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Caswell County, NC Bankruptcy Guide

Quick Links

  • Caswell County, NC Bankruptcy Guide
  • Means Test Calculator for Caswell County
  • North Carolina Bankruptcy Exemptions
  • Information about the North Carolina Middle District Bankruptcy Court
  • Table of Free North Carolina Bankruptcy Forms
  • Bankruptcy Lawyers Serving Caswell County, NC

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Connect With a North Carolina Bankruptcy Attorney

Click here or Call (855) 410-1378 to Connect with a Lawyer In Your Area

Caswell County Bankruptcy Means Test Calculator

Automatically apply the Caswell County expense standards, and North Carolina income standards to your means test calculation.

North Carolina Bankruptcy Guide
- How to File Bankruptcy in Caswell County, NC - (Filing)
  • How Do I File for Bankruptcy in Caswell County, NC?
  • Do I Qualify for Bankruptcy? Bankruptcy Means Test Standards for Caswell County
  • What Are My Alternatives to Filing for Bankruptcy in North Carolina?
  • How Does Chapter 7 Bankruptcy Work in North Carolina?
  • How Does Chapter 13 Bankruptcy Work in North Carolina?
  • How Much Does It Cost to File for Bankruptcy in North Carolina?
  • Where Do I File for Bankruptcy in Caswell County, NC?
- Means Test Calculator for Caswell County - (Means Test)
  • Means Test Calculator for Caswell County
  • North Carolina Median Income Test
  • Means Test Calculator Table of Contents
- North Carolina Exemption Laws - (Exemptions)
  • Can I Use the Federal Bankruptcy Exemptions in North Carolina?
  • North Carolina Bankruptcy Exemptions for 2021
  • Does North Carolina Adjust Exemptions for Inflation?
  • Federal Non-Bankruptcy Exemptions
  • North Carolina Homestead Exemption
  • North Carolina Insurance Exemptions
  • North Carolina Miscellaneous Exemptions
  • North Carolina Motor Vehicle Exemption & Other Personal Property Exemptions
  • North Carolina Pension Exemptions
  • Public Benefits Exemptions for North Carolina
  • Does North Carolina Recognize Tenancy by the Entirety?
  • North Carolina Tools of Trade Exemptions
  • North Carolina Wage Garnishment
  • North Carolina WildCard Exemption
- Court Info for the North Carolina Middle District Bankruptcy Court - (Courts)
  • What is CM/ECF?
  • Am I required to file electronically?
  • What does "pro se" mean?
  • Will the court staff explain the filing procedure to me?
  • What is a 341 Hearing?
  • Glossary of Important Terms You're Likely to find in Court Websites
  • What does "pro bono" mean
- Free North Carolina Bankruptcy Forms - Federal and Local - (Forms)
  • Required Forms & Fees
  • Basic Forms You Will Need In Any Court
  • Getting Help With Forms & Filing
  • Free PDF Downloadable Bankruptcy Forms
  • Basic Forms You Will Need in Any Court
  • Local Forms Required by the North Carolina Middle District Bankruptcy Court
  • Getting help with forms and filing
- Bankruptcy Lawyers Serving Caswell County, NC - (Lawyers)
  • How to Find a Bankruptcy Lawyer in Caswell County, NC
  • Ten Ways a Bankruptcy Lawyer Can Help You
  • Directories of Caswell County, NC Bankruptcy Attorneys
  • What Should I Expect From a Bankruptcy Lawyer
  • Should You Use a Bankruptcy Petition Preparer (BPP)?
- Bankruptcy & the Coronavirus Recession - (COVID-19)
  • CAREs Act Changes to the Bankruptcy Code
  • CAREs Act Changes to Official Means TestForms 122A-1, 122B, and 122C-1
  • Bankruptcy as Part of Your COVID-19 Financial Plan
  • Best Mortgage forbearance and COVID-19 Resources on the Internet
  • Selected Articles about Bankruptcy and the Coronavirus
  • Can Bankruptcy Keep Me From Being Evicted in North Carolina?
  • CDC Bans Evictions Through June 30, 2021
- Bankruptcy News - (News)
  • LC Bankruptcy Newsfeed
  • Daily News on Bankruptcy
  • Credit Card news & Info
  • Bankruptcy & Economic Statistics
  • North Carolina Exemption Updates
  • Other Free Audio/Video About the Debt & Credit Industry
  • Tweets by @meanstest
  • Blog

Caswell County, NC Bankruptcy Guide

Welcome!

LegalConsumer.com has provided free bankruptcy information to more than 10 million consumers since 2006, and the Free Means Test Calculator (November, 1 2020 Edition)  has helped hundreds of thousands of consumers figure out where they stand in relation to the bankruptcy means test, created by the 2005 BAPCPA bankruptcy act.

The content of this website is updated as time permits. It's is up to you to contact your local court and confirm and update any information you need. 

In addition to the means test calculator, this site has answers to your questions  about bankruptcy:

How to File Bankruptcy in North Carolina

  • How does Chapter 7 bankruptcy work in North Carolina?
  • How does Chapter 13 bankruptcy work in Caswell County, NC?
  • Can I  file bankruptcy, on my own, or with the help of a lawyer

Bankruptcy Means Test Calculator

  • How do I to complete the chapter 7 bankruptcy means test?

