The bankruptcy laws provide an opportunity for a fresh start to those individuals whose financial difficulties have left them unable to pay their bills and have put them at risk of losing their house, cars, or other property. Obtaining a discharge of your pre-bankruptcy debt is at the core of that fresh start. A good bankruptcy lawyer can help you keep your property and obtain a discharge.

Why You Need a Good Bankruptcy Lawyer

Bankruptcy is a complex area of the law, and requires the services of an attorney experienced and specialized in bankruptcy law to provide you with an in-depth analysis of your situation and to give you legal advice and representation you can trust to protect your assets and discharge your debts. An inaccurate or sloppy bankruptcy filing can result in the loss of your property or discharge, and can come back to haunt you years after you filed. Even more dangerous to you than hiring an inexperienced lawyer, paralegals and other bankruptcy preparation services are strictly prohibited from practicing law and, therefore, cannot represent you in court or give you the necessary legal advice or ask the appropriate questions to make sure your rights are protected.

We Provide Personal, Supportive, and Expert Representation

We provide complete representation to individuals who are buried under a burden of debt and are looking for a way to start over. We offer valuable advice, counseling, and representation in chapters 7 and 13, and thoroughly explain the benefits and disadvantages of filing bankruptcy with a full review and comparision of other options. We will give you all the information you need to make the best decision for you and your family. Our attorneys help you obtain a that fresh start and will assist and guide you through filing a chapter 7 or 13 case, if bankruptcy is in your best interest.

Chapter 7 Bankruptcy - click this link for more detailed information on Chapter 7

Under a Chapter 7 bankruptcy, the debtor is allowed to exempt certain property from liquidation by the trustee. The property which you may be allowed to exempt includes your residence, household furniture and furnishings, jewelry, clothing, automobiles, tools of your trade, pensions, and insurance policies. A typical Chapter 7 case lasts only a few months. In most cases the debtor is discharged from legal liability for all of his debts, receives a fresh start, and keeps all of his property.

However, a discharge may be denied for improper activity, including:

• Transferring property prior to bankruptcy to defraud creditors
• Failing to list assets or debts
• Destroying financial records
• Failing to explain loss of assets
• Failing to obey court orders
• Failing to turn over records to the bankruptcy trustee

In addition, certain debts may not be wiped out by the filing of bankruptcy, including:

• Some types of tax obligations
• Alimony, child support, and some other domestic related debts
• Most educational loans
• Criminal fines, penalties, and restitution debts
• Debts which are reaffirmed.

Chapter 13 Bankruptcy - Click this link for more detailed information on Chapter 13

Chapter 13 bankruptcy is an individual debt adjustment procedure and reorganization. A Chapter 13 plan is proposed by the debtor that provides for repayment of a portion of the debtor's debts over a 3-5 year period from future earnings. A trustee is appointed to receive payments from the debtor and disburse them to creditors. Chapter 13 reorganizations can be used to stop foreclosures and repossessions and catch up on house or car payments, restructure and discharge tax debt, and allow a debtor to keep valuable property. In addition, Chapter 13 offers a much broader discharge than Chapter 7, and the debtor generally remains in possession of all of his property.

Please see our Consumer Links for additional valuable information to protect your rights.

If your debt is out of control and you find yourself unable to make payments, contact the experienced attorneys at Butler & Butler, L.L.P. for assistance. We offer a free initial consultation for most consumer and personal bankruptcy matters.

Butler & Butler, L.L.P.
111 North Fifth Avenue
 Wilmington, NC 28401
Phone: (910) 762-1908
Fax: (910) 762-9441

Serving Wilmington NC, Burgaw, Wrightsville Beach, Topsail, Carolina Beach, Southport, Shallotte, Calabash, Oak Island, Pleasure Island, New Hanover County, Pender County, Brunswick, Duplin County, Onslow County, Sampson County, Bladen County, and Columbus County.