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828-258-3368

CONSUMER BANKRUPTCY SERVICES


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828-258-3368

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Consumer Bankruptcy Law

The firm’s practice of bankruptcy law includes the following areas:

  • Consumer Bankruptcy (Chapter 7 and Chapter 13);
  • Creditors Bankruptcy (representing creditors interests in Bankruptcy Court);
  • Asset protection planning in situations of financial distress.

David Hillier is a North Carolina Legal Specialist in Bankruptcy Law. He has been a consumer bankruptcy attorney for more than 30 years. He and his staff understand the practical and emotional impact that financial distress can cause. Dave is prepared to educate you about your options and how the law applies to your individual circumstance. While Dave believes that understanding is a large part of alleviating the stress that bankruptcy can cause, he discourages clients from reading too much on the internet or participating in deep research. It has been a growing concern that much of what is available on the internet is out of date, incorrect or inapplicable, and clients worry themselves over information that may not apply to their individual circumstances. To help with this, we have created some common sense documentation in the bankruptcy section of this website. We encourage you to use it, but want to assure you that we will make every endeavor to see that you completely understand where you are, what a healthy financial perspective can create and how to navigate the space between those two points. Your plan will be tailored to your specific circumstances without the additional stress of random bankruptcy rules clouding your thoughts and financial goals.

Dave approaches a person's financial situation in much the same way a doctor might conduct a physical examination. The more information you are able to provide about your situation, the better the diagnosis and more sound the course of treatment. We have created an online questionnaire that will help you organize your financial thoughts, and help us create a history upon which your financial position can be restructured. Even with the increase in consumer bankruptcy filings in the past few years, a percentage of Dave's practice is centered on what he calls "financial distress". Dave can suggest strategies and assist individuals and businesses in connection with their financial situation outside of bankruptcy. No matter your needs, your one-hour initial consultation is cost and risk-free.

Bankruptcy Evaluation: Save time using our online questionnaire.

We've created an online questionnaire for your convenience. It will help you be organized and help us together determine if bankruptcy is appropriate for your particular circumstances. Click the Online Bankruptcy Evaluation button to get started.

New US Bankruptcy Rules: They Effect YOU!

Find out more about bankruptcy with the Court's Bankruptcy Information Sheet. This document is intended to help explain some of the elements of bankruptcy.

Read: Bankruptcy Rules: How they affect you.

Mr. Hillier served as a Chapter 7 Panel Trustee for the United States Bankruptcy Court for the Western District of North Carolina from the late 1970s, until recently, a period in excess of thirty years. His duties as the Chapter 7 Trustee included reviewing petitions and liquidating assets for the benefit of creditors. Acting as Chapter 7 Panel Trustee was an honor and a position of some prestige. Dave was the presiding officer at initial hearings in Chapter 7 Bankruptcy cases.

Referring Your Clients to a Certified Specialist in Bankruptcy Law

To find out more about our firm and about how we partner with community lawyers to arrive at the best solution for their valued clients, give us a call at 828-258-3368.

Bankruptcy Articles

BANKRUPTCY & DEBT RELIEF

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Image of Mr. Hillier behind his desk with his hands folded. On his desk in front of him is a folder labeled bankruptcy.

Consumer Bankruptcy Law

The firm’s practice of bankruptcy law includes the following areas:

  • Consumer Bankruptcy (Chapter 7 and Chapter 13);
  • Creditors Bankruptcy (representing creditors interests in Bankruptcy Court);
  • Asset protection planning in situations of financial distress.

David Hillier is a North Carolina Legal Specialist in Bankruptcy Law. He has been a consumer bankruptcy attorney for more than 30 years. He and his staff understand the practical and emotional impact that financial distress can cause. Dave is prepared to educate you about your options and how the law applies to your individual circumstance. While Dave believes that understanding is a large part of alleviating the stress that bankruptcy can cause, he discourages clients from reading too much on the internet or participating in deep research. It has been a growing concern that much of what is available on the internet is out of date, incorrect or inapplicable, and clients worry themselves over information that may not apply to their individual circumstances. To help with this, we have created some common sense documentation in the bankruptcy section of this website. We encourage you to use it, but want to assure you that we will make every endeavor to see that you completely understand where you are, what a healthy financial perspective can create and how to navigate the space between those two points. Your plan will be tailored to your specific circumstances without the additional stress of random bankruptcy rules clouding your thoughts and financial goals.

Dave approaches a person's financial situation in much the same way a doctor might conduct a physical examination. The more information you are able to provide about your situation, the better the diagnosis and more sound the course of treatment. We have created an online questionnaire that will help you organize your financial thoughts, and help us create a history upon which your financial position can be restructured. Even with the increase in consumer bankruptcy filings in the past few years, a percentage of Dave's practice is centered on what he calls "financial distress". Dave can suggest strategies and assist individuals and businesses in connection with their financial situation outside of bankruptcy. No matter your needs, your one-hour initial consultation is cost and risk-free.

Bankruptcy Evaluation: Save time using our online questionnaire.

We've created an online questionnaire for your convenience. It will help you be organized and help us together determine if bankruptcy is appropriate for your particular circumstances. Click the Online Bankruptcy Evaluation button to get started.

