Student Loans and Filing for Bankruptcy

The average undergraduate student takes out $36,500 to attend a public university. Masters students, on average, take out an additional $46,600 for graduate school. Doctoral candidates in a Ph.D. program average $160,000. The average student attending med school takes out an additional $203,000.

 

Student loans can seem crushing and detrimental to your financial success. It doesn’t take long for student debt to begin to add up. Is filing for bankruptcy to rid yourself of student loans the best option for you?

 

It can be challenging to discharge student loans due to bankruptcy without the right attorney. In order to wave you clean of student loans, you must be able to show that repaying the debt will “impose an undue hardship” for both you and your dependents. If you and your attorney are able to prove undue hardship, then congratulations! Your student loans will be canceled. And because you filed for bankruptcy, you’re protected from collection to pay off your debts until your bankruptcy case is resolved.

 

Here are some questions to ask yourself if you feel like repaying your student loans is causing you undue hardship:

 

  • Are you having to choose between repaying your student loans and maintaining a minimal living standard?
  • Has it been challenging for you to pay back your student loans and maintain a minimal living standard for the better part of your loan repayment period?
  • Have you made an effort to repay your loans but just can’t seem to get there?
  • Would switching to a different payment plan or having a portion of your student loans waved help your financial situation?

 

If you answered yes to any of the questions, filing for bankruptcy to rid yourself of student loans might be the best option for you. Contact Leslie Craft at Craft Law Offices today at 252-752-0297 for your free consultation, and see if you can be financially free from your student loans.

 

 

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Should You Stop Paying Bills Before Filing for Bankruptcy?

The one question debtors commonly ask before filing for bankruptcy is whether they should stop paying their bills or other expenses. It may seem like a waste of money to continue paying your creditors, especially if you anticipate having your debts discharged and after all, you are already struggling to make ends meet. Whether or not to continue paying your bills depends on what type of bankruptcy you plan to file, what types of debt you owe and when you plan to file your case.

Types of Bankruptcy Debt

Neither Chapter 7 nor Chapter 13 bankruptcy will cancel all types of debt, however, both options can help eliminate debt. You must still pay your daily living expenses, like housing, utilities and insurance. Some financial obligations that are secured or tied to property belonging to the debtor, like car loans, mortgages, or loans for electronics or furniture serve as collateral if you want to keep the property, so you will need to pay these bills. Other debts, such as medical bills, personal loans and credit cards are not connected to any asset, so if you fail to pay these bills, there is nothing the creditor can do unless they take further legal action.

Living Expenses

Are you considering filing for bankruptcy?

If so, you should evaluate your expenses to determine which are necessities and which are luxuries. Is cable television really a necessity?

You should continue paying your expenses that are necessary for daily life, such as rent, utilities, car insurance, and cell phone plan because these are all bills for ongoing services that you will continue to pay after filing for bankruptcy.

Car Loans

Car loans are a secured debt, so you must continue making regular payments if you want to keep your car. If you default on your payments, the lender has the right to repossess it. In a Chapter 13 repayment plan, you can restructure your car loan payments so they are more affordable. This is not an option if you file for Chapter 7 bankruptcy, however, you may be able to negotiate a reaffirmation agreement with the lender. In turn, your debt would be excluded from your discharge to keep your car under new terms.

Mortgage Payments

You should continue making regular mortgage payments after filing for bankruptcy if you want to keep your house. This is because your mortgage is a secured debt. As a condition of the mortgage, you gave the lender a lien against the property, therefore, the creditor has the right to foreclose on your home if you default on your payments. 

Bankruptcy does not remove the lien, but can discharge your personal liability on a mortgage. Chapter 13 can help you catch up on your mortgage payments if you are behind. Remember, you must continue to make regular mortgage payments in order to keep your home, whether you are planning to file a Chapter 7 or Chapter 13 bankruptcy.

Spousal Support or Child Support

If you have obligations such as paying alimony or child support, neither are dischargeable in bankruptcy. This means you will still have to pay these debts, as determined by the court regardless of the outcome or type of bankruptcy you file. Chapter 13 may provide a repayment plan in order for you to catch up on missed payments, but you need to continue paying them during and after the bankruptcy proceedings.

