The top-rated bankruptcy lawyer in Winston-Salem, North Carolina is McMinn, Fradin, Gray & Logan, rated 4.9 stars across 701 reviews. Other highly rated options include Collins Price, PLLC, Craige Jenkins Liipfert & Walker LLP, The Vrsecky Law Firm. This directory lists 16 bankruptcy lawyers serving Winston-Salem.
Comparison
| # | Name | Address | Phone |
|---|---|---|---|
| 1 | McMinn, Fradin, Gray & Logan | 1133 W 1st St | (336) 485-4907 |
| 2 | Collins Price, PLLC | 301 N Main St Suite 803 | (336) 793-9680 |
| 3 | Craige Jenkins Liipfert & Walker LLP | 110 Oakwood Dr # 300 | (336) 725-2900 |
| 4 | The Vrsecky Law Firm | 844 W 4th St | (336) 747-9800 |
| 5 | Hartsoe & Associates | 1068 W 4th St | (336) 725-1985 |
| 6 | Duncan Law, LLP | 514 S Stratford Rd #306A | (336) 245-4294 |
| 7 | Schollander Law Offices | 514 S Stratford Rd # 317 | (336) 727-0900 |
| 8 | Legal Aid of North Carolina-Winston-Salem office | 102 W 3rd St #460 | (866) 219-5262 |
| 9 | Bell Davis & Pitt P A | 100 N Cherry St | (336) 722-3700 |
| 10 | Bennett Guthrie, PLLC | 1560 Westbrook Plaza Dr | (336) 765-3121 |
McMinn, Fradin, Gray & Logan serves residents and businesses in the Winston-Salem metro area, offering legal guidance in bankruptcy matters. The firm helps clients navigate the process of seeking debt relief through federal bankruptcy laws. It assists individuals and companies in evaluating their financial situations and determining the appropriate chapter under which to file. Specific services include representation for Chapter 7 liquidation cases and Chapter 13 reorganization plans designed to manage repayment schedules.
Collins Price, PLLC provides a full range of bankruptcy legal services in Winston-Salem, North Carolina. It guides individuals and businesses through both Chapter 7 and Chapter 13 filings with thorough paperwork preparation. The firm assists clients in developing sensible plans to manage debt and regain financial stability. Debtors benefit from clear explanations of legal timelines and asset protection rules. This bankruptcy lawyer serves properties including single-family homes, apartments, retail spaces, and restaurants.
Craige Jenkins Liipfert & Walker LLP serves homeowners and small businesses in Winston-Salem, North Carolina, who are struggling with overwhelming debt. The firm provides representation in Chapter 7 and Chapter 13 bankruptcy cases, helping clients navigate the legal process of discharging unsecured debts or reorganizing payment plans. Its attorneys work to protect assets from creditor collection actions while guiding clients through court proceedings. The practice also covers the greater Piedmont Triad area, including nearby communities such as Kernersville.
The Vrsecky Law Firm offers one-time consultations for individuals evaluating their financial options as well as ongoing representation for those pursuing formal bankruptcy protection. Serving clients throughout the Winston-Salem area, the practice handles Chapter 7 and Chapter 13 filings, focusing on debt relief and asset management strategies. Assistance includes creditor communication, court document preparation, and discharge hearings. Services are provided on a case-by-case, as-needed basis rather than through retainer schedules or recurring maintenance plans.
Hartsoe & Associates provides bankruptcy law services in Winston-Salem, North Carolina, assisting individuals and businesses with debt relief options. The firm handles Chapter 7 liquidation and Chapter 13 repayment plan filings, guiding clients through the legal process of insolvency. Serving the local area, it offers consultations for those facing overwhelming financial burdens. With the new year approaching, many residents seek help managing post-holiday credit card debt and mounting bills before collection actions begin.
