Jillian Hishaw

What happens when I file Chapter 7 Bankruptcy and I own a business?

What happens when I file Chapter 7 Bankruptcy and I own a business?

If you own a business and need to file for Chapter 7 bankruptcy, it is important to understand the implications for your business and your personal finances. In a Chapter 7 bankruptcy, the business's assets will be sold and the proceeds will be used to pay off its creditors. After the bankruptcy is complete, the business will be dissolved.

What will happen to the Equity in my home if I file Chapter 13 Bankruptcy?

What will happen to the Equity in my home if I file Chapter 13 Bankruptcy?

“In some states, such as Texas and Florida, there are unlimited homestead exemptions that allow debtors to protect all of the equity in their homes, regardless of the value. Other states, such as North Carolina and Wyoming, have more limited homestead exemptions that may only protect a certain amount of equity.”

How Does a Chapter 13 Bankruptcy Stop the Foreclosure of Your Home?

How Does a Chapter 13 Bankruptcy Stop the Foreclosure of Your Home?

“Chapter 13 bankruptcy can help stop the foreclosure of your home by implementing an automatic stay, which is a court order that prevents creditors from taking any collection actions against you, including foreclosure proceedings. Once you file for Chapter 13 bankruptcy, the automatic stay goes into effect, and your mortgage lender is required to halt any foreclosure proceedings that are currently underway.”

What documentation do you need to file Chapter 13 in Mecklenburg County, North Carolina?

What documentation do you need to file Chapter 13 in Mecklenburg County, North Carolina?

“It is important to work with a qualified bankruptcy attorney to ensure that you provide all of the necessary documentation and that your bankruptcy petition is filed correctly. Your attorney can also help you navigate the complex bankruptcy process and ensure that you meet all of the necessary requirements for Chapter 13 bankruptcy.”

What Happens if I do not qualify for a Chapter 7 Bankruptcy?

What Happens if I do not qualify for a Chapter 7 Bankruptcy?

“f you do not qualify for Chapter 7 bankruptcy, you may still be eligible for Chapter 13 bankruptcy or other debt relief options. Chapter 7 bankruptcy is designed for individuals who have little or no disposable income, whereas Chapter 13 is intended for those who have a regular income but are struggling to repay their debts.”

Can I get rid of my Unsecured Debt when I file Chapter 13 Bankruptcy?

Can I get rid of my Unsecured Debt when I file Chapter 13 Bankruptcy?

“Yes, you can get rid of some of your unsecured debt when you file for Chapter 13 bankruptcy, but not all of it. Chapter 13 bankruptcy is a debt reorganization plan that allows you to consolidate and repay some or all of your debts over a period of three to five years.”

What You Need to File Chapter 13 in Wyoming?

What You Need to File Chapter 13 in Wyoming?

“To file for Chapter 13 bankruptcy in Wyoming, you will need to take the following steps:

  1. Complete Credit Counseling: Before filing for bankruptcy, you will need to complete a credit counseling course from an approved provider. This course will help you understand your financial situation and explore alternatives to bankruptcy.”

Can I get rid of my second mortgage if I file Chapter 13 Bankruptcy?

Can I get rid of my second mortgage if I file Chapter 13 Bankruptcy?

“Lien stripping is only available in Chapter 13 bankruptcy and is only possible if the value of your home is less than the amount you owe on your first mortgage. In other words, if your home is worth less than what you owe on your primary mortgage, then the second mortgage or home equity loan may be considered unsecured debt, which can be treated similarly to credit card or medical debts.”

Will I lose my house if I file Chapter 13 bankruptcy in Charlotte, North Carolina?

Will I lose my house if I file Chapter 13 bankruptcy in Charlotte, North Carolina?

“Filing for Chapter 13 bankruptcy in Charlotte, NC, does not necessarily mean that you will lose your house. In fact, Chapter 13 bankruptcy can often help you keep your home by providing a structured repayment plan that allows you to catch up on past-due mortgage payments over a period of three to five years.”

What is the difference between Chapter 7 vs. Chapter 13 Bankruptcy?

What is the difference between Chapter 7 vs. Chapter 13 Bankruptcy?

“Chapter 7 bankruptcy, also known as "liquidation bankruptcy," allows the debtor to eliminate most types of unsecured debts, such as credit card debts, medical bills, and personal loans, without making any payments to creditors. In exchange, the debtor may have to surrender some non-exempt assets, which are sold by the trustee to pay off a portion of the debts. This process usually takes about 3-6 months and may have some negative impacts on the debtor's credit score.”

Three Misconception about Estate Planning

Three Misconception about Estate Planning

According to the 2022 State of Estate Planning report, 57% of the 10,000 Americans surveyed indicated that they feared that their loved ones will be burdened with closing out their estates after they pass away- yet only 53% have an estate plan in place. It seems that it’s a natural inclination to be concerned but not to take action to have an estate plan. Though there may be many reasons for this there are no misconceptions that many people maybe lacking enough information to take the first steps.  If you are reading Hishaw Law LLC blog for the first time, you have come to the right place.

What is a Chapter 13 Bankruptcy?

What is a Chapter 13 Bankruptcy?

“Chapter 13 bankruptcy is a type of bankruptcy that allows individuals with a regular income to create a repayment plan to pay off all or a portion of their debts over a period of three to five years. It is also known as a "wage earner's plan" because it is typically used by people who have a steady income, but are struggling to keep up with their debts.”

Will I lose my car if I file bankruptcy in Mecklenburg County, North Carolina?

Will I lose my car if I file bankruptcy in Mecklenburg County, North Carolina?

“Whether or not you will lose your car when you file for bankruptcy in Mecklenburg County, North Carolina, will depend on several factors, including the type of bankruptcy you file, the equity in your car, and your ability to continue making payments on your car loan.”