Medical Bill or Credit Card Payments

Medical bill debts are unsecured and can be discharged during bankruptcy, so you should stop paying these expenses if you are close to filing.

Credit Card payments are also unsecured debts, meaning they are not tied to any asset. Both Chapter 7 and Chapter 13 bankruptcy will wipe out credit card debt. Therefore, if you are about to file for bankruptcy, you should stop paying credit card bills to avoid wasting your money.

When Do You Plan to File?

You should make sure you are going to file for bankruptcy and that you have a plan in place, before you stop paying your bills. It’s hard to catch up once you fall behind and late payments and penalty fees add up quickly. Also, this may give your creditors time to file a lawsuit.

If you want to file for Chapter 7 bankruptcy, you must meet certain standards to qualify.  If you want to file under Chapter 13, you must make sure you have enough monthly income to satisfy a repayment plan to your creditors.

If you are not sure which type of bankruptcy is right for you, call Craft Law Offices and let bankruptcy attorney Leslie Craft explain these 2 types of bankruptcy to you. She can help you make the right decision based on your situation and needs.

Contact Craft Law Office

An experienced bankruptcy lawyer can help with any questions you may have regarding the type of filing and the timing that works best for you on how to handle your debts. Call 252-752-0297 and let us help you get your peace of mind back today.

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Will I Lose My License for a Speeding Violation?

WILL I LOSE MY LICENSE IF I’VE BEEN PULLED OVER ON A SPEEDING VIOLATION?

 

You’ve just left a meeting and you’re heading home and traffic starts to pick-up, so do you. Everyone else is keeping up with traffic so you should be okay, right? Not necessarily.

 

WILL I LOSE MY LICENSE FOR DRIVING 15 MILES PER HOUR OVER THE SPEED LIMIT?

Not all speeding tickets lead to a suspension of your North Carolina driver’s license. In North Carolina the law for excessive speeding states that the Division of Motor Vehicles shall suspend a license for a period of 30 days of any driver without preliminary hearing on receiving a record of the driver’s conviction of either

  • exceeding by more than 15 miles per hour the speed limit, either within or outside the corporate limits of a municipality, if the person was also driving at a speed in excess of 55 miles per hour at the time of the offense, or
  • driving at a speed in excess of 80 miles per hour at the time of the offense.

Speeding 80 in a 65 mph zone, 70 in a 55 mph zone, or 60 in a 45 mph zone means a person is not a risk because it’s not more than 15 mph over the speed limit.

 

CAN LICENSES BE REVOKED FOR A PERIOD LONGER THAN 30 DAYS?

In some situations, your license could be revoked or suspended for up to six months. Generally, this means you have gotten more than two speeding tickets in a year or committed other traffic violations while speeding.

A license will be revoked for 60 days if an individual is convicted of:

  • Two speeding charges within one year
  • Speeding plus reckless driving on the same occasion

 

IS IT A MYTH THAT I COULD GET A TICKET DRIVING TOO SLOWLY?

Almost everyone has received a speeding ticket. However, North Carolina traffic laws allow police to ticket people driving too slowly because they could be impeding traffic flow. Also, going too slow in the left lane of certain roads could lead to a traffic citation.

 

WHAT RESULTS IN AN IMMEDIATE SUSPENSION?

Driving recklessly or aggressively could result in a license suspension. Expect your insurance rates to nearly double for three years. The expense of reckless driving could make it nearly impossible for you to continue driving even after your driving privilege has been restored.

  

WILL I NEED TO GET A LAWYER?

Each client’s case is unique. Even if you have met the requirements listed by the NC Official North Carolina DMV Website, it is likely that seeking legal counsel can help you avoid losing your driving privilege.

Attorney Leslie Craft has the experience you need to deal with bankruptcy and traffic violations. Ms. Craft’s goal is always to help her clients get past their legal problems and get on with their lives.

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Resources NC Drivers Should Know About

As most people know, the internet is full of information, but how do you know what information is trustworthy and useful? We wanted to help North Carolina drivers answer that question, so we put together a list of three websites that can save you time, a potential headache and maybe some money.

