Chapter 7 bankruptcy is a legal option that can help people and businesses in North Carolina struggling with overwhelming debt. Knowing the pros and cons of filing for Chapter 7 bankruptcy is important for any person or business considering using it as a solution to deal with debt-related problems. If you are interested in pursuing Chapter 7 bankruptcy, contact a bankruptcy attorney to help make sure you can make an informed decision about your financial future. 

Pros of Chapter 7 Bankruptcy

1. Debt discharge – One of the primary benefits of Chapter 7 bankruptcy is that it allows eligible people in North Carolina to discharge most of their unsecured debts, such as credit card bills and medical expenses. This means you will not be legally obligated to repay those debts, giving you a fresh start. 

2. Immediate relief – Once you file for Chapter 7 bankruptcy, an automatic stay is implemented. This means all collection actions by creditors will be halted. This means no more harassing phone calls, wage garnishments, or legal actions against you. It provides immediate relief from the stress and pressure of debt. 

   ...

For many homeowners in North Carolina, the possibility of foreclosure is a significant concern. People who have experienced financial difficulties may struggle to make mortgage payments while also covering other essential expenses. Missed payments could cause a mortgage lender to contact a homeowner and inform them that they could face penalties if they do not pay the amounts owed and any applicable late fees or other penalties. In these situations, the fear of losing a home and the stress of addressing financial issues can take a toll on a person’s emotional and mental well-being. For those who are facing a potential foreclosure, it is important to understand the options that may be available. One potential solution may involve filing for bankruptcy.

The Benefits of Filing for Bankruptcy

Bankruptcy is not something most people initially consider when facing foreclosure. They may be concerned that they will not qualify for debt relief or worry that they will be required to give up certain assets, including their home. However, bankruptcy can provide several benefits for those who are facing the threat of foreclosure, including:

• Automatic stay

  When a bankruptcy petition is filed in court, an automatic stay goes into effect immediately. This legally requires all creditors to stop any collection efforts, including foreclosure proceedings. The automatic stay can provide temporary relief from creditors while giving a homeowner time to determine what options they may have to address their outstanding debts and prevent a foreclosure.

  ...

While bankruptcy can help individuals and families eliminate some or all of their debts, many people who consider filing for bankruptcy are concerned about losing their assets, such as their home, car, or personal belongings. While it is true that bankruptcy will sometimes involve a liquidation of assets, the extent to which you may lose your assets will depend on several factors, including the type of bankruptcy you file and the exemptions available to you.

Chapter 7 Bankruptcy: Liquidation

Chapter 7 bankruptcy, also known as liquidation bankruptcy, is the most common form of personal bankruptcy. In a Chapter 7 bankruptcy, the types of assets you own will be evaluated, and your non-exempt assets may be seized and sold to repay your creditors. However, North Carolina bankruptcy laws provide exemptions that protect certain types and amounts of property from being liquidated.

While the exemptions vary depending on your individual circumstances, some common exempt assets in North Carolina include:

Being in debt is a stressful situation, especially for those who have encountered financial difficulties that have affected their ability to pay what is owed while covering other ongoing expenses. If you are in this situation, you may be dealing with constant calls, letters, and threats from creditors and collection agencies, and you may feel helpless and overwhelmed as you attempt to deal with your financial issues and address your family's needs. Fortunately, there are legal measures you can take to stop creditor harassment, and in some cases, filing for bankruptcy may allow you to eliminate some or all of your debts.

Your Rights Under the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates how creditors can contact and communicate with debtors. Under this law, you are protected from harassment by creditors, and you can take steps to address any harassing behavior. The FDCPA allows you to:

• Address abusive practices - Creditors are not allowed to use abusive language, call you repeatedly in an annoying manner, make threats of violence, or speak to you without identifying themselves as debt collectors. If creditors take an aggressive or abusive approach when attempting to collect debts, you can file a complaint against them with the Consumer Financial Protection Bureau (CFPB).

  ...

If you are like many people considering bankruptcy, the idea of losing your home is a major concern. While bankruptcy will allow you to eliminate some of your debts, the discharge of your home mortgage will allow the lender to foreclose on your home. You may be able to avoid this in certain situations, but if you also have a second mortgage on your home, you may be wondering how that debt will be treated in a potential bankruptcy case. The good news is that second mortgages can sometimes be eliminated or reduced through bankruptcy, depending on your individual circumstances and the type of bankruptcy you file.

Mortgage Loans in Chapter 7 Vs. Chapter 13 Bankruptcy

In a Chapter 7 bankruptcy, your first and second mortgages may be discharged entirely along with any other debts you owe. However, as mentioned, above, the lender or lenders may then pursue a foreclosure. Because of this, Chapter 7 is usually only an option if you do not plan to stay in your home.

In a Chapter 13 bankruptcy, your debts will be restructured, and you will be required to repay a portion of what is owed over a three-to-five-year period. If you choose not to discharge your mortgage debts, you can use this repayment plan to pay back missed payments and any applicable fees over time. This will allow you to become current on your mortgage loans and avoid the loss of your home.