North Carolina Bankruptcy Exemptions

  • What property can I keep?
  • How do I claim property as exempt?
  • Can I keep my retirement assets if I file for bankruptcy?

Bankruptcy Court Info for Caswell County, NC

  • Where do I file for bankruptcy?
  • Which bankruptcy court do I use to file my case?

Free Bankruptcy Forms & Instructions

  • Where can I download free bankruptcy forms for my court?

Bankruptcy Lawyers Near Me

  • How can I find a good local bankruptcy lawyer near me?,
  • What should I expect from a bankruptcy attorney?
  • Should I consider bankruptcy if I'm facing eviction?



Bankruptcy FAQ

  • What are the different kinds of bankruptcy?
  • Do I qualify for bankruptcy?
  • Secured debt vs. unsecured debt: What's the difference?
  • Do I need a lawyer to file for bankruptcy?
  • Where do I file for bankruptcy?
  • Can I get free bankruptcy forms?
  • What are bankruptcy exemptions?
  • Do I have to get credit counseling before I file for bankruptcy?
  • What is a 341 hearing (creditors meeting)?
  • Glossary of Important Bankruptcy Terms
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Means Test Calculator for Caswell County

Means Test Calculator for Caswell County

The free bankruptcy means test calculator  applies the state income and standards for North Carolina, and the expense deductions for Caswell County to help you determine whether you pass the "means test" for Chapter 7 bankruptcy. more...  

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Connect With a North Carolina Bankruptcy Attorney

Click here or Call (855) 410-1378 to Connect with a Lawyer In Your Area

North Carolina Bankruptcy Exemptions

North Carolina Exemptions Summary:

Homestead

Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property

Vehicle Exemption

Motor vehicle to $3,500

Personal Property

Animals, crops, musical instruments, books, clothing, appliances, household goods & furnishings to $5,500 total; may add $1,000 per dependent, up to $4,000 total additional (all property must have been purchased at least 90 days before filing)
Implements, books, & tools of trade to $2,000

Wild Card

$5,000 less any amount claimed for homestead or burial exemption, of any property
$500 of any personal property

more...  

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Table of Free North Carolina Bankruptcy Forms

for the North Carolina Middle District Bankruptcy Court

What forms do I need to file? Check out the free downloadable bankruptcy forms for the North Carolina Middle District Bankruptcy Court where you can get the forms that you'll (or your lawyer) will need to fill out if you decide to file, and where to go to get detailed instructions for filling them out.

more...  

ADVERTISEMENT

Connect With a North Carolina Bankruptcy Attorney

Click here or Call (855) 410-1378 to Connect with a Lawyer In Your Area

Information about the North Carolina Middle District Bankruptcy Court

The Caswell County bankruptcy court info page provides maps and information about your local federal district bankruptcy court

  • Bankruptcy Court locations serving Caswell County 
  • Information for non-attorneys from the North Carolina Middle District Bankruptcy Court
  • Required forms and filing deadlines: where to find them.
  • Counties served by the North Carolina Middle District Bankruptcy Court. more...  

Bankruptcy Lawyers Serving Caswell County, NC

Chapter 7 & Chapter 13

Want help?

The Yanceyville Bankruptcy Lawyers Page connects you with local credit counsellors, lawyers and other service providers who can help you if need want advice or help with the filing process.

more...  

Bankruptcy Website Author Albin Renauer

Albin Renauer has spent a career making consumer law information free and accessible to everyone. In 2006, Albin launched LegalConsumer.com and the free Bankruptcy Means Test Calculator. Millions of consumers have used these FREE tools and information to learn about their rights under bankruptcy law.  Since 1989, Albin has also been a co-author of 21 editions of Nolo's bestselling guide How to File for Chapter 7 Bankruptcy, (Nolo, 21st ed, 2019).


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Bankruptcy FAQ

What are the different kinds of bankruptcy?

This website focuses on the two most common types of bankruptcy filed by individuals: Chapter 7 and Chapter 13. But here’s a quick summary of the six types of bankruptcy most commonly filed under the bankruptcy code; they get their names from the chapters where they appear in the code.

Chapter 7 Bankruptcy

Chapter 7 lets individuals wipe out (“discharge”) most kinds of debt in just a few months. You get to keep certain kinds of property—for example, at least some of the equity in your home, your car, clothing, personal items, and property that is essential to your profession. This type of property is called “exempt” property, and many Chapter 7 filers find that exemptions cover most of what they own. If you have nonexempt property, the bankruptcy trustee will sell it to repay your creditors as much as possible. To qualify for Chapter 7, you must pass the “means test,” showing that your income is less than the state median income for your family size. Most bankruptcies filed in the U.S. are Chapter 7 bankruptcies. (For more information, see How Chapter 7 Bankruptcy Works.)

Chapter 13 Bankruptcy

Under Chapter 13, an individual repays some or all of their debts under a payment plan approved by the bankruptcy court. Chapter 13 bankruptcy takes three to five years to complete. Those who choose Chapter 13 usually do so because they want to protect certain kinds of non-exempt property or because they have too much income to qualify for Chapter 7. (Most people prefer to file for Chapter 7 if they qualify, because Chapter 7 allows you to erase most kinds of debt in just three to six months.) You can qualify for Chapter 13 if you have steady income and your debts don’t exceed the limits set by the bankruptcy code. (For more information, see How Chapter 13 Bankruptcy Works.)