 

  1. The Official North Carolina DMV website 

There are so many things you can do on the DMV website. You can check the status of your license and registration online, and you can even renew them online. Do you hate long lines at the DMV? Tired of being on hold for hours before getting to speak to someone? You can make appointments for a NC Real ID, License Renewal, Permits and many other things online. Simply visit the DMV website, put in your information and skip the line!

 

  1. North Carolina Courts website 

 

You received a ticket and you lose it, you’re not sure what to do. Go to the NC Courts website, put in your first and last name and you’ll be able to see the time, location and charges for your upcoming court date.

 

If you received a ticket and are looking for a traffic attorney to help you, you can also contact our office. We may be able to reduce your charge or modify your ticket to your advantage.

 

  1. Craft Law Offices website

You received a ticket. You’re worried about losing your license, getting points added to your license and your insurance rates going up. There are a lot of traffic law attorneys, but Leslie Craft is a local traffic attorney who has a professional rapport with local prosecutors and judges which can work to her client’s advantage.

Our office will handle all the details of your case and send you updates throughout the process. Hiring an experienced traffic attorney is just a click away – and by hiring Craft Law Offices to represent you, you may not have to appear in court. Trust us to protect your driving record and your wallet. We offer free consultations in person or virtually.

 

We hope you’ve found these links useful. You can bookmark these pages and this blog for future reference. If you were looking for something in particular and didn’t find it here – just reach out and let us know how we can help!

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Financial Freedom After Bankruptcy

If you are in debt, you may be thinking about filing for bankruptcy. Making a decisions about bankruptcy can be difficult, that’s why we recommend our clients understand what life will be like after they file.

It is essential that you take steps to bolster your finances during bankruptcy. It is also imperative that you are disciplined in following some steps once you’ve filed. Doing these two things together can help ensure you have the best financial life after bankruptcy.

 

  1. Checking Credit Reports

Your credit report will take a hit due to the bankruptcy. Since most of your debts will be relieved in the bankruptcy, you need to make sure that those accounts are accurately reported. Once your bankruptcy is discharged, the accounts should reflect that. Make sure you continue to check your credit report yearly, for the rest of your life. By doing this you can see how debts are impacting you, while making sure you are not the victim of identity theft. If you see accounts on your credit report that are not yours, you should report them and investigate what is happening.

 

  1. Setting a Budget

A budget can be your financial lifeline. You should set up your budget based on your income. Throughout your bankruptcy case, you have to be able to pay your normal bills along with the bills related to your case based on your income. When you set a budget and learn to live within the budget, you learn how to achieve financial freedom – during and after the bankruptcy.

 

  1. Rebuilding Credit

Once your bankruptcy is discharged you can begin rebuilding your credit. You can start with a secured credit card and then slowly and responsibly add other forms of credit. Note that these credit opportunities could come with higher interest rates due to your current credit status. You should only charge what you can pay off and you should strive to not carry balances since doing so could lead to another financial crisis.

 

  1. Having an Emergency Fund

Having an emergency fund could be key to your future success. Start saving now. No matter how little, you should make deposits into your savings. Your emergency fund should be able to cover your expenses for three to six months. This will keep you out of another financial crisis if an emergency popped up.

 

If you are feeling overwhelmed by your debts, take a hard look at your financial affairs. If you can’t find a way to get past your debts, bankruptcy may be an option for you. Call Craft Law Offices and let bankruptcy attorney Leslie Craft explain the two types of bankruptcy to you. She can help you make a decision about bankruptcy that is best for your situation and needs.

Call 252-752-0297 and let us help you get your peace of mind back today.

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Does Bankruptcy Affect Retirement Accounts?

You may be wondering how filing for bankruptcy will affect your 401k or other retirement accounts. Will your accounts be used to pay creditors? Can you keep any of your retirement savings? Should you use your retirement accounts to pay down, or off, your debts rather than file for bankruptcy?

