Charlotte Attorney's Informative Blog

Today, I had a potential client come into my Bell Gardens office location wondering whether a Wrongful Death Lawsuit (judgment) can be discharged by filing for bankruptcy.

As I am always seeking new topics to blog about, I thought this one would be a great topic – even if not alot of people are in this situation.

so….

Can a wrongful death lawsuit (judgment) be discharged in bankruptcy?

It depends (typical lawyer answer, I know) some wrongful death lawsuits can be discharged by filing bankruptcy and receiving a discharge. The federal bankruptcy laws permit the discharge of negligence damages, and a person could be released from having to pay a judgment for accidentally causing a death. Yet, some bankruptcy courts may make damages resulting from “recklessness” or gross negligence non-dischargeable. Legal debts caused by drunk driving can’t be discharged in bankruptcy.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Bankruptcy gives protection to people in financial trouble who are drowning under piles of debt. Because of today’s difficult economic times millions of people are exercising this protection of filing bankruptcy, Chapter 7 or Chapter 13. The bankruptcy laws were created by Congress to provide relief to those who have been victimized by the rising rate of unemployment, inflation, staggering medical bills, disability, high interest rates, foreclosure, divorce or identity theft.

We are a debt relief agency and can help you reduce or eliminate your liabilities and keep your property. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. We can assist you and your loved ones with filing for bankruptcy and the avoidance of judgments. To review the fees and costs associated with filing bankruptcy visit our bankruptcy page.  Contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the bankruptcy fees by scheduling your appointment online.

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Attorney Karen D. Washington, Of Counsel

Direct Dial: 704-578-8356

Email

Experience

• Bankruptcy Filings Chapter 7 and Chapter 13;
• Debt Defense and Settlement;
• Foreclosure Defense;
• Civil Litigation with focus on Creditors’ Rights (Combined 5 Years in South Carolina and North Carolina);
• Complex Civil Litigation with focus on Insurance Defense;
• Tax Collection Defense.

Education

The University of North Carolina (Chapel Hill), Juris Doctorate.
Leeds Metropolitan University, England, United Kingdom, Bachelor of Arts.

BAR ADMISSIONS\LICENSURE & ASSOCIATIONS

North Carolina Notary Public (Mecklenburg County),
State Bar of North Carolina,
State Bar of South Carolina,
United States Federal Court (Western District of North Carolina),
United States Federal Court of South Carolina,
North Carolina Bar Association,
Mecklenburg County Bar Association.

Background

Ms. Washington is of  both Kenyan and Jamaican Decent. She participated in a study abroad program during her bachelor education at Spellman College in Atlanta Georgia. She moved to the United States in 1998, after receiving her bachelorette degree at Leeds Metropolitan University. Ms. Washington has been licensed in South Carolina and has practiced in both the state and federal courts there for almost ten (10) years. She is also licensed in North Carolina. She has extensive experience in the area of civil litigation and collection services for creditors. For the past year now, Ms. Washington has switched gears and transformed her practice to debt defense and bankruptcy services for both South Carolina and North Carolina clients. As of counsel for Maxwell Law Firm, PLLC she currently assists debtors with debt settlement and filing for chapter 7 and chapter 13 bankruptcy.

Hometown

Bradford, England (UK).

Meetings / Consultations / Appointments

Please contact Ms. Washington at the contact information above to schedule an appointment to meet with her in our office or via telephone.

Not all debts are dischargeable in bankruptcy!  Non-dischargeable debts are those that the Chapter 7 petition will not eliminate and which you will still have to repay according to your agreement with the creditor.  I have compiled a list of debts that are not dischargeable for your review.

1. Debts incurred by fraud or false pretenses;
2. Debts incurred by willful and malicious injury
3. Debts incurred by a false statement in writing (such as false credit application)
4. Debts incurred by embezzlement or larceny;
5. Criminal fines and restitution
6. Spousal support or child support obligations (including arrears owed)
7. Student Loans (unless you can prove “undue hardship“)
8. Debts resulting from death or personal injury by debtor operating a motor vehicle while intoxicated.
9. Marital Equalization Obligations (Ch. 7 only–these may be discharged in a Ch. 13).
10. Income taxes for tax years less than 3 years ago
11. Fines and penalties owed to a governmental unit.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Bankruptcy gives protection to people in financial trouble who are drowning under piles of debt. Because of today’s difficult economic times millions of people are exercising this protection of filing bankruptcy, Chapter 7 or Chapter 13. The bankruptcy laws were created by Congress to provide relief to those who have been victimized by the rising rate of unemployment, inflation, staggering medical bills, disability, high interest rates, foreclosure, divorce or identity theft.

We are a debt relief agency and can help you reduce or eliminate your liabilities and keep your property. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. We can assist you and your loved ones with filing for bankruptcy and the avoidance of judgments. To review the fees and costs associated with filing bankruptcy visit our bankruptcy page.  Contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the bankruptcy fees by scheduling your appointment online.

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When I do my bankruptcy consultations with my clients, I generally tell them that after I file their petitions, the bankruptcy court clerks go in 2-3 nights later and prepare all of the bankruptcy notices to be mailed, then it goes thru the mail for 4-5 days, so it can be a week or so before your creditors will receive actual physical notice in hand that you have filed for bankruptcy.  They will be provided your case number, the date your bankruptcy was filed, your attorney’s address and phone number, the Trustee’s address and phone number as well as the bankruptcy court’s information.