Chapter 9 Bankruptcy

Cities or towns may file for Chapter 9 bankruptcy if they are overwhelmed by debt. It allows municipalities to develop a plan for handling debts while holding creditors at bay.

Chapter 11 Bankruptcy

Chapter 11, often called “reorganization bankruptcy” is usually used by businesses. It allows a business to work out a court-supervised plan to pay back creditors while keeping its doors open. We mostly hear about big businesses filing for Chapter 11, but small businesses or even individuals can use it, too. The trouble is that Chapter 11 is usually too expensive for smaller undertakings and anyone other than the most wealthy individuals, because it entails lots of meetings, court hearings, and big bills from bankruptcy lawyers.

Chapter 12 Bankruptcy

This type of bankruptcy is a lot like Chapter 13 except it’s available only for family farmers and fishermen. It’s specially designed to help farmers and fishermen keep their livelihoods while paying off debts under a court-approved plan. Chapter 12 has a higher debt threshold and more options to protect property than Chapter 13.

Chapter 15 Bankruptcy

Chapter 15 is for people or organizations that have debts and property in the United States and another country. Under this chapter, federal bankruptcy courts can more easily limit their involvement in the case to just the property and people in the United States.

Bankruptcy FAQ

Do I qualify for bankruptcy?

To qualify for Chapter 7 bankruptcy, you must show that either:

  • your income is below North Carolina’s median income for your family size, or
  • your income and expenses, calculated together, leave you unable to pay your debts. This is determined under a complex formula called the bankruptcy means test.

If you don't qualify for Chapter 7, you may still qualify to file under Chapter 13. To qualify for chapter 13, your debt must be under the limit set by the bankruptcy code and you must be current on your tax filings for the last four years.

For details, see How Chapter 7 Bankruptcy Works or How Chapter 13 Bankruptcy Works.

Bankruptcy FAQ

Secured debt vs. unsecured debt: What's the difference?

Secured debt. A secured debt is backed up by property -- like your home or a car -- which is also known as "collateral." The creditor can take back the collateral if you don't repay the debt.

Secured debt can be voluntary -- for example, when you get a mortgage to buy real estate or a loan to buy a car. It can also be involuntary -- say, if the government puts a lien on your property for back taxes.

Unsecured debt. Unsecured debt isn't backed up by collateral. Lenders give you credit without "security," relying on your credit history and your promise to repay. Unsecured debt can include everything from your credit cards to your gym membership, your medical bills to a loan from a friend.

In bankruptcy, unsecured debt is divided into priority and non-priority claims. If there's any money available to pay your creditors, priority claims come first. Non-priority unsecured debts are rarely paid in bankruptcy.

Common priority unsecured debts include:

  • legal fees related to the bankruptcy filing
  • child support and alimony
  • federal or state income taxes
  • a certain amount of wages and benefits owed to employees, and
  • claims against you for operating a vehicle under the influence of alcohol or drugs.

To learn more, see our articles on How to File for Bankruptcy.

Bankruptcy FAQ

Do I need a lawyer to file for bankruptcy?

You're not legally required to use a lawyer to file for bankruptcy. Whether you're a good candidate for handling your own bankruptcy depends on the complexity of your financial situation and your willingness to take the time to learn the rules of bankruptcy. If you're not the type of person that is willing to carefully read a lot of information and follow instructions to the letter—or if your situation has you feeling too overwhelmed to do so—then self-help is probably not for you.

Evaluating your financial situation. If you owe only unsecured debt—like credit card charges or medical bills—you may well be able to file for bankruptcy on your own. But you must also consider are the amount and type of property you own. If you own your home, have substantial retirement savings, or other substantial assets, you may want to consult a lawyer to make sure your property is not at risk.

A good way to approach the decision of whether to hire a lawyer is to buy (and read) Nolo's book How to File for Chapter 7 Bankruptcy. It will give you a good idea of what issues may arise when you file, and flags specific situations when a lawyer's help is called for. It will also give you a good sense of whether the complexity of the filing process is something you'll want to take on alone. (If your financial situation is simple, but you just don't want to deal with the forms, you might consider a using a bankruptcy petition preparer to handle the form preparation.)

Other resources, other opinions. Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyers—surprise!—think you should always have a lawyer. But, seriously, they make some worthwhile points that are worth reading as you decide what to do.

The Moran Law Group, in addition to providing loads of useful free information about bankruptcy, also makes the case for getting a lawyer. The U.S. Courts website also offers information about filing without an attorney. Nolo, too, offers an article called Filing for Bankruptcy Without an Attorney. These sources are all worth reading.

Finding a lawyer. For more information about finding a qualified bankruptcy lawyer near you, see the Lawyers section of this website.

Bankruptcy FAQ

Where do I file for bankruptcy?

Most people file for bankruptcy in the federal district court closest to where they live. However, if you run a business in a different district and most of your property is located there, you may have to file in that location.

Also, if you've moved in the past six months (180 days), you may have to file in the federal district court where you used to live. It all depends on where the greater portion of your property has been for most of the past 180 days.

Wherever you're required to file, know that you can handle most of your business with the court, including filing your bankruptcy forms, by mail. However, you will need to visit the courthouse in person at least once, for a meeting with the bankruptcy trustee.

