Richard D. Sparkman & Associates, P.A.

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(919) 639-6181Call Visit WebsiteVisit Website Map & DirectionsDirections32 W Williams StAngier, NC 27501 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

Places Near Angier with Attorneys

Kipling (8 miles)
Willow Spring (9 miles)
Fuquay Varina (9 miles)
Buies Creek (11 miles)
Coats (13 miles)

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Phone: (919) 639-4181

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Sparkman Richard D & Associates Pa

Sparkman Richard D & Associates PA Atty

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http://www.trianglebankruptcy.com

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Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Domestic Violence Attorneys, Family Law Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Social Security & Disability Law Attorneys, Wrongful Death Attorneys

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Phone: (919) 639-6181

Address: 32 W Williams St, Angier, NC 27501

Website: http://www.trianglebankruptcy.com

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Richard D. Sparkman & Associates, P.A.

Child Support
Priority claims: Certain debts, such as unpaid wages, spousal or child support, and taxes are elevated in the payment hierarchy under the Code. Priority claims must be paid in full before general unsecured claims are paid. Priorities listed.
Spousal Support
Alimony and child support are now given first priority for any distribution made in a Chapter 7 case. Discharge of the debtor will be conditioned on the debtor being current on all support obligations. Chapter 7 trustees are required to notify all appropriate state agencies and support recipients that the debtor has filed a bankruptcy petition.

DUI/DWI
A. Generally, unless you have recently abused a credit card, or lied on a financial statement, your unsecured debts such as credit cards, unsecured loans, overdraft protection, guarantee of debt, and deficiencies on repossessed or foreclosed property will be dischargeable in a bankruptcy proceeding. (Medical bills would also be dischargeable; however, medical bills are deemed to be "joint liabilities" with a spouse. Therefore, if only one spouse files bankruptcy, the non-debtor spouse would still be liable for medical bills incurred during the marriage.) There are certain exceptions including domestic obligations (alimony, child support and property settlement); certain debts contained in a property settlement if pursuant to valid separation agreement or court order; debts arising from intentional infliction of personal injury; debts arising from drunk driving; educational loans; or debts obtained by false pretenses, fraud, or false written financial statement. Also discharged would be your personal liability on non-reaffirmed secured debt such as houses or cars, where you have surrendered the property and are exposed to a potential personal liability for the deficiency.
Wrongful Death
8. All personal injury, recovery, and entitlement (except medical bills incurred as a result of the personal injury); private disability payments or annuities or wrongful death proceeds are exempt.
Fraud
Embezzlement
Restraining Order
Generally, a restraining order will be in effect in a Chapter 7 for the 90 days in which your case is active. Once you obtain your discharge, the unsecured debt is wiped out and those creditors are permanently enjoined from contacting you for repayment. However, in Chapter 13, secured creditors on houses, cars, furniture, etc. for property that you are keeping can commence contact with you should you default in future payments; fail to pay taxes; or fail to maintain insurance. If you are keeping certain property such as houses and cars, it is important to realize that many creditors will stop sending monthly payment reminders (because they are afraid of violating the bankruptcy court's restraining order). Therefore, you must discipline yourself to make regular and timely monthly payments to these creditors without being prompted to do so. Do whatever works: make a Xerox of a previous monthly statement and send a copy with future payments or put a payment reminder on your refrigerator, or regular prompters on your calendar or computer. Additionally, if you are surrendering property in a bankruptcy case or are behind in payments at the time the bankruptcy is filed, creditors can hire lawyers to file "motions to lift stay" and seek immediate repossession and sale of their property prior to entry of your discharge.

Personal Injury
Damages or restitution resulting from a civil action or judgment arising out of willful or malicious injury causing personal injury or death
Social Security Disability
Finally, it has been my experience that a bankruptcy discharge will be a mere "speed bump" on your credit report if you have secured debt that you are paying in a regular fashion after bankruptcy. Many of my clients keep their homes and cars after bankruptcy and continue to make timely and regular payments on that mortgage debt. In doing so, they quickly re-establish their credit as those timely payments appear on their credit report. It is my experience that stable, future income will be the key to future credit. If you come into my office to file a bankruptcy and your only source of income is $400 a month Social Security Disability, your inability to get future credit will not be the fault of the bankruptcy discharge; rather, it will be your lack of income and failure to demonstrate ability to pay debt in the future.

Bankruptcy
We are a full-service bankruptcy law firm with clients from the Triangle to the Coast. For over 30 years, we have represented residents of North Carolina before the United States Bankruptcy Court, and have filed hundreds of business and consumer Chapter 7 and Chapter 13 bankruptcies, and many Chapter 12 farm reorganizations.
Foreclosure
Chapter 7 is not designed to assist debtors who are about to lose houses and cars they wish to keep to foreclosure and reposession due to delinquent payments. Nor is Chapter 7 ideal for debtors with nondischargeable tax liabilities or debtors with debts co-signed with people the debtor would like to protect. These issues are usually dealt with in a Chapter 13 (discussed below).

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