Downtown Office:
114 N. Elm St., Suite 205
Greensboro, NC 27401
(336)
379-0079
High
Point Road Office (Four Seasons Mall area near I-40):
2302
W Meadowview Rd
Suite
124
Greensboro,
NC 27407
(336)
379-0079
jhboddie@gmail.com
"Helping You With
Your Debt Problems is What We Do!"
John
Boddie has helped people file bankruptcy in Greensboro and central North Carolina for more than 20 years. For advice
about your specific situation, please call us at 379-0079 in Greensboro. And keep reading below for answers
to frequently asked questions. Bankruptcy law has changed recently, but many people who face debt problems
find that bankruptcy is still their best option.
What is bankruptcy?
How can bankruptcy help me?
Is there more than one type of bankruptcy?
What is Chapter 13 Bankruptcy?
What is Chapter 7 Bankruptcy?
What can I do other than file bankruptcy?
Is there life after bankruptcy?
Does my husband or wife have to file bankruptcy too?
What does it cost to file bankruptcy?
Has bankruptcy law changed recently?
How can I find out if bankruptcy can help me?
Where is your office located?
What is bankruptcy?
Bankruptcy is a set of laws designed to help individuals and companies protect their property and satisfy their
debts to the best of their ability. Bankruptcy law attempts to be fair to both the debtor (the person who owes) and the creditors
(the people or companies who are owed).
How can bankruptcy help me?
Bankruptcy can stop most of the legal proceedings against you and your property immediately. It can end the phone
calls and harassment from your creditors. It can stop garnishment and seizure of your assets from most sources. It can allow
you to get back on your feet and reorganize your financial situation by giving you extra time to pay back some bills, and
ending or reducing the amount you have to pay back for other bills.
Is there more than one type of bankruptcy?
Yes. There are several forms of bankruptcy.
Most commonly helpful to individuals are Chapter 7 and Chapter 13. Both provide immediate protection for your property and
from creditors. The individual advantages and disadvantages of each type can be best dealt with in a consultation with a bankruptcy
lawyer.
What is Chapter 13 Bankruptcy?
Chapter 13 is a bankruptcy plan designed to reorganize your personal finances. In Chapter 13 the court sets up a
monthly payment to pay back virtually all of your creditors a portion of the amount you owe them. The amount you pay back
is determined by several things, including the amount you can afford to pay each month, the value of property you own, and
the amount of debt that you have. You must have a regular source of income. Chapter 13 payment plans can last from three to
five years, and you must keep making these payments the entire time even if you lose your job or your income is reduced. Because
it is difficult to complete a Chapter 13 bankruptcy, Chapter 7 bankruptcy is often a better solution for people
in financial distress. However, Chapter 13 may be desirable if you have a regular guaranteed income and may be
required if your income is high enough. Homeowners who are facing foreclosure often use Chapter 13 as a way to
save their home.
What is Chapter 7 Bankruptcy?
A Chapter 7 bankruptcy is designed to help an individual get out from under bills they simply can't afford to pay,
and provide a fresh start. Your obligation to pay these debts ends; there are no monthly payments to the Court. Most individuals
filing Chapter 7 are allowed to keep all of their property. Property given as collateral to lenders often requires continuation
of the monthly payments. So in order to keep a house or car, you must keep making the mortgage and car
payments. In North Carolina household goods can usually be kept even though they were pledged as collateral.
Chapter 7 stays on your credit report for 10 years from the day it is filed.
What can I do other than file bankruptcy?
You can contact
Consumer Credit Counseling, a public debt counseling service. They can be reached at 373-8882 in Greensboro. They can set
up a program to pay back almost everything to your unsecured creditors. Please note, however, that while you are in a debt
repayment program, your credit report will show that you are in credit counseling, and you will probably find it difficult
to get credit until all of your debts are paid in full. Debt management programs stay on your credit report for seven
years after your final payment.
You can
also deal with your creditors directly. Propose a payment plan that you can afford. If they refuse to work with you, or if
you think that your creditors took advantage of you in some way, give us a call at 379-0079 in Greensboro. Call us
immediately if anyone sues you or if you just want to discuss all of your options.