For more details, and to find your local court, see our articles on How to File for Bankruptcy.

Bankruptcy FAQ

Can I get free bankruptcy forms?

Yes! All official federal and local bankruptcy forms are available free of charge. You can find the links you need by visiting our bankruptcy forms page.

You can also vistit the U.S. Courts website to find free, downloadable copies of the federal forms.

If you want copies of bankruptcy forms with plain-language instruction and tips for filling them out, you might want to use a good self-help book like How to File for Chapter 7 Bankruptcy or Chapter 13: Keep Your Property and Repay Your Debts Over Time, both published by Nolo.

Bankruptcy FAQ

What are bankruptcy exemptions?

Every state has laws that designate certain types of property (some or all of the equity in your home, some personal possessions, tools that you need for your work) that are off-limits to unsecured creditors—that is, creditors that don't have a lien on your property. Credit card debt and medical bills are the two most common types of unsecured debt.

Unsecured creditors cannot force you to sell your exempt property to pay off your debt. Even if the creditor goes to court, wins a court judgment against you, and takes steps to attach a lien to your property, you are still entitled to your exemption amount before the creditor gets any proceeds form a sale.

If you sell your exempt property voluntarily, the creditor has a right to have its lien paid from the sale proceeds before you receive anything. As a practical matter, most of the property of people who file for Chapter 7 bankruptcy is exempt, so they don't want to sell what they have. If all of your property is protected by exemption laws, you are said to be "judgment proof"—meaning that creditors can't collect anything from you, whether or not you file for bankruptcy.

One important thing to remember is that an exemption protects only the "equity" in your property. That's the difference between the value of the property and what you owe to creditors—like your mortgage lender—who have a secured interest in it.

Example

If you owe $18,000 on a $20,000 car, you have only $2,000 in equity. If your state has at least a $2,000 exemption for motor vehicles, that will be enough to protect the car in bankruptcy—but you must continue to make the payments to the secured creditor.

On the other hand, if you own the vehicle free and clear, then your equity is the full value of the vehicle, and a $2,000 exemption would not be enough to protect it. The trustee would force the sale of the car, you would get your exemption amount, and the trustee would get the rest of the proceeds to distribute to the unsecured creditors.

More Information

To learn what property is exempt in your state, see the Exemptions section of this website.

Bankruptcy FAQ

Do I have to get credit counseling before I file for bankruptcy?

Yes. Before you file for bankruptcy, you must take a brief credit counseling class and get a certificate proving that you have done so. If you are planning to file jointly with your spouse, you can both attend the same counseling session, but each of you must get a separate certificate. You can usually take a class online or over the phone.

The counseling class usually costs around $50 to $75. However, federal bankruptcy law states that credit counseling agencies must provide credit counseling services without regard to a client’s ability to pay and must disclose the possibility of a fee waiver or fee reduction before beginning the counseling session.

Many critics of federal bankruptcy law see the credit counseling requirement as a bureaucratic obstacle for already-desperate debtors. Perhaps so. But try to make the most of your 90-minute session by getting as much free information as you can. You may be able to use it as a way to get a second opinion about your financial situation, and to gauge whether bankruptcy is, indeed, the right choice for your situation. (Keep in mind, however, that a credit counselor is not legally allowed to tell you whether or not you should file for bankruptcy.)

For more information, see the the Credit Counseling FAQ from the U.S. Department of Justice. When you're ready to sign up for a counseling class, you can use this list of court-approved credit counselors. 

Bankruptcy FAQ

What is a 341 hearing (creditors meeting)?

Everyone who files for bankruptcy must attend a 341 hearing, which is also called a "creditors meeting." The meeting is conducted by the bankruptcy trustee assigned to your case. The trustee will put you under oath and may ask you questions about the information you've provided on your bankruptcy forms. Creditors may also show up at the hearing to ask you questions, but it's not common for them to do so.

Bankruptcy law also requires the trustee to ask you questions to be sure you understand how bankruptcy works and the potential consequences of filing bankruptcy, such as the effect on your credit record.

For most bankruptcy filers, this will be your only trip to the courthouse (or during the Cornavirus, a virtual trip to the courthouse, via a phone meeting. See below). Most court websites post schedules of 341 hearings, and when you file, you will be notified of your hearing date. When you show up for your hearing, you will find that many other people have hearings set for the same day. You will sit and wait for your name to be called--usually in a room somewhere in the courthouse or federal building, but probably not in a courtroom.

The book How to File for Chapter 7 Bankruptcy provides detailed information about what to expect at your 341 hearing.

Coronavrius Update: Virtual 341 Hearings

U.S. TRUSTEE PROGRAM EXTENDS TELEPHONIC OR VIDEO SECTION 341 MEETINGS

August 28, 2020

The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the President’s “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program.

Bankruptcy FAQ

Glossary of Important Bankruptcy Terms

 

A  |   B  |   C  |   D  |   E  |   F  |   G  |   H  |   I  |   J  |   K  |   L  |   M  |   N  |   O  |   P  |   Q  |   R  |   S  |   T  |   U  |   V  |   W  |   X  |   Y  |   Z

A

adversary proceeding

A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. A nonexclusive list of adversary proceedings is set forth in Fed. R. Bankr. P. 7001.

assume

An agreement to continue performing duties under a contract or lease.

automatic stay

An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.

