Court Hearings

What Should I Expect at a Foreclosure Hearing?

A foreclosure hearing is an opportunity for you to appear in front the clerk of the court of the county in which your home is located to dispute the right of the mortgage company to foreclose and sell your home at a foreclosure sale. The clerk of the court is similar to a judge regarding the foreclosure process.

The details of the process is located in North Carolina Gen. Statutes 45-21.16.

Usually the mortgage company will have an attorney to appear on their behalf to state to the clerk of the court you are behind on your mortgage payments. The attorney […]

Can a Bankruptcy Help Eliminate a Judgment from a Lawsuit?

Can a Bankruptcy Help Eliminate a Judgment from a Lawsuit?

Yes, a bankruptcy will usually eliminate a judgment against you from a lawsuit. If you owe a debt to a creditor, that creditor can obtain an attorney and sue you over the debt. If the creditor sues you over the debt and obtains a judgment against you, in other words wins the lawsuit, the court will issue a judgment against you. A judgment is a court order stating that you owe money to the creditor. The creditor can then try to collect the debt.

If you own real property, such as […]

What is a Default Judgment?

What is a Default Judgment?
 A default judgment is an order entered by the judge or clerk of the court. For our purposes in this blog, usually the default judgment is entered in state court.  This default judgment is allowed when the defendant has failed to plead or file an answer in the lawsuit or is otherwise subject to a default judgment. The default judgment is governed by Rule 55 of the North Carolina Rules of Civil Procedure.

To simplify the default judgment, a default judgment is entered by the court when someone fails to respond to a lawsuit. Normally a […]

Do I Have To Live In North Carolina To File Bankruptcy in North Carolina?

Our potential clients sometimes ask us if they have to live in North Carolina to file a bankruptcy in North Carolina? There is no simple answer to that question. Bankruptcy law is federal law and is valid throughout the United States. Normally you must live in the federal judicial district in which you file the bankruptcy case. Most states have several federal judicial districts. For example, North Carolina has three federal judicial districts. They are the Western district of North Carolina, the Middle district of North Carolina, and the Eastern district of North Carolina. If you reside in the […]

Will I Appear In Front Of A Bankruptcy Judge If I File Bankruptcy?

 

 

Most people that file chapter 13 and chapter 7 bankruptcy do not have to appear before the federal bankruptcy judge. The only court hearing they will usually have to attend is the chapter 7 bankruptcy creditors meeting  or the chapter  13 bankruptcy creditors meeting.  In each of these instances,  they will have to appear before a chapter 7 trustee or a chapter 13 trustee, not a judge .

However, there are some circumstances  in which  a debtor may have to appear before the federal bankruptcy judge.  Common examples are  if the debtor  becomes behind on their chapter 13  plan payments.  The chapter 13 […]

Do I Need To Appear in Court If I File Bankruptcy?

Under federal law you must attend at least one court hearing known as a “creditor’s meeting” or the “meeting of the creditors” shortly after you file the bankruptcy.

This is a requirement of 11 USC § 341 of the federal bankruptcy code.

This court hearing will usually take place about 20-40 days after you file the bankruptcy. If you are a resident of a larger city the court hearing is usually held in your city.  However, if your bankruptcy court hearing is in a smaller city, you may have to drive to a nearby larger city for this creditor’s meeting.  Most of […]