New US Bankruptcy Rules: They Effect YOU!

Find out more about bankruptcy with the Court's Bankruptcy Information Sheet. This document is intended to help explain some of the elements of bankruptcy.

Read: Bankruptcy Rules: How they affect you.

Mr. Hillier served as a Chapter 7 Panel Trustee for the United States Bankruptcy Court for the Western District of North Carolina from the late 1970s, until recently, a period in excess of thirty years. His duties as the Chapter 7 Trustee included reviewing petitions and liquidating assets for the benefit of creditors. Acting as Chapter 7 Panel Trustee was an honor and a position of some prestige. Dave was the presiding officer at initial hearings in Chapter 7 Bankruptcy cases.

Referring Your Clients to a Certified Specialist in Bankruptcy Law

To find out more about our firm and about how we partner with community lawyers to arrive at the best solution for their valued clients, give us a call at 828-258-3368.

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Bankruptcy Specialist

BANKRUPTCY SERVICES

Bankruptcy Articles

Common Questions & Concerns

Most people share the same fears, questions and beliefs about bankruptcy. The following are some of the most common of these fears, questions and beliefs. Be sure to check out our Common Myths page and blog section for further information about bankruptcy misconceptions.

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What is Bankruptcy?

Bankruptcy is a federal legal process whereby the United States Courts forgive consumer and corporate debt in exchange for forthright and complete disclosure of your financial profile and distress. All successful bankruptcy outcomes are predicated on honest assessment and evaluation. We've created our online Bankruptcy Questionnaire to help you organize your thoughts and information, and to allow us evaluate your financial image and prepare for your consultation.

<a href="https://ghma.law/what-is-bankruptcy/" title="What is Bankruptcy?">... read more >>></a>

Is Bankruptcy Right for Me?

We understand that your sense of pride, or guilt, may prevent you from considering bankruptcy. These emotions may prevent you from contacting a lawyer to discuss the options to help lift you out of financial desperation. Nearly 2 million people filed bankruptcy in 2010, the highest number in recorded history.

<a href="https://ghma.law/is-bankruptcy-right-for-me/" title="Is Bankruptcy Right for Me?">... read more >>></a>

What Bankruptcy Should I File?

The type of bankruptcy filing that is correct for you is not a decision to be taken lightly. Many elements of the bankruptcy process are unchangeable once decided, and qualified legal advice following a thorough financial assessment is decidedly the best path to follow. With that said, the three main types of bankruptcy are briefly outlined here. A video describing elements of different types of bankruptcy produced by the US Court System is provided <a href="https://ghma.law/bankruptcy-basics-part-i-introduction/" title="Video - Types of bankruptcy">here</a> for your review as well.

<a href="https://ghma.law/what-type-of-bankruptcy-should-i-file/" title="What Type of Bankruptcy Should I File?">... read more >>></a>

How Does Filing Effect My Credit?

A negative effect on your credit score should not be the sole factor in a decision to file bankruptcy. Many times, people wait too long to declare bankruptcy in fear of damaging their credit report. You might be surprised to know that declaring bankruptcy can be a very positive start towards repairing your credit rating. Most people in serious, embedded financial crisis have credit scores that reflect that situation. Experian spokesman, Rod Griffin says, "In virtually every instance, the consumer will already have repayment problems such as late payments, very high balances, charged-off accounts or collection accounts".

<a href="https://ghma.law/how-does-bankruptcy-effect-my-credit-score/" title="How Does Bankruptcy Effect My Credit Score?">... read more >>></a>

How Does Bankruptcy Work?

In very simple terms, filing bankruptcy stops foreclosure actions and other creditor collection activities through the court's issuance of what is known as an "automatic stay". Ultimately, the Bankruptcy Court will issue an order which eliminates or otherwise adjusts responsibility to pay certain debts accumulated by an individual or business.

What Exemptions Are Available?

North Carolina recently expanded it's statutory consumer bankruptcy exemptions to include $35,000 of homestead equity, $3,500 exemption toward the value of a motor vehicle, $5,000 exemption toward the value of personal household items, and a $5,000 exemption towards other property commonly considered a "wildcard". Typically, filing bankruptcy jointly for families doubles these deduction limits. There are a number of strategies available to maximize these exemptions. Dave Hillier can help ensure you receive the maximum exemptions available to you in the bankruptcy process.

How Do I Pay My Attorney Fee?

When it comes right down to it, the primary role of a bankruptcy attorney is to create a strategic plan that ensures a brighter financial position for you at the end of the process than the one you were experiencing at the beginning. We will be clear, and ensure you understand filing costs and attorneys fees, and only recommend bankruptcy if a measurable benefit can be acquired. Tax refunds, family funds, or, more often than not, money you have been using to pay creditors, are possible sources of your attorney fee. Dave offers a number of payment plans.

Bankruptcy Credit Counseling

In 2005, the US Congress undertook bankruptcy reformation, and established the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The law requires credit counseling from an approved credit counseling agency as a prerequisite to filing bankruptcy. Dave will help educate you about these new counseling requirements, and help you understand how this counseling can be an important step in achieving financial health and well being.