B

bankruptcy

A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).

bankruptcy administrator

An officer of the judiciary serving in the judicial districts of Alabama and North Carolina who, like the U.S. trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Compare U.S. trustee.

Bankruptcy Code

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

bankruptcy court

The bankruptcy judges in regular active service in each district; a unit of the district court.

bankruptcy estate

All legal or equitable interests of the debtor in property at the time of the bankruptcy filing. (The estate includes all property in which the debtor has an interest, even if it is owned or held by another person.)

bankruptcy judge

A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

bankruptcy petition

The document filed by the debtor (in a voluntary case) or by creditors (in an involuntary case) by which opens the bankruptcy case. (There are official forms for bankruptcy petitions.)

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C

chapter 7

The chapter of the Bankruptcy Code providing for "liquidation,"(i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.)

chapter 9

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

chapter 11

The chapter of the Bankruptcy Code providing (generally) for reorganization, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.)

chapter 12

The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," or a "family fisherman" as those terms are defined in the Bankruptcy Code.

chapter 13

The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.)

chapter 15

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

claim

A creditor's assertion of a right to payment from the debtor or the debtor's property.

confirmation

Bankruptcy judges's approval of a plan of reorganization or liquidation in chapter 11, or payment plan in chapter 12 or 13.

consumer debtor

A debtor whose debts are primarily consumer debts.

consumer debts

Debts incurred for personal, as opposed to business, needs.

contested matter

Those matters, other than objections to claims, that are disputed but are not within the definition of adversary proceeding contained in Rule 7001.

contingent claim

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.

creditor

One to whom the debtor owes money or who claims to be owed money by the debtor.

credit counseling

Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

creditors' meeting

see 341 meeting

current monthly income

The average monthly income received by the debtor over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and income from the debtor's spouse if the petition is a joint petition, but not including social security income and certain other payments made because the debtor is the victim of certain crimes. 11 U.S.C. § 101(10A).

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D

debtor

A person who has filed a petition for relief under the Bankruptcy Code.

debtor education

see credit counseling

defendant

An individual (or business) against whom a lawsuit is filed.

discharge

A release of a debtor from personal liability for certain dischargeable debts set forth in the Bankruptcy Code. (A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including telephone calls, letters, and personal contact.)

dischargeable debt

A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.

disclosure statement

A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.

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E

equity

The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $100,000 is subject to a $80,000 mortgage, there is $20,000 of equity.)

executory contract or lease

Generally includes contracts or leases under which both parties to the agreement have duties remaining to be performed. (If a contract or lease is executory, a debtor may assume it or reject it.)

exemptions, exempt property

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

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F

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G

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H

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I

insider (of individual debtor)

Any relative of the debtor or of a general partner of the debtor; partnership in which the debtor is a general partner; general partner of the debtor; or a corporation of which the debtor is a director, officer, or person in control.

insider (of corporate debtor)

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

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J

joint administration

A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)

joint petition

One bankruptcy petition filed by a husband and wife together.

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K

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L

lien

The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.

liquidation

A sale of a debtor's property with the proceeds to be used for the benefit of creditors.

liquidated claim

A creditor's claim for a fixed amount of money.

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M

means test

Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $12,850, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $7,700. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

motion to lift the automatic stay

A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

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N

no-asset case

A chapter 7 case where there are no assets available to satisfy any portion of the creditors' unsecured claims.

nondischargeable debt

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.

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O

objection to dischargeability

A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.

objection to exemptions

A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.

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P

party in interest

A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, the U.S. trustee or bankruptcy administrator, the case trustee and creditors are parties in interest for most matters.

petition preparer

A business not authorized to practice law that prepares bankruptcy petitions.

plan

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

plaintiff

A person or business that files a formal complaint with the court.

postpetition transfer

A transfer of the debtor's property made after the commencement of the case.

prebankruptcy planning

The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)

preference or preferential debt payment

A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.

presumption of abuse

see means test

priority

The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full. For example, under the Bankruptcy Code's priority scheme, money owed to the case trustee or for prepetition alimony and/or child support must be paid in full before any general unsecured debt (i.e. trade debt or credit card debt) is paid.

priority claim

An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

proof of claim

A written statement and verifying documentation filed by a creditor that describes the reason the debtor owes the creditor money. (There is an official form for this purpose.)

property of the estate

All legal or equitable interests of the debtor in property as of the commencement of the case.

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Q

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R

reaffirmation agreement

An agreement by a chapter 7 debtor to continue paying a dischargeable debt (such as an auto loan) after the bankruptcy, usually for the purpose of keeping collateral (i.e. the car) that would otherwise be subject to repossession.

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S

schedules

Detailed lists filed by the debtor along with (or shortly after filing) the petition showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)

secured creditor

A creditor holding a claim against the debtor who has the right to take and hold or sell certain property of the debtor in satisfaction of some or all of the claim.

secured debt

Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

small business case

A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.

statement of financial affairs

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

statement of intention

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.

substantive consolidation

Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.)

341 meeting

The meeting of creditors required by section 341 of the Bankruptcy Code at which the debtor is questioned under oath by creditors, a trustee, examiner, or the U.S. trustee about his/her financial affairs. Also called creditors' meeting.

