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Avoid Foreclosure by Getting Help with a Mortgage Loan Modification in North Carolina

North Carolina Mortgage Modification


The Covid-19 pandemic and subsequent shutdown has hit U.S. businesses and homeowners hard, but even before the pandemic, many North Carolina homeowners were struggling with mortgage loans and facing foreclosure.

The Law offices of John T. Orcutt are here to help you with a mortgage loan modification that can reduce your interest rate and lower your monthly payments. 

U.S. Houses passes HEROES Act including consumer protections

HEROES Act Passes

I would start with describing the HEROES Act as an opening bid in a negotiation with the Senate,  where Republicans and most Democrats are  substantially more cautious.  It is worth noting that this summary does not include the pro-bankruptcy provisions,  including the $100,000 homestead minimum regardless of state law,  the more general allowance of 84 months plans (but with a discharge still at 36 or 60 months),  etc.


Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC)

DISCLAIMER: This article is not meant to provide specific advice about the formation of a 501(c)(3) non-profit corporation or the tax or other consequences of such. At most, this is intended to encourage Chapter 13 trustees and their staff to investigate this option.

Substantial Gainful Activity and the Total Permanent Disability Discharge

The TPD Application states that substantial gainful activity means a level of work performed for pay or profit that involves doing significant physical or mental activities, or a combination of both.  This is a rather vague and nebulous definition,  which I suspect leaves doctors without much guidance or confidence in making a certification.

Will Getting A New Job After Filing Chapter 7 Bankruptcy Affect My Debt Discharge?

New job

Got a new job after you filed bankruptcy?

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One of the most common reasons why North Carolina consumers file Chapter 7 bankruptcy is job loss. Nearly one-fourth of bankruptcy filers have experienced unemployment that ran them behind on their bills and led them to turn to bankruptcy to get out of debt. But what if you lose your job, file Chapter 7, and then get a new job?  How will this affect your case?

Attorney Ed Boltz Testifies On Capitol Hill About the Student Loan Debt Crisis

Attorney Ed BoltzEd Boltz, partner at the Law Offices of John T. Orcutt, has been representing clients in North Carolina and in developing policy and legislation on a nation level. Attorney Boltz is a leader in the discussion on how to help borrower being crushed by the $1.5 trillion in student loans in the United States.

Can You Add New Debts to Your Bankruptcy After You File?


You can add debts to your bankruptcy in some cases

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Bankruptcy, whether you choose Chapter 7 or Chapter 13, is a great way to dig yourself out of a financial mess. But it's pretty much a one shot deal. Think of it as a garage sale for your debt – you have that one day to unload your stuff – and you can't go back and retroactively add anything to that garage sale. That's a broad idea of how debt in a bankruptcy works. All the debt you had when the bankruptcy is filed can be part of the bankruptcy and you can't go back and add any, as a rule. However, there are some exceptions.

Be Careful When Using Credit Cards to Pay Court Fines So You Don't Make Things Worse

Pay your speeding ticket with a credit card

You can now pay traffic fines and fees in NC with your credit card or debit card

Image source: Chris Yarzab via Flickr Creative Commons

We wrote a few days ago about newly enacted legislation that allows the North Carolina courts to accept credit cards for court fines and fees. However, today we talk about the possible outcome of doing this and why you should think carefully before you do. If your finances are already on the brink and you can't pay your credit card bills, adding more debt to the pile is a risk. Tickets and court costs can be quite costly and can easily put you at or over your credit limit. Here's what you need to know about credit card use before a bankruptcy, no matter what you're using them to do.

Will Filing Chapter 13 Bankruptcy Impact Your Tax Refund?

Income tax

Check this out before you file taxes or Chapter 13.

Image Source: Flickr user Chris Potter.

Yesterday, we wrote about Chapter 7 bankruptcy, taxes and your income tax refund. Today, we dig into the tax consequences of filing Chapter 13 bankruptcy in North Carolina. Chapter 13 takes much longer than Chapter 7 to complete—it’s a matter of years versus a matter of months, but is a better fit for some than liquidation bankruptcy. Here’s what you must know about Chapter 13 and income taxes.

5 Requirements to File Chapter 7 Bankruptcy in North Carolina


Can you file Chapter 7 bankruptcy? Rules to know

Image Source: Flickr User Alan Levine

It’s 2017 and a good time to think about doing some cleaning in your life. Chapter 7 bankruptcy may help you. The new year is the perfect time to reorganize your home, your life, and your finances. If you’re struggling with debt you can’t afford, living paycheck to paycheck, and being hounded by debt collectors, bankruptcy might be the best way out of your financial mess.


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