Submitted by Rachel R on Wed, 01/15/2014 - 7:25pm
Chapter 13 bankrutpcy gives you the opportunity to pay back debts
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When new clients come to us looking for debt relief, there is sometimes confusion about the types of bankruptcy and how each works and can benefit you. If you qualify, Chapter 7 discharges most unsecured debts right away but Chapter 13 differs because it offers you breathing room to pay off your debts. More North Carolina consumers opt for Chapter 13 to try and pay off their debts rather than simply discharging them.
For all of North Carolina last year, Chapter 13 outweighed Chapter 7 filings significantly. 58% of bankruptcy filers last year opted for Chapter 13 and the opportunity to repay their debts rather than simply ask for them to be discharged. This is an admirable way to address your financial obligations if you can afford to do so.
When Chapter 13 Just Isn't Feasible
Granted, for some of our clients, Chapter 13 isn't feasible because they are unemployed, underemployed or dealing with medical disabilities which make it impractical for them to cope with what they owe, even given some additional time. But many who opt for Chapter 13 also qualify for Chapter 7 so they are making a deliberate choice to pay off debts they could easily have discharged.
Make the smart choice between Chapter 7 or Chapter 13 bankruptcy
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When Chapter 13 Is Preferable
There are some circumstances when we advise clients to opt for Chapter 13 over Chapter 7. Here's when it can be more advantageous:
When Chapter 13 Isn't Optional
Sometimes our clients would like to file for Chapter 7 but don't pass the means test and so aren't allowed to. If you have sizable income – even if you have a mound of debts – you will likely not qualify for Chapter 7. If your disposable income exceeds the North Carolina legal limit, you will have to file a Chapter 13 instead.
If you're neck deep in debt and looking for relief but aren't sure which chapter is better for your unique circumstances, we can help. Contact the law offices of John T Orcutt to find out more about your options for filing a North Carolina bankruptcy with a free consultation at one of our convenient locations.
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Serving All of North Carolina
Bankruptcy Attorneys Raleigh NC (North)
6616 Six Forks Rd #203 Raleigh, NC 27615 North Carolina
Tel: (919) 847-9750
Bankruptcy Attorney Fayetteville NC
2711 Breezewood Ave Fayetteville, NC 28303 North Carolina
Tel: (910) 323-2972
Bankruptcy Attorney Durham NC
1738 Hillandale Rd Durham, NC 27705 North Carolina
Tel: (919) 286-1695
Bankruptcy Attorneys Wilson NC
2215 Nash St N Wilson, NC 27896 North Carolina
Tel: (252) 234-9194
Bankruptcy Attorneys Greensboro NC
2100 W Cornwallis Dr. STE O Greensboro, NC 27408 North Carolina
Tel: (336) 542-5993
Bankruptcy Attorneys Garner NC (South Raleigh)
143 US-70 Garner, NC 27529 North Carolina
Tel: (919) 747-4400
Bankruptcy Attorneys Southport NC
116 N Howe St. Suite A, Southport, NC 28461 North Carolina
Tel: (910) 218-8682
Bankruptcy Attorneys Wilmington NC
116 N. Howe Street, Suite A Southport, NC 28461 North Carolina
Tel: (910) 447-2987