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T

transfer

Any mode or means by which a debtor disposes of or parts with his/her property.

trustee

The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

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U

U.S. trustee

An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Compare, bankruptcy administrator.

undersecured claim

A debt secured by property that is worth less than the full amount of the debt.

unliquidated claim

A claim for which a specific value has not been determined.

unscheduled debt

A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)

unsecured claim

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

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V

Voluntary transfer

A transfer of a debtor's property with the debtor's consent.

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W

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X

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Y

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Z

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Caswell County, NC: Bankruptcy By ZipCode
Filing Info for Caswell County, NC
  • How to File Bankruptcy in Yanceyville
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Bankruptcy Forms for North Carolina Middle District Bankruptcy Court
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Change Location

Current Location: Yanceyville, North Carolina, Caswell County

Caswell County Cities >

City Legal Guides for Caswell County

  1. Stoney Creek - 3,866
  2. Yanceyville - 3,767
  3. Pelham - 3,602
  1. Milton - 2,217
  2. Leasburg - 1,210
  3. Prospect Hill - 668

North Carolina Counties >

Counties in North Carolina

  1. Alamance County - 151,131 (Graham)
  2. Alexander County - 37,198 (Taylorsville)
  3. Alleghany County - 11,155 (Sparta)
  4. Anson County - 26,948 (Wadesboro)
  5. Ashe County - 27,281 (Jefferson)
  6. Avery County - 17,797 (Newland)
  7. Beaufort County - 47,759 (Washington)
  8. Bertie County - 21,282 (Windsor)
  9. Bladen County - 35,190 (Elizabethtown)
  10. Brunswick County - 107,431 (Bolivia)
  11. Buncombe County - 238,318 (Asheville)
  12. Burke County - 90,912 (Morganton)
  13. Cabarrus County - 178,011 (Concord)
  14. Caldwell County - 83,029 (Lenoir)
  15. Camden County - 9,980 (Camden)
  16. Carteret County - 66,469 (Beaufort)
  17. Caswell County - 23,719 (Yanceyville)
  18. Catawba County - 154,358 (Newton)
  19. Chatham County - 63,505 (Pittsboro)
  20. Cherokee County - 27,444 (Murphy)
  21. Chowan County - 14,793 (Edenton)
  22. Clay County - 10,587 (Hayesville)
  23. Cleveland County - 98,078 (Shelby)
  24. Columbus County - 58,098 (Whiteville)
  25. Craven County - 103,505 (New Bern)
  26. Cumberland County - 319,431 (Fayetteville)
  27. Currituck County - 23,547 (Currituck)
  28. Dare County - 33,920 (Manteo)
  29. Davidson County - 162,878 (Lexington)
  30. Davie County - 41,240 (Mocksville)
  31. Duplin County - 58,505 (Kenansville)
  32. Durham County - 267,587 (Durham)
  33. Edgecombe County - 56,552 (Tarboro)
  34. Forsyth County - 350,670 (Winston-Salem)
  35. Franklin County - 60,619 (Louisburg)
  36. Gaston County - 206,086 (Gastonia)
  37. Gates County - 12,197 (Gatesville)
  38. Graham County - 8,861 (Robbinsville)
  39. Granville County - 59,916 (Oxford)
  40. Greene County - 21,362 (Snow Hill)
  41. Guilford County - 488,406 (Greensboro and High Point)
  42. Halifax County - 54,691 (Halifax)
  43. Harnett County - 114,678 (Lillington)
  44. Haywood County - 59,036 (Waynesville)
  45. Henderson County - 106,740 (Hendersonville)
  46. Hertford County - 24,669 (Winton)
  47. Hoke County - 46,952 (Raeford)
  48. Hyde County - 5,810 (Swan Quarter)
  49. Iredell County - 159,437 (Statesville)
  50. Jackson County - 40,271 (Sylva)
  1. Johnston County - 168,878 (Smithfield)
  2. Jones County - 10,153 (Trenton)
  3. Lee County - 57,866 (Sanford)
  4. Lenoir County - 59,495 (Kinston)
  5. Lincoln County - 78,265 (Lincolnton)
  6. McDowell County - 44,996 (Marion)
  7. Macon County - 33,922 (Franklin)
  8. Madison County - 20,764 (Marshall)
  9. Martin County - 24,505 (Williamston)
  10. Mecklenburg County - 919,628 (Charlotte)
  11. Mitchell County - 15,579 (Bakersville)
  12. Montgomery County - 27,798 (Troy)
  13. Moore County - 88,247 (Carthage)
  14. Nash County - 95,840 (Nashville)
  15. New Hanover County - 202,667 (Wilmington)
  16. Northampton County - 22,099 (Jackson)
  17. Onslow County - 177,772 (Jacksonville)
  18. Orange County - 133,801 (Hillsborough)
  19. Pamlico County - 13,144 (Bayboro)
  20. Pasquotank County - 40,661 (Elizabeth City)
  21. Pender County - 52,217 (Burgaw)
  22. Perquimans County - 13,453 (Hertford)
  23. Person County - 39,464 (Roxboro)
  24. Pitt County - 168,148 (Greenville)
  25. Polk County - 20,510 (Columbus)
  26. Randolph County - 141,752 (Asheboro)
  27. Richmond County - 46,639 (Rockingham)
  28. Robeson County - 134,168 (Lumberton)
  29. Rockingham County - 93,643 (Wentworth)
  30. Rowan County - 138,428 (Salisbury)
  31. Rutherford County - 67,810 (Rutherfordton)
  32. Sampson County - 63,431 (Clinton)
  33. Scotland County - 36,157 (Laurinburg)
  34. Stanly County - 60,585 (Albemarle)
  35. Stokes County - 47,401 (Danbury)
  36. Surry County - 73,673 (Dobson)
  37. Swain County - 13,981 (Bryson City)
  38. Transylvania County - 33,090 (Brevard)
  39. Tyrrell County - 4,407 (Columbia)
  40. Union County - 201,292 (Monroe)
  41. Vance County - 45,422 (Henderson)
  42. Wake County - 900,993 (Raleigh)
  43. Warren County - 20,972 (Warrenton)
  44. Washington County - 13,228 (Plymouth)
  45. Watauga County - 51,079 (Boone)
  46. Wayne County - 122,623 (Goldsboro)
  47. Wilkes County - 69,340 (Wilkesboro)
  48. Wilson County - 81,234 (Wilson)
  49. Yadkin County - 38,406 (Yadkinville)
  50. Yancey County - 17,818 (Burnsville)
Currituck County Camden County Ashe County Gates County Alleghany County Hertford County Northampton County Surry County Warren County Pasquotank County Vance County Stokes County Granville County Person County Caswell County Rockingham County Halifax County Wilkes County Perquimans County Watauga County Chowan County Avery County Dare County Yadkin County Bertie County Franklin County Forsyth County Guilford County Alamance County Orange County Durham County Nash County Mitchell County Edgecombe County Caldwell County Yancey County Martin County Madison County Wake County Davie County Iredell County Tyrrell County Alexander County Dare County Washington County Davidson County Burke County Dare County McDowell County Randolph County Wilson County Chatham County Rowan County Pitt County Dare County Buncombe County Catawba County Haywood County Johnston County Beaufort County Hyde County Swain County Greene County Lee County Rutherford County Wayne County Cleveland County Harnett County Lincoln County Jackson County Graham County Henderson County Mecklenburg County Moore County Montgomery County Cabarrus County Stanly County Transylvania County Lenoir County Craven County Polk County Gaston County Pamlico County Macon County Cherokee County Sampson County Cumberland County Hyde County Jones County Clay County Hoke County Anson County Union County Duplin County Richmond County Carteret County Scotland County Onslow County Robeson County Bladen County Pender County Columbus County New Hanover County Brunswick County Brunswick County

