Legal Question in Bankruptcy in North Carolina
If my parents are judgement proof should they still file Chapter 7?
1 Answer from Attorneys
How do you define "judgment proof" This is a conclusion based on the totality of circumstance. Such would include: 1. All of the individual's assets would be exempt in a Chapter 7 bankruptcy. 2. All of the individual's income is social security or other income not subject to garnishment.(wages cannot be attached in NC but are in other states) 3. Consideration of the particular state's garnishment statutes. 4. Any time a vehicle is owned free and clear, it is a target for a judgment creditor. 5. Who are the secured lenders, are the payments current or do you not mind losing the car or house to the secured creditor. The best way to proceed is to contact a bankruptcy or consumer lawyer and go over the entire situation. Tom Zimmerman