Depression and Bankruptcy

May 12th, 2016

Depression and Bankruptcy can very often go hand in hand.  girl-1098610_640 Bankruptcy is a financial state where you can no longer meet your obligations and payments.  It is stressful, taxing, and a huge strain on the debtor and the debtor’s family.   Bankruptcy laws provide that a person can file for protection under Title 11 for bankruptcy relief under either Chapter 7 or Chapter 13.

Chapter 7 bankruptcy is considered a discharge of unsecured debts.  Chapter 13 is a payment plan of your debts.   In either case, the bankruptcy laws protect you from creditors.   However, the laws do not address the mental challenges associated with bankruptcy.

Depression and Bankruptcy

Bankruptcy can create many emotions, and depression can be one of them.   When we cannot pay our debts, we can feel weak, stressed, sad, and burdened.  Bankruptcy laws can help you overcome the technical aspects of not being able to pay your debts, but it is important to also pay attention to your emotional and physical well-being during the process.   Meeting with a bankruptcy attorney is a good first step to determine your options and help you relieve some stress by learning what you can do.   Bankruptcy does not carry the stigma it once did in society.   Many people of all income and job levels, many businesses, even famous people, file bankruptcy all the time.

This post is not intended to provide mental counseling or advice on depression.  It is only intended to help people facing bankruptcy to realize they are not alone.   If you are a debtor, filing bankruptcy can be a great choice.   Just remember to take care of yourself so that once your bankruptcy is finished, you get a fresh financial start with a healthy mind and body too.

Posted in Uncategorized | Comments Off

Deep in debt

January 27th, 2016

Deep in debt?    Many people feel the weight of financial debt in the new year.   In Western North Carolina and much of the Eastern United States, we had a major snow storm recently that required many people to dig out of the snow.alm-549333_640

Many folks in debt feel like the creditors are on top of them just like this snow.   They are anxiously trying to dig themselves out from the financial woes.   Unfortunately, living paycheck to paycheck makes it difficult to pay off debt.   If an illness, layoff, or job issue occurs, people get further and further under the debt pile.

Deep in Debt Help

Bankruptcy laws were designed to help debtors dig out from underneath all the debt and get a fresh start.   Bankruptcy helps people by discharging unsecured debts, possibly releasing them from secured debts they cannot keep, and giving them the tools to create a new financial life for themselves.    Talk to a bankruptcy lawyer today to see about your options.

Tags: , , ,
Posted in Bankruptcy, Bankruptcy and credit cards, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, bankruptcy lawyer, Bankruptcy Questions, Debt, Debt and bankruptcy | Comments Off

Imagine Being Debt Free

November 19th, 2015

Imagine being debt free. youth-570881_640   Creditors cannot contact you and leave you harassing messages.   They cannot send you threatening letters.   You do not have to worry about getting sued in state court when you least expect it.  Or, even worse, watching the Sheriff walk up to your house and serve you with legal papers.

Being debt free is a goal of many individuals.   You work so hard to make ends meet and still, it never seems like there is enough left over to really put a dent in the debt.   If you are only paying the minimum payments on credit cards, chances are you may never pay of the debt and be debt free.

Bankruptcy is a federal law designed to protect individuals and businesses that cannot pay their debts.   Bankruptcy can provide a clean slate, a fresh start to get you back on your financial feet.    We all plan to pay our debts back but what happens when we cannot?  Creditors start contacting you, harassing you and suing you.   It can be scary and lonely and difficult to imagine being debt free.

Our law firm offers a free initial bankruptcy consultation.   Please contact us if you would like to discuss your situation in more detail.   We can help you reach your goal of being debt free.

Tags: , , , ,
Posted in Bankruptcy, Bankruptcy and divorce, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, bankruptcy lawyer, Bankruptcy Questions, Debt | Comments Off

Fresh Start Bankruptcy

September 16th, 2015

A fresh start bankruptcy is similar to the changing of the seasons.   We are in the beginning stages of a beautiful Fall season here in Asheville, North Carolina.  autumn-63271_640

Asheville is a lovely place to enjoy the beauty of Fall.   With the mountains and great hiking trails, Asheville is a gorgeous place to enjoy the season.   Additionally, Asheville offers mild weather perfect for getting out and seeing all the tree species that are native to our area.  Just like the trees shed their leaves in anticipation of a fresh beginning next Spring, so can a person shed their debts in bankruptcy and create a new financial beginning.