Largest North Carolina Cities >

Largest North Carolina Cities

  1. Charlotte - 731,424
  2. Raleigh - 403,892
  3. Greensboro - 269,666
  4. Winston-Salem - 229,617
  5. Durham - 228,330
  6. Fayetteville - 200,564
  7. Cary - 135,234
  8. Wilmington - 106,476
  9. High Point - 104,371
  10. Chapel Hill - 87,971
  11. Gastonia - 85,249
  12. Greenville - 84,554
  13. Asheville - 83,393
  14. Concord - 79,066
  15. Jacksonville - 70,537
  16. Wake Forest - 65,491
  17. Hickory - 61,829
  18. Rocky Mount - 57,477
  19. Burlington - 49,963
  20. Wilson - 49,167
  21. Hendersonville - 47,527
  22. Huntersville - 46,773
  23. Winterville - 46,280
  24. Sandy Ridge - 45,672
  25. Kannapolis - 42,625
  26. Thomasville - 39,010
  27. Apex - 37,476
  28. Goldsboro - 36,437
  29. Salisbury - 33,662
  30. Indian Trail - 33,518
  31. Holly Springs - 33,071
  32. Monroe - 32,797
  33. Davidson - 32,786
  34. Mooresville - 32,711
  35. Newton - 32,264
  36. Lexington - 30,851
  37. Clayton - 30,712
  38. Kernersville - 30,386
  39. New Bern - 29,524
  40. Fort Bragg - 29,183
  41. Camp Lejeune - 29,111
  42. Sanford - 28,094
  43. Morganton - 28,058
  44. Matthews - 27,198
  45. Trinity - 26,604
  46. Shallotte - 26,545
  47. Statesville - 26,460
  48. Garner - 25,745
  49. Asheboro - 25,012
  50. FUQUAY VARINA - 24,906
  1. Cornelius - 24,866
  2. Lumberton - 24,839
  3. Candler - 24,582
  4. China Grove - 24,501
  5. Mount Airy - 24,334
  6. Roanoke Rapids - 23,144
  7. Mint Hill - 22,722
  8. Yadkin - 21,834
  9. Kinston - 21,677
  10. CL NAVAL HOSPITAL - 21,632
  11. Dallas - 21,436
  12. Henderson - 21,046
  13. Lenoir - 21,005
  14. Leaksville - 20,857
  15. Havelock - 20,735
  16. Richlands - 20,615
  17. Shelby - 20,323
  18. Lincolnton - 20,145
  19. Marion - 19,949
  20. Reidsville - 19,874
  21. Carrboro - 19,582
  22. Waynesville - 19,489
  23. Swansboro - 19,417
  24. Leicester - 19,148
  25. Arden - 18,821
  26. Elizabeth City - 18,683
  27. Clemmons - 18,627
  28. Morrisville - 18,576
  29. Deep River - 18,518
  30. Lewisville - 17,707
  31. Icard - 17,628
  32. Boone - 17,122
  33. Cherryville - 16,500
  34. Smithfield - 16,409
  35. Laurinburg - 15,962
  36. Albemarle - 15,903
  37. Rockingham - 15,745
  38. Swannanoa - 15,551
  39. Eden - 15,527
  40. Roxboro - 15,284
  41. Hope Mills - 15,176
  42. Washington - 14,838
  43. Cool Spring - 14,804
  44. Pleasant Grove - 14,677
  45. Franklin - 14,509
  46. Youngsville - 14,423
  47. Graham - 14,153
  48. North Albemarle - 14,046
  49. Stallings - 13,831
  50. Hillsborough - 13,809