One of the greatest benefits of filing bankruptcy is that it stops creditor harassment (the automatic stay). If you receive a call from a creditor, let them know you have filed bankruptcy and give them your case number. You can also let them know that Chirnese Liverpool is your bankruptcy attorney and instruct them to contact our office if they have any further questions.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Bankruptcy gives protection to people in financial trouble who are drowning under piles of debt. Because of today’s difficult economic times millions of people are exercising this protection of filing bankruptcy, Chapter 7 or Chapter 13. The bankruptcy laws were created by Congress to provide relief to those who have been victimized by the rising rate of unemployment, inflation, staggering medical bills, disability, high interest rates, foreclosure, divorce or identity theft.

We are a debt relief agency and can help you reduce or eliminate your liabilities and keep your property. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. We can assist you and your loved ones with filing for bankruptcy and the avoidance of judgments. To review the fees and costs associated with filing bankruptcy visit our bankruptcy page.  Contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the bankruptcy fees by scheduling your appointment online.

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Happy Valentines day from the Law offices of Chirnese L. Liverpool.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Chirnese L. Liverpool assists clients with filing for bankruptcy in California  as well as all of Nevada.  Our office represents clients with:  bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, and chapter 13 bankruptcy representation. We can be reached at (818) 714-2200.

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Hey Bankruptcyincharlotte,
Thanks for the above, The Chapter 7 Bankruptcy Meeting of Creditors is designed as an opportunity for legally interested people to ask questions of the debtor. The people that can be there (the legally interested parties) are the Chapter 7 Trustee, the United States Trustee, and any creditors of the debtor.
Good Job!

All of your debts should be included. If you are current in your home mortgage payments, you can continue to pay the mortgage yourself outside of your Chapter 13 Plan. If you are in arrears in your mortgage payments, you are required to make all current mortgage payments and arrearage payments through the Chapter 13 Plan.

In addition, car loans, car leases, household goods loans and leases, taxes, student loans, credit card debt, medical bills, checking account overdrafts, payday loans, cash advance loans and all other debts are required to be included in your Chapter 13 Plan.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Chirnese L. Liverpool assists clients with filing for bankruptcy in California  as well as all of Nevada.  Our office represents clients with:  bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, and chapter 13 bankruptcy representation. We can be reached at (818) 714-2200.

Maxwell Law Firm PLLC represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-461-1883.  Save an additional 25% off the fees -by scheduling your appointment online.

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If your bankruptcy case is dismissed, you will no longer have the automatic stay protection that bankruptcy affords.  The stay will be lifted and your creditors will be allowed to resume collection efforts.  Your creditors may add interest and penalties to the amount that were waived while your chapter 13 bankruptcy was active.

If your case is dismissed prior to your plan being confirmed the Chapter 13 bankruptcy Trustee is entitled to fees incurred in the administration of your case.  Your bankruptcy attorney may also be entitled to fees.  Any allowed fees will be paid from the money that you paid to the Trustee for your plan.  Also, disbursements may have been made to your mortgage creditor and/or other secured creditors entitled to adequate protection.  Any funds that are remaining after the previously allowed fees are paid, will be returned to you upon the closing of your chapter 13 bankruptcy case.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Chirnese L. Liverpool assists clients with filing for bankruptcy in California  as well as all of Nevada.  Our office represents clients with:  bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, and chapter 13 bankruptcy representation. We can be reached at (818) 714-2200.

Maxwell Law Firm PLLC represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-461-1883.  Save an additional 25% off the fees -by scheduling your appointment online.

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By North Carolina Bankruptcy Attorneys

I always ask clients what their marital status is and whether they have joint debts with their spouse says Charlotte Bankruptcy Attorney Victorianne C. Maxwell of Maxwell Law Firm, PLLC.

FILING BANKRUPTCY WHEN YOU ARE SEPARATED

If you are separated you are still legally married and have to disclose this on your bankruptcy petition. What does this mean? You must list that you are married and that your spouse lives in a different household.

DO I HAVE TO FILE WITH MY SPOUSE?

No you do not have to file with your spouse. You can file bankruptcy individually even if you are still living together. The difference in filing married individually vs. married and separated is that you will not need to include your spouse income on the later filin status. However, if you wish to elect to file together both of your incomes must be included on the bankruptcy petition even if you are separated.

WHAT HAPPENS TO JOINT DEBTS WHEN I FILE AND MY ESTRANGED SPOUSE DOES NOT

Depends on the Chapter of Bankruptcy you file. If you file a chapter 7 bankruptcy, then you will receive a discharge on unsecure debts and those you have chosen not to affirm. What this means is that your spouse will remain liable and you will be discharged of liability. Filing a chapter 13 bankruptcy is a little more tricky. Since a payment plan is set up in a Chapter 13 case, the creditor must accept the payment provided by one spouse for that debt if their debt is secured and modified by the plan. But if the debt is unsecured the creditor can seek full or partial payment from the other spouse.

WHAT YOU SHOULD DO IF YOU ARE CONSIDERING BANKRUPTCY

Divorce itself can be quite a long and arduous process. Many times a lot of divorce squabbles stem from property and debt. Consulting with a qualified bankruptcy attorney can save you time and effort on fighting over who should pay for what. In the end creditor does not discriminate and can go after on or both of you for those debts. In some instances it may be beneficial to file jointly in others it may not be, but you will not know unless you consult with a Bankruptcy Attorney.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, Tax Services and loan modifications. You may schedule your appointment by calling 704-780-1100 or save 25% off the fees and schedule online at http://maxwelllegal.com/consultations. The Law Offices of Chirnese L. Liverpool assists debtors in Nevada and Los Angeles file for bankruptcy.

Disclaimer: This post is for information purposes. Nothing in this post should be construed to be providing legal/tax advice and or creating an Attorney-client relationship.

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