Filing for bankruptcy can be a difficult decision for homeowners and businesses in Winston-Salem, North Carolina. Duncan Law, LLP provides legal guidance for those seeking debt relief through Chapter 7 or Chapter 13 bankruptcy. The firm assists clients in understanding their options to help achieve a fresh financial start. Services include representing individuals facing foreclosure or overwhelming medical bills, as well as small businesses dealing with unmanageable debts. The firm also serves residents throughout the surrounding Piedmont Triad area, including the neighboring community of Kernersville.
As the financial pressures of the holiday season subside in Winston-Salem, many residents find themselves grappling with mounting credit card debt and past-due medical bills. Schollander Law Offices provides professional legal guidance in navigating the complexities of bankruptcy relief, focusing on practical debt solutions for local families and individuals. Their services include assessing eligibility for Chapter 7 or Chapter 13 filings while carefully protecting clients from aggressive collection actions. An initial consultation with the firm involves a thorough review of financial documents to determine the most suitable path toward a fresh start.
Legal Aid of North Carolina-Winston-Salem office serves Winston-Salem and the surrounding Piedmont Triad communities, handling personal and small business bankruptcy filings. It assists clients with Chapter 7 and Chapter 13 cases, providing legal guidance through the often complex process of debt relief. The team evaluates each client’s financial situation to determine the most appropriate filing. It then manages all necessary paperwork and court representation, working to help individuals and families obtain a fresh financial start from start to finish.
Bell Davis & Pitt P A provides legal representation for individuals and businesses facing financial challenges in Winston-Salem, NC. Its practice focuses on Chapter 7 and Chapter 13 bankruptcy filings to help clients manage debt and protect assets. The firm also handles related consumer bankruptcy matters to address evolving financial needs. It serves commercial sectors including offices, warehouses, and food service operations in the local area.
Bennett Guthrie, PLLC assists individuals in Winston-Salem with residential bankruptcy filings, guiding them through Chapter 7 or Chapter 13 processes for debt relief. The firm also offers commercial bankruptcy services for local businesses needing to restructure obligations or address creditor issues. Serving the greater Forsyth County area, the practice helps clients prepare necessary documentation and understand legal options. Existing clients often return for consultations regarding reaffirmation agreements or fresh starts following their initial case discharges between regular visits.
About bankruptcy lawyers in Winston-Salem
Bankruptcy law in Winston-Salem, North Carolina provides individuals and businesses a legal pathway to address overwhelming debt through federally supervised proceedings. The two primary chapters for individuals are Chapter 7, known as liquidation bankruptcy, and Chapter 13, a reorganization plan for those with regular income. Chapter 7 allows debtors to discharge most unsecured debts like credit cards and medical bills by selling non-exempt assets through a court-appointed trustee. Chapter 13 requires a three-to-five-year repayment plan based on disposable income, making it suitable for homeowners facing foreclosure or individuals with assets they wish to keep. Chapter 11, typically used by businesses, allows for reorganization of debts while continuing operations, though it is less common for individuals in Winston-Salem due to higher costs and complexity. Choosing the right chapter depends on your income, asset value, debt type, and long-term financial goals.
North Carolina has opted out of the federal bankruptcy exemption system, meaning residents must use state-specific exemptions when filing bankruptcy in Winston-Salem. The North Carolina homestead exemption protects up to $35,000 of equity in your primary residence, or $70,000 for married couples filing jointly. For vehicles, North Carolina allows a motor vehicle exemption of up to $3,500 in equity. The state also provides a wildcard exemption of $5,000 for any personal property, which can be applied to assets not covered by other exemptions. Additional exemptions include $5,000 for household furnishings, $2,000 for clothing, and unlimited protection for qualified retirement accounts such as 401(k)s and IRAs. These exemptions are codified in North Carolina General Statutes Chapter 1C-1601, and they determine what property you can keep during bankruptcy proceedings.
The means test is a critical calculation that determines eligibility for Chapter 7 bankruptcy in Winston-Salem. This test compares your average monthly income over the six months before filing to the median income for a household of your size in North Carolina. As of 2024, the median annual income for a single-person household in North Carolina is approximately $56,000, while a family of four has a median of about $80,000. If your income falls below these thresholds, you automatically qualify for Chapter 7. If your income exceeds the median, you must complete a detailed calculation of your allowable expenses to see if you have enough disposable income to repay a portion of your unsecured debts. The means test uses IRS-standard expense allowances for categories like housing, transportation, and food, not your actual spending. Those who fail the means test may still file Chapter 13, which requires a repayment plan based on their disposable income.