100 Largest US Cities >

100 Largest US Cities

  1. New York, NY - 8,175,133
  2. Los Angeles, CA - 3,792,621
  3. Houston, TX - 3,075,388
  4. Phoenix, AZ - 2,972,357
  5. Chicago, IL - 2,695,598
  6. Brooklyn, NY - 2,504,700
  7. San Diego, CA - 2,259,481
  8. San Jose, CA - 1,661,105
  9. Manhattan, NY - 1,585,873
  10. Philadelphia, PA - 1,526,006
  11. Bronx, NY - 1,385,108
  12. San Antonio, TX - 1,327,407
  13. Dallas, TX - 1,197,816
  14. Sacramento, CA - 1,072,790
  15. Seattle, WA - 965,769
  16. Salt Lake City, UT - 932,320
  17. Miami, FL - 908,839
  18. Jacksonville, FL - 821,784
  19. Indianapolis, IN - 820,445
  20. San Bernardino, CA - 807,147
  21. San Francisco, CA - 805,235
  22. Fort Worth, TX - 791,745
  23. Austin, TX - 790,390
  24. Columbus, OH - 787,033
  25. Hempstead, NY - 759,757
  26. Charlotte, NC - 731,424
  27. Detroit, MI - 713,777
  28. Fresno, CA - 664,000
  29. El Paso, TX - 649,121
  30. Memphis, TN - 646,889
  31. Albuquerque, NM - 633,223
  32. Tampa, FL - 625,570
  33. Egypt Lake-Leto, FL - 625,570
  34. Baltimore, MD - 620,961
  35. Boston, MA - 617,594
  36. Ontario, CA - 615,598
  37. Washington, DC - 601,723
  38. Nashville, TN - 601,222
  39. Denver, CO - 600,158
  40. Milwaukee, WI - 594,833
  41. Portland, OR - 583,776
  42. Las Vegas, NV - 583,756
  43. Oklahoma City, OK - 579,999
  44. Tulsa, OK - 569,469
  45. Nashville-Davidson, TN - 545,524
  46. Orlando, FL - 539,261
  47. Atlanta, GA - 531,648
  48. Tucson, AZ - 520,116
  49. Arlington, TX - 491,713
  50. Brookhaven, NY - 486,040
  1. Staten Island, NY - 468,730
  2. Long Beach, CA - 462,257
  3. Kansas City, MO - 459,787
  4. Riverside, CA - 456,130
  5. Birmingham, AL - 455,278
  6. Mesa, AZ - 439,041
  7. Virginia Beach, VA - 437,994
  8. Tacoma, WA - 427,051
  9. Colorado Springs, CO - 416,427
  10. Oakland, CA - 411,480
  11. Omaha, NE - 408,958
  12. Raleigh, NC - 403,892
  13. Cleveland, OH - 396,815
  14. Bakersfield, CA - 393,778
  15. Honolulu, HI - 390,738
  16. Chandler, AZ - 388,838
  17. Minneapolis, MN - 382,578
  18. Wichita, KS - 382,368
  19. Inglewood, CA - 369,694
  20. Hayward, CA - 366,577
  21. Spokane, WA - 353,581
  22. New Orleans, LA - 343,829
  23. Stockton, CA - 343,203
  24. Compton, CA - 342,576
  25. Hialeah, FL - 342,086
  26. Country Club, FL - 342,086
  27. Anaheim, CA - 336,265
  28. Fremont, CA - 325,166
  29. Aurora, CO - 325,078
  30. Santa Ana, CA - 324,528
  31. Clearwater, FL - 319,594
  32. Saint Louis, MO - 319,294
  33. Whittier, CA - 316,911
  34. Modesto, CA - 312,842
  35. Pittsburgh, PA - 305,704
  36. Corpus Christi, TX - 305,215
  37. Cincinnati, OH - 296,943
  38. Oyster Bay, NY - 293,214
  39. Anchorage, AK - 291,826
  40. Toledo, OH - 287,208
  41. Saint Paul, MN - 285,068
  42. Murrieta, CA - 282,939
  43. Fort Lauderdale, FL - 282,219
  44. Newark, NJ - 277,140
  45. Greensboro, NC - 269,666
  46. Pasadena, CA - 268,040
  47. Greenville, SC - 263,637
  48. Plantation, FL - 261,673
  49. Buffalo, NY - 261,310
  50. Lexington, KY - 260,512

50 States >

50 State Bankruptcy Info

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  • South Carolina
  • South Dakota
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  • West Virginia
  • Wisconsin
  • Wyoming

Caswell County, NC: Law

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