Is there life after bankruptcy?
While no one should file bankruptcy expecting to have good credit afterward, The Wall Street Journal says that many
individuals obtain credit shortly after completing their bankruptcy proceeding. In fact, the Consumer Reports Money Book says
that only one-third of the people they interviewed found credit harder to get after their bankruptcy than before. Since
the late 1990's most lenders use credit scores from companies such as Fair Isaac & Co. in deciding whether to give someone
credit. We have found that our clients' credit scores improve dramatically two years after their bankruptcy discharge
(for Chapter 7, usually four or five months after the bankruptcy is filed). For this reason, most people find that they
can finance a car at a reasonable interest rate about two and 1/2 years after filing Chapter 7 bankruptcy (financing a car
immediately after the discharge means a high interest rate). Until the 2008 financial crisis most people could get a
home mortgage two years after their bankruptcy discharge; today it usually takes three years.
Does my husband or wife have to file
bankruptcy too?
Any individual can file bankruptcy without their spouse filing with them. However,
any debt owed by both husband and wife will remain in full against the one who did not file. A husband and wife can file together
even if they are separated, but only if they are not divorced.
What does it cost to file bankruptcy?
For a Chapter 13 bankruptcy, you must pay court costs of $281.00. In our office we usually ask our clients
to deposit $750 (including the court filing fee and other required fees) before we will file a Chapter 13 bankruptcy.
The remainder of our fee is paid out of what you pay each month during your Chapter 13 plan. Bankruptcy attorneys get
a standard fee in Chapter 13 that is set by the Bankruptcy Court. The standard fee was increased by court order for
cases filed in the Middle District of North Carolina after January 1, 2012.
For a Chapter 7 bankruptcy the filing fee is $306. Our normal fee is $1150.00 for Chapter 7 bankruptcies.
Your first consultation in our office is free, and we will tell you then exactly what your total fee will be.
Has bankruptcy law changed recently?
The U.S. Congress passed a new bankruptcy
law on April 14, 2005, which took effect October 17, 2005. The law passed after intensive lobbying by the credit card
industry, and it was intended to make it harder for consumers to file bankruptcy. However, it turns out that the new
law is not as harsh as many had feared.
Meanwhile,
on January 1, 2006, a new North Carolina law took effect that allows people who file bankruptcy to keep their assets in most
cases. In 2009 state law changed again to raise the home value that can be kept in bankruptcy. Because of these new
"exemptions" set by state law, some people who would not have benefited from bankruptcy before 2006 now find that
bankruptcy is their best option.
How can I find out if bankruptcy can
help me?
If you want a consultation with a bankruptcy attorney, call us at 379-0079. We are
a private law firm with emphasis on representing individuals and small companies who need debt relief. At your first consultation
your bankruptcy lawyer will discuss all of your options, including bankruptcy. If bankruptcy is the right option for
you, we will help you obtain bankruptcy relief by filing for protection under the United States Bankruptcy Code.
After hours, feel free to leave a voice-mail
message at 379-0079 and we will return your call. Or email us at jhboddie@gmail.com.
Where is your office located?
Our office is in the Morehead Building on Meadowview Rd in Greensboro between High Point Road and Holden Road.
Take the High Point Rd exit on Interstate
40, turn north (the opposite direction from the Four Seasons mall). Meadowview Rd is the first left, and the Morehead
Building is the second building on the right after the light at Centerview.
Because of our location near I-40 we are conveniently located for our clients in surrounding counties and cities,
including Rockingham County, Reidsville, Eden and Madison; Randolph County, Asheboro, Randleman and Liberty; Alamance County,
Graham, Mebane and Burlington; Guilford County, High Point, Kernersville, Summerfield, Jamestown and Brown Summit.
Mr. Boddie is one of the bankruptcy lawyers in Greensboro who has represented Chapter 7 and Chapter 13 debtors in all of these
counties for more than 20 years.