Leslie Craft, an experienced bankruptcy attorney in eastern North Carolina. can answer these and any other bankruptcy-related questions you may have. Knowing the answers to these questions will ensure you are well-informed before you decide if bankruptcy is right for you and your family. For bankruptcy advice that is specific to your situation, call Leslie at 252-752-0297 to schedule a free consultation.

 

CAN CREDITORS GET YOUR RETIREMENT ACCOUNTS?

Most retirement accounts, such as a 401k, are protected from creditors and cannot be touched by a bankruptcy trustee. These funds are protected by federal bankruptcy laws, so it is not a good idea to cash in any of your retirement accounts to pay off, or pay down, your debts.

In a Chapter 13 bankruptcy none of your assets are taken from you. Your monthly repayment amount is determined by your income and your retirement savings is only included if you want them to be. Under Chapter 7 bankruptcy, qualified retirement accounts are categorized as exemptions, meaning they cannot be liquidated to pay your creditors.

 

SHOULD YOU BORROW FROM A RETIREMENT ACCOUNT?

The answer is NO! Before you make the decision to withdrawal money from a 401k or other retirement accounts you need to speak with a knowledgeable bankruptcy attorney. Since these types of accounts are protected under bankruptcy law, you may be better off filing for bankruptcy and preserving your retirement funds. These are some reasons you should not access your retirement accounts if you are in over your head:

  • Cashing out your retirement account could lead to tax penalties for early withdrawal, potentially making your debt worse. Tax trouble is worse than credit card trouble!
  • Transferring your retirement funds into another account could mean they lose retirement fund exemption, thus becoming accessible to your creditors.
  • Moving funds into a retirement account before filing for bankruptcy could raise a red flag. Your bankruptcy trustee could think you are attempting to shield assets which is considered fraud.

Your retirement savings is a representation of years of hard work. Losing your retirement funds now, could be a major concern in the future. Make sure you contact a bankruptcy attorney and get answers to your questions from someone who has your best interest in mind. Get the debt relief you deserve without losing your 401k. Call Leslie Craft, a trusted bankruptcy attorney, she can help you evaluate your financial situation, so you make decisions that are best for you and your family.

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Parental Debt and Bankruptcy Information

According to recent data, the number of older adults with debt and financial problems is increasing. The number of older adults who have filed for bankruptcy has tripled in the last 30 years. If you are unsure of your parent’s financial situation, it may be time to sit down, review their finances and offer them help with their bills and finances.

Most parents do not tell their children about their financial situation because they don’t want to burden them. However, if your parents are struggling to pay their bills, their ability to support themselves may be at risk if they do not find a way to alleviate their debts.

 

SYSTEMATIC PROBLEMS

Another reason older adults do not tell their children or others about their financial problems is due to the social stigma that comes from being in debt. There is a misconception from some that heavy debt is a result of someone making bad financial decisions. But according to many economists, rising debt among adults 65 years and older could be due to changes in healthcare and retirement that have shifted costs to them:

  • Many employers switched retirement plans from company-backed pensions to 401(k) plans.
  • The qualification age for Social Security has increased.
  • Healthcare companies expect the insured to pay more of their medical expenses, while medical expenses increase.

With these increased expenses, it is no wonder older adults may be forced to take on more debt to pay for everyday basic expenses. The decrease in income and increase in expenses makes older adults extremely vulnerable to accumulating debt.

 

BANKRUPTCY CONSIDERATION

Parents who are considered baby boomers were raised by a generation that was averse to debt because they grew up during the Great Depression. Their philosophies were conveyed to the next generation. This could affect their views on bankruptcy. If your parents are unwilling to consider bankruptcy, you should explain the benefits of filing for bankruptcy to them:

  • If they file, creditor harassment stops immediately.
  • They will be able to discharge most of their unsecured debts, which includes medical bills and credit cards, at the end of the bankruptcy process.
  • They can protect valuable assets such as their home and retirement accounts.

Continue to explain to them that bankruptcy exists to protect  people who are unable to repay all of their debts. For peace of mind, your parents should seriously consider filing for bankruptcy if their debts have gotten out of control.

