Raleigh & New Bern, North Carolina919-375-8040

Consumer Bankruptcy

Filing for bankruptcy can be a difficult decision, but it can also be the first step toward a fresh start. Our attorneys help individuals and families file Chapter 7 and Chapter 13 bankruptcy and regain control of their finances.

Chapter 7 or Chapter 13: choosing the right path

Chapter 7 is designed to provide immediate relief from creditor calls, lawsuits, and wage garnishments (except for child support). Most debts that you do not reaffirm are discharged, usually about 90 days after your case is filed.

Chapter 13 lets individuals with regular income create a court-approved payment plan based on monthly payments they can afford. It can help you keep your house and car, catch up on past-due mortgage or car payments, and stop foreclosures and repossessions.

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Constant creditor calls and collection letters

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A lawsuit or wage garnishment

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Falling behind on a mortgage or car payment

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Credit card, medical, or personal loan debt you can no longer pay

What to expect when you work with us

Our first step is to listen. We discuss your situation, answer your questions, and explain your legal rights and options so you can decide on the best course of action.

Once you decide to move forward, we guide you through the process step by step, make sure all the required forms are completed accurately, and keep you informed as your case moves forward.

Who we represent

01

Individuals

People with credit card, medical, or personal loan debt who are dealing with collection calls, lawsuits, or wage garnishment.

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Families

Households that are behind on a mortgage or car payment and want to keep their home and vehicles.

Areas of consumer bankruptcy practice

Not sure which service fits your situation? Contact us and we will help you sort it out.

Request A Consultation
01

Chapter 7 and Chapter 13 filings

We routinely handle both Chapter 7 and Chapter 13 cases, from the first consultation through discharge.

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Foreclosure

Filing can stop a foreclosure, and Chapter 13 lets you catch up on past-due mortgage payments over time.

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Mortgage servicing disputes

Disputes with a mortgage servicer over payments, fees, or the handling of your loan.

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Guaranty defense

Defense when a lender seeks to hold you personally responsible for a loan you guaranteed.

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Asset protection

Protecting your home, vehicles, and other property using the exemptions available under North Carolina law.

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Bankruptcy litigation and adversary proceedings

Representation in lawsuits filed within a bankruptcy case, such as disputes over whether a debt can be discharged.

Joseph A. “Jody” Bledsoe III, attorney at Biggs Law Firm

Meet your attorney

Former Chapter 13 Trustee, Eastern District of North Carolina.

Joseph A. “Jody” Bledsoe IIIAttorney

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Consumer BankruptcyYour First Consultation

What to bring

Bring any creditor letters, collection notices, or court papers, a list of your debts, recent pay stubs, and information about your home and vehicles. If you do not have everything, that is okay. We will let you know what else we need.

Call 919-375-8040 to schedule

Frequently asked questions

These answers are general information, not legal advice. Every situation is different, so talk with an attorney about yours.

What is the difference between Chapter 7 and Chapter 13?

Chapter 7 eliminates most unsecured debts, usually within a few months, but the trustee can sell non-exempt property to pay creditors. Chapter 13 lets people with regular income keep their property and repay some or all of their debts through a court-approved plan, typically over three to five years.

Will filing bankruptcy stop creditor calls and lawsuits?

Yes. When your case is filed, an automatic stay generally requires creditors to stop collection calls, lawsuits, and most wage garnishments. Garnishments for child support are an exception.

Are there debts bankruptcy cannot eliminate?

Yes. Certain debts, such as child support, alimony, and many tax debts, generally cannot be discharged. We will review your debts with you and explain which ones bankruptcy can address.

Behind on bills, facing creditor calls, or worried about a lawsuit?

Schedule a consultation with one of our attorneys.

Request A Consultation
Call 919-375-8040