Fresh Start  Bankruptcy

Debt can really smother a person financially, mentally, and sometimes even physically.   The stress of owing money and creditor harassment is real.   In rare cases, it can even lead to suicide.   Getting a fresh start in bankruptcy is a wonderful option that was designed by Congress to help people get out of debt.   A fresh start bankruptcy helps people move on with their lives and not be tied to the minimum monthly payment vicious cycle.

As a bankruptcy lawyer in Western North Carolina, I see many people who are scared about the creditor calls, the creditor law suits, the sheriff coming to their homes…it seems like a nightmare and people do not know how to get out from under it.   Although filing bankruptcy can be intimidating, with a good lawyer, it is usually a pretty smooth process.   Taking that first step to get a fresh start  bankruptcy begins with meeting with a lawyer for a free consultation.   It is important to research your options and go to the best lawyer you can find.   A fresh start  bankruptcy is a right created by our government to free you from your financial stresses and give you a second chance at financial happiness.

Tags: , , , , ,
Posted in Bankruptcy, Bankruptcy and credit cards, Bankruptcy and divorce, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, bankruptcy lawyer, Bankruptcy Questions, Chapter 13 Bankruptcy, Debt | Comments Off

Life after bankruptcy

July 1st, 2015

Life After Bankruptcy

Life after bankruptcy is truly a fresh clean financial start.   Filing a Chapter 7 bankruptcy erases all unsecured debt, which includes medical bills, credit cards, personal loans, and even loans on secured items that are surrendered back to the creditors.

What happens after bankruptcy?


Your financial world is back in your hands after filing bankruptcy.   Creditors cannot legally contact you or pursue collection against you.    In fact, there is no debt to collect.   As a bankruptcy lawyer in Asheville, North Carolina, I often see clients who are worried about what will happen after they file their bankruptcy case.   How will they get credit or buy a house or car again?

Bankruptcy shows that you were responsible enough to confront your debts and deal with them.   When you apply for credit, you will not have old debts creeping up on you.   It is true bankruptcy can stay on your credit report for up to 10 years.   However, most people are inundated with credit card applications after filing!   Life after bankruptcy means that you can still get credit, but you must handle it wisely so you do not end up in debt again.   Have one credit card and pay it off in full each month.   This will help show creditors that you can handle the debt and help increase your credit rating.   Pay a little extra each month on secured debts like your home or car payments.   And, most importantly, never be late on a payment.   See this article for more helpful tips:

Life after bankruptcy also can be a time to simplify your spending.   Try to establish a budget and an emergency fund.   Live within your means as much as possible.   Consider what brought you into bankruptcy and how to use this time in your life to make positive financial change.

Tags: , , , ,
Posted in Bankruptcy, Bankruptcy and credit cards, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, bankruptcy lawyer, Bankruptcy Questions, Chapter 13 Bankruptcy, Debt, Divorce | Comments Off

Should bankruptcy be filed before or after divorce?

May 28th, 2015

Should bankruptcy be filed before or after divorce?

As a bankruptcy lawyer in Western North Carolina, I see all kinds of people every week that need the help of the Federal bankruptcy laws.   They seek legal protection from their creditors because they can no longer pay their debts.  One of the main reasons people file bankruptcy is because they are separating from their spouse and wish to end their marriage.

Divorce and Bankruptcy

Financial debt puts a huge strain on a marriage.    Add an affair, loss of a job, or illness, and many couples struggle to keep their marriage afloat. divorce-619195_640  For some people, the only option is to end the marriage and separate from their spouse.   In North Carolina, a married couple is required to remain separate for a period of one year before they can file for divorce.   That one year period is very helpful for the couple to organize their affairs, child custody options, etc.

