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Bankruptcy Questions Answered
National Association of Consumer AdvocatesNorth Carolina Advocates for JusticeNorth Carolina Bar Association
Workers CompensationWhether you are looking for an attorney for Bankruptcy, Creditor Harassment, Student Debt Relief, Traffic Violations, Personal Injury, Social Security Benefits or Workers Compensation cases, contact the firm of Collum & Perry Law in Mooresville, NC for a consultation today.
Property DamageI was involved in an accident, and all I wanted was a replacement vehicle. They quickly got me a property damage settlement that I felt was completely fair and reasonable. They went far and beyond my wildest expectations, all while keeping me informed and posted on all of the matters at hand. I would definitely recommend their offices and all of the staff that works there to my friends and family, and anyone else for that matter. - B.M.
Hit and Run
DUI/DWI11 U.S.C. §523 lists a number of “exceptions” to discharge, and include recent income taxes, domestic support obligations and drunk driving judgments. Some debts are dischargeable unless a creditor files a lawsuit within the bankruptcy (called an Adversary Proceeding) and proves that the debtor owes money because of his bad behavior, such as debts incurred by fraud, misrepresentation, breach of fiduciary duty, theft or willful and malicious injury.
Traffic ViolationsA traffic ticket can seem like a minor thing but a conviction for moving traffic violations can have major consequences to your driving record, your insurance rates and to your ability to drive. A moving violation on your driving record can result in an increase in the amount you pay for your car insurance. For some violations, the State will suspend your license and you will have to pay to have it reinstated after serving your suspension.
BankruptcyCollum & Perry Law, PLLC was formed in 2011 in Mooresville, NC to fill a void in the community for a law firm dedicated to serving the needs of individuals and consumers being taken advantage of by large insurance companies, banks and other creditors. Travis E. Collum’s experience litigating claims of injured people and M. Shane Perry’s bankruptcy litigation experience mesh together to form an aggressive and effective legal team dedicated to helping ordinary people through the trials and tribulations of life in our current economic climate.
ForeclosureSometimes. And we will sometimes delay a bankruptcy sale to accommodate a short sale. On the plus side, the transfer of the property is complete and the issue is finalized with a short sale. However, if there is still money owed because the short-sale or foreclosure did not pay off the mortgage on the home, the debtor may have to pay taxes on any amount that the bank forgives. Forgiven debt is counted as income by the IRS unless it is forgiven in bankruptcy. For example: say a person has a house and he has moved from it and no longer lives there, so it is not his primary residence. He works out a short sale with the bank and after the sale he still owes $50,000 because the house sold for $50,000 less than was owed. When the bank forgives that difference (called a deficiency), they will send him a 1099 and he will owe tax on $50,000 as if he had earned it. For most people that will put them in a new tax bracket. Even if he only pays 25% income tax, he will then owe more than $15,000 in taxes that are non-dischargeable. But if he had paid a bankruptcy attorney and surrendered the house in bankruptcy, he would owe no money in taxes. People outsmart themselves all the time.
Debt CollectionThe Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassing and abusive activities by Debt Collectors trying to collect a debt. North Carolina has similar statutes that offer additional protection against this activity.
Child SupportAll kinds with a few exceptions. You cannot discharge tax debt unless it was due more than three years before filing the bankruptcy. There are a few more qualifications, but that is the most important. You cannot discharge child support debts, but you can catch up missed payments in a plan. You cannot discharge student loans because Congress is in the pocket of the banking industry and people keep voting in the same members of Congress. Basically anything else is dis-chargeable unless the debtor committed fraud while incurring the debt.
Personal InjuryUnfortunately, injury caused by others can happen every day. A person injured by the negligence of another is entitled to compensation for medical expenses, lost wages, and for the physical pain and mental suffering brought on by the injury. Our firm has nearly 30 years of experience handling all types of personal injury claims. We can answer your questions and assist you with receiving fair compensation from automobile accidents, products liability and other claims resulting from the negligence of others.
Social Security DisabilitySocial Security Disability benefits are available to those people unable to work due to a severe medical or psychological condition or a combination of conditions.
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