Elkins & Elkins, lawyers in Hendersonville, NC, North Carolina

Alimony and Support Claims

Filing for bankruptcy does not suspend or stop the obligation to pay child support or alimony. Whether an obligation imposed by a divorce decree is dischargeable depends on whether it is characterized as support or as a property settlement. In many instances, obligations for property settlement can be discharged in bankruptcy, while obligations for child support and alimony cannot be discharged in bankruptcy. Bankruptcy law, not state law, determines whether an obligation is a support obligation or a property settlement obligation.More...

Chapter 12 Plans

A debtor is required to file a Chapter 12 plan within 90 days of the petition date, unless an extension is granted by the court. Once the plan is filed, the court is required to hold a hearing on confirmation within 45 days. However, in practice, the date for filing a plan is often extended. Plans range from three to five years. Creditors are to have at least 20 days notice prior to the confirmation hearing. A unique feature of the Chapter 12 plan is that plan payments are often due seasonally as the debtor receives income, such as after the harvesting of crops. More...

Turnover to the Trustee

The Bankruptcy Code requires an entity in possession, custody, or control of property of the estate, including exempt property, to deliver that property to the trustee, unless the property is of inconsequential value to the estate. More...

Dischargeability of Debt

Discharging a debt in bankruptcy means that the debt is eliminated or wiped out. However, not all types of debts can be discharged in a bankruptcy proceeding. More...

Notices in Bankruptcy

Creditors, equity security holders, the United States, and the United States Trustee in a bankruptcy case are entitled to receive various notices.More...