 

CONTACT LESLIE CRAFT, BANKRUPTCY ATTORNEY

If you or a family member are considering filing for bankruptcy, you should contact Leslie Craft at Craft Law Firm. An experienced, eastern North Carolina bankruptcy lawyer, Leslie can answer all your questions about the bankruptcy and get the process of filing started. To schedule a free consultation, call 252-752-0297 or email us.

 

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Hire Leslie Craft for a Speeding Ticket

You were in a hurry, not paying attention to your speedometer. You get pulled over and are handed your first speeding ticket. It is normal to be upset and feel stressed.

The ticket isn’t a felony or a misdemeanor, but a speeding ticket on your record could have long-term and serious consequences for your driving record and insurance rates. You could have to pay a large fine, you may end up losing your license and your insurance costs could sky rocket.

You already have the speeding ticket; you can’t take it back, so now you need to deal with it. Will you have to miss work to go to court? Are you worried about the outcome? You do not need to worry. Leslie Craft is a dependable attorney, and she is ready to help you find relief.

 

Here are five reasons to hire Leslie Craft to fight your speeding ticket.

  1. When reviewing the ticket, Leslie knows what to look for.

If you know someone who got a speeding ticket and didn’t end up paying anything, then you know they probably hired an attorney. Attorneys that handle traffic tickets know errors to look for to minimize their client’s outcome. If you hire Craft Law Firm, there is a chance your ticket could be dismissed.

  1. She is experienced and knows how to negotiate.

Maybe there are no errors to find, now it is time to negotiate. An experienced traffic ticket lawyer can ask for concessions based on your good driving record. Or they can find other reasons to get your ticket reduced.

  1. She knows your rights and is there to protect them.

When it comes to traffic law, a lawyer will know your rights. Having Leslie on your side can improve your chances of getting the ticket reduced or dismissed. Lawyers know the best way to represent you and your case before the judge.

  1. It is not as expensive to hire her as you think.

You think hiring an attorney is a large expense but compared to possible outcomes it really is not. If attorneys were too expensive there would not be traffic lawyers. Believe it or not, hiring Leslie could save you hundreds, it is possible that you will pay less towards her fees and the ticket than if you tried to handle the case on your own.

  1. When the prosecutor shows up, Leslie does not back down.

 

When you represent yourself in court the prosecutor may intimidate you. This makes sense because you don’t know how to fight them. On the contrary, when you hire Leslie, the  prosecutors know you have hired someone that will stand up for your rights. Because of this, you could end up paying less than the full ticket amount or you could possibly walk away paying nothing at all.

 

Our Final Thoughts on Hiring Leslie Craft

Hiring a traffic lawyer shows that you are invested in your case. Leslie Craft has a professional rapport with local prosecutors and judges which can work to your advantage. So, if you have received a traffic ticket, it is a good idea to hire  Leslie Craft today. Call her at 252-752-0297!

 

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Life After Chapter 13 Bankruptcy

In Chapter 13 bankruptcy debtors may not see their debts erased. Instead, some may be restructured under a repayment plan that will last three to five years. In Chapter 13 bankruptcy, some creditors are repaid in full, and others are not. The debtor makes a monthly payment to the trustee, and in turn, the trustee distributes payments to creditors based on the priorities that were set by the court.

 

Benefits of Chapter 13 Bankruptcy

If you earn too much to qualify for Chapter 7, you may qualify for Chapter 13. By doing this, calls from creditors and collections agencies automatically stop once your application is filed.

Additional benefits of a Chapter 13 bankruptcy filing include:

  • Repossession is stopped and your valuables are not liquidated like in a Chapter 7 filing.
  • After three to five years, when your plan is complete, any creditors who were not repaid in full cannot pressure you for further payments.
  • You may be able to renegotiate secured debts, such as a car loan. It is also possible you could pay a lower car payment or interest rate.
  • You have the length of your plan to catch up on any past-due amounts owed on your home, vehicle or loans that were secured with collateral.
  • You also have the length of the plan to pay overdue income taxes, child support and alimony.
  • Chapter 13 will protect any cosigners you may have on personal loans.
  • You may file for a Chapter 13 bankruptcy plan more than one time.

