FAQs

Frequently Asked Questions

When it comes to legal matters like filing for Chapter 7 or Chapter 13 bankruptcy, getting an uncontested divorce, creating separation agreements, or creating a will, you may have a lot of questions. We are happy to help answer a variety of legal questions. Take a look at some frequently asked legal concerns.

Is there a certain amount of debt needed to qualify for bankruptcy?

There is no minimum amount of debt needed to qualify for bankruptcy, but there are maximum limits in place depending on what type of bankruptcy you are going to file. However, if you have a low amount of debt, it might be better to seek alternate options.

Do I have to be a certain age to file for bankruptcy?

There is no age limit, but in most states, you need to be at least 18 years old.

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy is one way to clear away many debts. Individuals and businesses can file and debt is generally wiped out within several months. Nonexempt assets, if any, will be sold off and used to pay the debts.

What is Chapter 13 bankruptcy?

Chapter 13 is a way for individuals to repay all or part of their debts over three to five years. This option saves individuals from losing their homes to foreclosure or their cars to repossession.

Can medical bills be wiped out while filing for bankruptcy?

Yes, they can be discharged through bankruptcy.

Can student loans be wiped out while filing for bankruptcy?

Student loans are generally non-dischargeable unless you can prove to the court that repaying them is going to cause hardship.

What is the purpose of creating a will?

A will is a legally binding document that designates the recipients of a person's property after they die. It may also contain the names of the guardian(s) that is to care for minor children.

When is the right time to create a will?

There’s no "right time" to complete a will, but you should be prepared for the unexpected.

Can I revise my will?

A will attorney can help you revise your will when there are changes that need to be made especially when getting a new house, getting divorced, or other significant life event takes place.

What is a separation agreement?

A separation agreement is a written contract made between married couples who want to separate from each other. The agreement provides specific details of how the spouses agree to separate.

Why should you get a separation agreement?

A separation agreement can help resolve common issues between spouses when it comes to dividing up the property and establishing custody or visitation. The agreement is made instead of having to go to court, allowing you and your spouse to avoid costly litigation fees.

What is addressed in a separation agreement?

Spousal support, child support, child custody, debts, and property division are some of the items that may be addressed in a separation agreement.

When can I file for an uncontested divorce?

A person in North Carolina is allowed to file for an uncontested divorce once they have lived separate and apart from their spouse continuously for at least one year. You do not have to have a separation agreement to be considered “legally separated”