More often than not, the couple has shared debt.   They contact a family lawyer who tells them to speak with a bankruptcy lawyer.   Then, they come to my office.   The benefits of filing bankruptcy with your spouse are that 1) you pay only one set of legal fees and court costs, 2) you both get rid of your unsecured debt and 3) you each get the benefit of a fresh financial start in your future independent lives.    This option is a good choice if you are amicable, can work together, and mutually agree on what will happen to your assets.

Reasons not to file bankruptcy are: 1) you cannot agree on what will happen to your assets; 2) you are not able to be in the same room or communicate with one another in a reasonable way; 3) you have equitable distribution claims in your divorce proceeding; and 4) you have potential alimony/child support claims in your divorce proceeding.

Bankruptcy law is usually not intended to be contentious.   It is a legal tool to deal with financial debt.   It is not a place to fight with your spouse or bicker about assets.   In fact, majority of bankruptcy lawyers will not even represent both parties if there is any sense of conflict at all.

Should you and your spouse need to file bankruptcy, meet with a lawyer and consider your options.    If you can work together, it may be fine to file bankruptcy together.   If you cannot, it is best to conclude your divorce matter first and then each party can file bankruptcy individually.

Tags: , , , ,
Posted in Bankruptcy, Bankruptcy and divorce, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, Bankruptcy Questions | Comments Off

Bankruptcy Provides a Fresh Financial Start

April 29th, 2015

Bankruptcy provides a fresh financial start.   Spring has officially arrived in the beautiful mountains of Asheville, North Carolina.    Springtime is indeed a special time of year in the Western mountains of North Carolinatulipa-366661_640  Trees and flowers are blooming, vegetables are sprouting, and birds are excited that the world is waking up from winter.   Similarly, bankruptcy provides a fresh financial start.   Springtime is a time to clean out the old and make way for the new.   Bankruptcy can also help you clean out old debt and give you a fresh financial start to your life.

Bankruptcy provides a fresh financial start

One of the best reasons to file bankruptcy is unsecured debt.   Old credit cards, maxed out credit cards, repossessions, even old medical bills that are keeping you from financial stability can all be discharged in bankruptcy.    Congress designed the bankruptcy laws specifically to help the consumers who are consumed by too much debt and cannot pay it back.   Bankruptcy provides a fresh financial start because once you file bankruptcy, you get a fresh clean slate.   Essentially, you have no more unsecured debt.   Rather than spending your paycheck on minimum payments to credit card companies, you can start saving that money to buy a house, a car, send a child to college, or just build a savings account.

Starting over with a fresh financial slate

Many folks that we see for bankruptcy consultations feel badly that they cannot pay their credit card debts.   It is important to remember that MANY people feel the same way.   Bankruptcy laws were designed to protect and provide a fresh financial start for people.   With a fresh financial start, many people who file bankruptcy are better able to control their future finances, have a better understanding of debt and debt scams, and are able to save more money since they are no  longer trying to pay off unsecured debt.

Consider seeing a bankruptcy attorney for a free consultation to discuss your options this Spring.   That is the best way to see if bankruptcy might be an option for you.



Tags: , , , ,
Posted in Bankruptcy, Bankruptcy and credit cards, Bankruptcy and divorce, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, Debt and bankruptcy | Comments Off

Bankruptcy & foreclosure

April 8th, 2015

Bankruptcy & foreclosure often go hand in hand.   Foreclosure varies from state to state, but it is the legal process by which a bank or mortgage lender legally takes a piece of real estate back because the buyers are not current on monthly payments.  Bankruptcy is the legal process of protecting consumers from lenders for a variety of reasons including helping them save their homes.

Bankruptcy & Foreclosure

When it feels like all your money is flying out the door and you have bill collectors pursuing you, it can be very stressful.   dollars-31085_640

But when the missed payments also include house payments, it is stressful and can also mean losing your home…literally the roof over your head.   Bankruptcy can stop foreclosure.   Once you file for bankruptcy protection, the automatic stay goes into effect.  The automatic stay prevents creditors from suing you or proceeding with legal action against you for your debts.