Filing bankruptcy in Winston-Salem triggers an automatic stay, which immediately stops most creditor collection actions, including phone calls, wage garnishments, foreclosure proceedings, and lawsuits. The automatic stay remains in effect throughout the case, providing breathing room to reorganize finances. From filing to discharge, a Chapter 7 case typically takes three to six months, while Chapter 13 cases last the duration of the repayment plan. Before filing, you must complete a mandatory credit counseling course from an approved agency, which usually costs $10 to $50. After filing, you must complete a debtor education course before receiving your discharge, which also costs $10 to $50. Failure to complete either course can result in case dismissal. The bankruptcy court in Winston-Salem is located at the Middle District of North Carolina courthouse, where all filings and hearings occur.
The costs of filing bankruptcy in Winston-Salem include court filing fees and attorney fees. The filing fee for Chapter 7 is $338, while Chapter 13 costs $313, payable to the bankruptcy court. Attorney fees for Chapter 7 typically range from $1,200 to $2,500 for a standard case, depending on complexity. Chapter 13 attorney fees are higher, often between $3,000 and $5,000, because of the extended case management required. Many Winston-Salem bankruptcy lawyers offer payment plans, allowing you to pay attorney fees in installments before filing. Some attorneys also accept credit cards. For those with limited income, pro bono resources are available through Legal Aid of North Carolina, which provides free bankruptcy assistance to qualifying low-income residents. The North Carolina State Bar also maintains a lawyer referral service that can connect you with attorneys offering reduced fees.
Life after bankruptcy involves rebuilding credit and understanding what debts remain. A Chapter 7 discharge stays on your credit report for 10 years from the filing date, while Chapter 13 remains for 7 years. During this time, you can begin rebuilding credit by obtaining secured credit cards, making timely payments on any reaffirmed debts, and keeping your credit utilization low. Some debts are not dischargeable in bankruptcy, including most student loans, recent income taxes (less than three years old), child support, alimony, and debts incurred through fraud. However, many people find that their credit score improves within two to three years post-discharge as they demonstrate responsible financial behavior. Bankruptcy does not prevent you from obtaining new credit, but interest rates may be higher initially. With consistent effort, you can achieve a healthy credit profile and move forward with a fresh financial start.
Frequently Asked Questions
What are the specific North Carolina bankruptcy exemptions for a Winston-Salem resident filing Chapter 7?
North Carolina requires residents to use state exemptions rather than federal ones. The homestead exemption protects up to $35,000 of equity in your primary residence, or $70,000 for married couples filing jointly. You can also exempt up to $3,500 in vehicle equity, $5,000 in a wildcard for any personal property, and $5,000 for household furnishings. These amounts are adjusted periodically for inflation, so check the current North Carolina General Statutes Chapter 1C-1601 for exact figures.
How much does a bankruptcy lawyer typically cost in Winston-Salem, North Carolina?
Attorney fees in Winston-Salem for a straightforward Chapter 7 case generally range from $1,200 to $2,500, plus the $338 court filing fee. Chapter 13 cases cost more, typically $3,000 to $5,000 in attorney fees, with a $313 filing fee. Many lawyers offer payment plans allowing you to pay fees over several months before filing. Some attorneys also offer flat-fee structures that include all court costs and required credit counseling.
How long does the bankruptcy process take from filing to discharge in North Carolina?
A Chapter 7 case in Winston-Salem typically takes three to six months from filing to discharge. After filing, you must attend a meeting of creditors (also called a 341 meeting) about 30 to 45 days later. The court then issues a discharge order approximately 60 to 90 days after that meeting. Chapter 13 cases last three to five years, as you must complete a court-approved repayment plan before receiving a discharge.
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