North Carolina Bankruptcy Laws

Know more about Filing for Bankruptcy Protection in North Carolina

Before you file bankruptcy in North Carolina, learn about all of your options, and make sure you have a clear understanding of how the state’s bankruptcy laws could affect you.

That’s why we’ve provided a basic outline of the North Carolina bankruptcy laws. If you have specific questions, or want more details about the intricacies of the law, consider speaking with a local bankruptcy attorney.

You can also get a free bankruptcy case evaluation with a local attorney by completing the free form on this page. Complete it and we'll connect you with a North Carolina bankruptcy lawyer right away.

North Carolina Bankruptcy Law

The North Carolina bankruptcy code provides two paths for filing personal bankruptcy. Chapter 7 and Chapter 13 bankruptcy are very similar in that both may provide relief for multiple types of debt and both may provide broad protections against lawsuits, foreclosure and repossession.

However, you may only be well suited to take advantage of one form or the other.

Chapter 7 bankruptcy might be a good fit for people struggling with large amounts of credit card debt or medical bills, who have little income and don’t own their home.

Be aware that, in some cases, there is a liquidation sale of property involved with filing. These cases are rare, and North Carolina law protects much of your property. We’ve provided a list of Chapter 7 exemptions in North Carolina, but to get a better idea of exactly how your property could be affected, speak with a local bankruptcy attorney.

Homestead

  • Up to $35,000 of real or personal property used as a residence.

Wages

  • 60 days’ earnings if needed for family support.

Automobiles

  • One motor vehicle worth up to $3,500.

Personal Property

  • Up to $5,000 worth of any property, minus amount claimed under homestead exemption.
  • Up to $5,000 plus $1,000 of property for each of your dependents up to $4,000 worth of household furnishings, household goods, clothing, appliances, books, animals, crops or musical instruments.
  • Up to $2,000 worth of implements, professional books and trade tools.

Chapter 13 bankruptcy, on the other hand, may help people get control of their debts if they have some form of steady income.

Chapter 13 bankruptcy is designed to combine and order debts and stop collection with the help of the automatic stay. Regular payments are made to a court-appointed trustee that will go towards back debt. This repayment period may last 3-5 years, and at the end all debts should be settled.

Chapter 13 bankruptcy also offers more broad protections for homes, cars and other property than Chapter 7.

Speak with a Bankruptcy Lawyer Today

Talk to a North Carolina Bankruptcy Lawyer Today

You may still have questions regarding bankruptcy in North Carolina. It's also true that each bankruptcy case is different, and yours will have its own special needs for protection and relief.

To get more in-depth answers on how filing bankruptcy may give you a fresh start, speak with a local attorney.

To get a free case evaluation with a local bankruptcy lawyer, complete the free bankruptcy case evaluation form on this page or call, toll free, 877-349-1309. We'll connect you with a sponsoring bankruptcy attorney near you in North Carolina right away.

Note: Keep in mind all laws are complex. If you need legal advice or want to fully understand how these laws affect you, please speak with a local attorney.

Laws may have changed since our last update. For the latest information on your state's bankruptcy laws, speak to a local bankruptcy lawyer.


PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Bankruptcy is not a law firm. Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total Bankruptcy does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information contained herein is not legal advice. Any information you submit to Total Bankruptcy does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here, or call 866-200-8052.

FLORIDA ONLY: Total Bankruptcy is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total Bankruptcy is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.

By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. Attorneys and/or law firms promoted through this Web site are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.