Who can file bankruptcy in North Carolina?

Talk to a Local Bankruptcy Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

Who can file bankruptcy in North Carolina?

Answer:

To file bankruptcy in North Carolina:

  • You must meet residency requirements. This usually means you must have lived there for at least 180 days in order to be eligible for filing, although there may be some exceptions
  • You must also not have filed bankruptcy in the past 4 years (for chapter 13) or 8 years (for chapter 7)

Provided you meet these requirements, you should be able to file either a chapter 7 or a chapter 13. 

  • To be eligible for a chapter 7, you must make below the North Carolina median income. If your income exceeds the median at the time of filing in North Carolina, you may also opt to take a means test to determine your eligibility. This test will review your income and determine how much disposable cash you have left over after paying required payments. If your disposable income isn't enough to make debt payments, then you can be considered eligible for a chapter 7 even if your income exceeds the North Carolina median
  • If your income exceeds the median and you do not pass the chapter 7 means test, then you must file a chapter 13 if you hope to file bankruptcy. Most people are eligible for a chapter 13, provided you haven't violated some type of bankruptcy law and you haven't filed bankruptcy too recently. 

To get help determining your eligibility and deciding which chapter of bankruptcy is right for you, you should strongly consider speaking with a North Carolina bankruptcy lawyer for help. 

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

LA-WS5:0.9.22.120430.13848