In Chapter 13 Bankruptcy, this means that you can save your home from foreclosure.   Bankruptcy can also help you catch up on missed payments on your home, often with no interest on those payments.   When life circumstances cause your family to miss house payments, but you think you will be able to fix it if only you could catch up, bankruptcy can help give you that option of catching up your mortgage and saving your house.

Additionally, if you know you don’t want to keep your home, bankruptcy can also help you discharge the deficiency and loan so that you can get a fresh financial start.

Always discuss your options with a bankruptcy attorney before you let your home go to foreclosure.   Most likely, bankruptcy can help you.

Tags: , , ,
Posted in Bankruptcy, Bankruptcy and credit cards, bankruptcy attorneys asheville nc, Foreclosure | Comments Off

Credit Card Debt

February 4th, 2015

credit-card-309613_640Credit card debt usually begins as an innocent mistake.   You have to make ends meet and so you use the credit card.  You plan to pay it off next month, but then something else happens and you have to use the credit card again.  Credit card debt is a balancing act.  If you can pay credit card debt off every month, your credit score will improve.  But, in most cases, people have a very hard time paying off credit card debt.  Here are some options that can help you get out of credit card debt.

Credit card debt and bankruptcy

Credit card debt can be good and bad.  It is helpful to have a credit card for emergencies and it can also help your credit score to use and pay off debt on credit cards.  However, if you get into the cycle of using your credit cards when you know you can’t pay it off in full next month, you begin the never ending minimum payment scenario.  Making minimum payments on credit cards means that you will carry the credit card debt with you for a long time.  This is because credit card companies charge fees and increased interest rates.  Chapter 7 bankruptcy discharges all unsecured credit card debt.  Chapter 7 can provide a fresh start and help you get out of the credit card debt.

Credit card debt and consolidation

Another option for credit card debt is to consolidate the debt.   Never pay any debt company online or otherwise to consolidate your credit card debt for you.  There are plenty of local nonprofit organizations that can help you consolidate debt for free.  Consolidation usually  means you set up payments to get out of credit card debt.  Settling with creditors by paying lump sum payments on the credit card debt can also be an option.  Check your local community organizations for more help consolidating your credit card debt.

Tags: , , ,
Posted in Bankruptcy, Bankruptcy and credit cards, Bankruptcy and divorce, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, Bankruptcy Questions, Chapter 13 Bankruptcy | Comments Off

Bankruptcy help

November 5th, 2014

Bankruptcy Help


As a bankruptcy lawyer in Western North Carolina, I get quite a few phone calls and inquiries asking for bankruptcy help.   Most often, a person has just lost their job.  Sometimes, the person is getting separated from his/her spouse.  And, there is also the person who has fallen ill or suffered a medical emergency.  Many folks need to talk to a bankruptcy professional just to know what their rights are.  The internet does provide all kinds of bankruptcy help information.  However, the bankruptcy help information on the internet is not always the best for getting answers to all of your questions.

Bankruptcy Help Starts With Your Consultation

Majority of bankruptcy lawyers offer a free initial consultation.  The reason it is free is because the potential clients are in financial distress!  We believe at my Firm that bankruptcy help should be provided to everyone.  As such, we feel it is important to offer a consultation to discuss your unique situation in bankruptcy.  The bankruptcy help you can get on the internet can be really confusing.  Although it is a Federal law, the bankruptcy laws are also unique to each state. And sometimes, even to each district within the state.   That is why getting valuable bankruptcy help begins with your consultation with a lawyer.  In this consultation, you will learn the facts of filing bankruptcy.  You will also learn how bankruptcy can be filed and whether or not your property will be protected.   Whether you choose to file bankruptcy after getting the bankruptcy help in the consultation is up to you.  Once you have met with a lawyer for your consultation though, you are empowered with what bankruptcy can do to help you.  Taking that first step to meet with the lawyer will be very valuable even if you do not file bankruptcy.

Tags: , , ,
Posted in Bankruptcy, Bankruptcy and divorce, bankruptcy attorneys asheville nc, Bankruptcy Chapter 7, Bankruptcy Questions, Chapter 13 Bankruptcy | Comments Off