 

Life After Filing Chapter 13 Bankruptcy

  • One monthly trustee payment for 3 to 5 years to repay your debts and be out of a plan. No more 28% credit card or high interest loan payments
  • Your credit score may take a nose dive. Keeping a mortgage or car payment will help rebuild your credit score
  • You will lose any credit cards that exist when you file.
  • There may be some restructuring due to your Chapter 13 filing, however you cannot get out of student loan debt.
  • You still have to make child support and alimony payments.

 

Why Choose Chapter 13 Bankruptcy?

By filing Chapter 13 bankruptcy debtors are allowed to catch up on missed payments and can keep property, such as your car or home.

If you have an above-the-median income and you could meet your obligations if they could be reorganized – Chapter 13 might be right for you.

If you don’t want to get rid of your house, car or other valuables, but you are in over your head – Chapter 13 may be right for you.

 

Consider Your Options

If you are unsure about filing for bankruptcy, we are here to answer your questions. Understanding the types of bankruptcies is complicated and Leslie Craft has the experience to help you navigate the courts and make a decision that is best for you. If you are considering filing Chapter 13 bankruptcy, call our office and speak with Leslie today.

 

 

 

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Pay Off or Fight A Traffic Ticket?

To Pay or Not to Pay, that is the question!

If you received a traffic ticket in eastern North Carolina, you may be wondering if it is better to pay off or if you should fight it. Many people may think it is easier to pay it off, or that it is the right thing to do, however depending on the type of ticket, and your driving record, it could make more sense for you to dispute the ticket and take it to court.

At Craft Law Firm we advise drivers who have been issued a traffic ticket to consult with an attorney who handles traffic law. When you pay off your ticket, you are admitting guilt to the traffic violation. An attorney who manages traffic law cases may be able to help you avoid points on your license, fines, license suspension, and other consequences that may come with an admission of guilt to the violation.

 

Reasons to Fight Your Traffic Ticket

The number one reason anyone should fight a traffic violation ticket is to avoid the penalties and possible negative outcomes associated with the ticket.

Once you pay your traffic ticket, you will get points added to your driving record. The addition of these points could increase your insurance cost and depending on your previous violations, may lead to suspension of your license, additional fines, and the possibility of jail time.

Most drivers are not sure what they should do. Before you consider defending yourself, contact and hire an experienced traffic law attorney. Having someone represent your best interests in traffic court could save you points on your license and increased insurance premiums in the future.

 

Should You Hire a Traffic Law Attorney in Eastern North Carolina?

At the Craft Law Firm, Leslie Craft helps clients with the following types of traffic tickets throughout Eastern North Carolina, including Greenville, Kinston, Rocky Mount, Tarboro, Washington, Williamston, and Winterville:

  • Speeding, including speeding in a school zone
  • Passing a stopped school bus
  • Red light tickets
  • Aggressive and Reckless Driving
  • Driving without insurance
  • Illegal Passing and Tailgating
  • Failing to yield the right of way

Your North Carolina traffic ticket will have information on how you can contest the ticket. If you want to plead  not guilty or dispute your traffic citation, you will have to appear in court or will have had to hire an attorney to represent you and defend your rights at the hearing.

 

What Happens After Your Hearing?

If you are found guilty of your traffic violation, you will be ordered to pay all traffic fines and court fees associated with the traffic citation. You will also have points added to your driving record, and more than likely your auto insurance rates will be increased by your agent.

In the State of North Carolina, your license will be suspended if you have accumulated twelve points within a three-year period.

If you have fought your ticket and found not guilty, you will not face any of the penalties mentioned above. However, we do recommend that if you are found not guilty, that you check your driving record to ensure the violation does not appear on your record and that no points were added – mistakes do happen!

If you have been issued a traffic citation and are not sure what to do, contact Craft Law Office. Leslie Craft may be able to reduce your charge, the fine, or modify your ticket, plus you may not have to appear in court. Trust our experience to protect your driving record. We offer free consultations in person or virtually, call us at 252-752-0297 or email us today.

 

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