Lynn Ellen Coleman

I offer personal, compassionate assistance with debt and consumer law issues to persons in the Piedmont Triad area of North Carolina.

Foreclosure Defense

Bankruptcy

Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

• Collections Defense
• Student Loan Law
• General Civil

• Skype
• Zoom
• WebEx

• Free Consultation
  I offer a free online or telephone consultation.
• Credit Cards Accepted
  Debit cad only for bankruptcy. Credit card (all major cards) for other areas.
• Contingent Fees
  For certain consumer law cases only.
• Rates, Retainers and Additional Information
  I offer flat fees, contingency fees, and hourly fees depending upon the nature of the case.

North Carolina

Since 2000

Texas

1986-2000

St. Mary's University School of Law

J.D. | Law

1983 - 1986

Trinity University

B.S. | History, Political Science

1979 - 1982

North Carolina State Bar

Member

Current

National Association of Consumer Advocates

Member

2010 - Current

National Association of Consumer Bankruptcy Attorneys

Member

2009 - Current

North Carolina Bar Association

Member

1999 - Current

Q. Mother filed bankruptcy in 11/21/2014 she been making payments on house since then now I found out house under bankruptc

May 25, 2023

A: All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who filed her bankruptcy with any specific questions or if that attorney is not available, she should have a specific private consultation with another bankruptcy attorney who can look over the records concerning what type of bankruptcy it was, etc. If she's trying to refinance and the lender says she cannot because she did not "reaffirm" the mortgage in the bankruptcy - she needs to go apply with a different lender for the refinance. The bankruptcy judges in North Carolina do not approve reaffirmation agreements on mortgages, but the banks will lie and claim they cannot do a refinance because no reaffirmation was done. Reaffirmations are required in a few other parts onthe country, but are not required in North Carolina.

Q. Husband got notice of right to have exemptions designated. House is in my name. Bought pre marriage. Can they seize it?

May 10, 2023

A: If your name is the only name on the DEED (not the mortgage), your husband does not list the house on his Motion To Claim Exempt Property because he does not own it. The judgment is NOT a lien on the house. If you pass away and he inherits the house, THEN the judgment will become a lien on the house. Your husband needs to take care of this judgment sooner, rather than later, to avoid having this issue come up. If he cannot afford the payment plans offered by Discover's lawyers, he needs to see a consumer bankruptcy attorney. Filing bankruptcy may be less expensive than settlement, and he will not have to pay income tax on the discharged debt. If you do not have a will, you need to make one and devise the house to persons other than your hsuand to avoid this potential. Even if he has just a life estate in the house, the judgment will attach to his interest in the house when you pass and this could make things very complicated. The better thing to do would be to pay the judgment or file bankruptcy. You never know, you could have an accident tomorrow and unexpectedly pass away. People put their head in the sand about judgments, but they can be renewed for another 10 years if not paid in the first 10 years.

Q. I was served a civil warrant from a credit card company. I can't make the court date. Will I goto jail if I don't go?

April 26, 2023

A: If this lawsuit is in North Carolina, what you would be served is not called a warrant, it's called a summons and complaint. If the lawsuit was filed in Virginia this would be called a Warrant in Debt. Are you sure you posted your question in the correct state? If this is from six years ago, you may have legal defenses - so please reach out to Legal Aid ASAP for assistance or directly contact an attorney to review the paperwork to make sure you do not have any legal defenses. Many consumer bankruptcy attorneys offer free consultations and can review the paperwork you were served with to explain all of your options. Whether the case is in North Carolina or Virginia, you do not get put in jail if you do not go to court. If you do not show up to plead your defenses, they are lost and a judgment will be entered against you. If the lawsuit is in North Carolina District (not Small Claims) or Superior Court, you do not go to court in person on a specific date to respond - a written answer must be filed within 30 days after you were served. I'm not licensed in Virginia so I cannot advise about their procedures.