How To File Bankruptcy for Free in North Carolina
Filing Chapter 7 bankruptcy in North Carolina can give you a fresh start by eliminating credit card debt, medical bills, and payday loans. You can file without a lawyer by following the steps in this guide, from gathering documents to attending your 341 meeting. If your case feels complex, speaking with a bankruptcy attorney can provide guidance and reduce stress.
Get Free ConsultationFeeling overwhelmed by debt? You’re not alone. Bankruptcy helps many people get a fresh start by wiping out debts. Filing Chapter 7 bankruptcy in North Carolina can eliminate credit cards, medical bills, and payday loans.
This guide walks you through filing without paying thousands in legal fees. You’ll learn each step from gathering documents to attending your court meeting.
Not Sure If Chapter 7 Is Right for You?
Speak with a bankruptcy attorney for free to explore your debt relief options. Get personalized guidance on whether Chapter 7 or Chapter 13 bankruptcy fits your situation.
Talk to an AttorneyNote: This article focuses on Chapter 7 bankruptcy. It’s the most common option for people without much income or property.
Steps To File Chapter 7 Bankruptcy in North Carolina
Collect Your Bankruptcy Documents
You’ll need key financial documents to file bankruptcy. These are required:
- Tax returns from the past two years
- Paycheck stubs from the past 60 days
- A bank statement that includes your bankruptcy filing date
Other helpful documents include bank statements from the last 6-12 months, a recent credit report, creditor bills, and collection letters. You can get a free credit report weekly at AnnualCreditReport.com.
Take a Credit Counseling Course
Federal law requires an approved credit counseling class within six months before filing. You must submit your completion certificate to the bankruptcy court.
Bankruptcy administrators in North Carolina approve credit counseling providers. Each district maintains an approved provider list:
Course fees apply, but you may qualify for a fee waiver.
Complete the Bankruptcy Forms
Filing without a lawyer means you’ll complete bankruptcy forms yourself. These federal forms are the same nationwide and include instructions. Download free fillable PDFs from USCourts.gov.
Take your time with the forms. Ensure everything is completely filled out. Go one page at a time to avoid feeling overwhelmed.
Working with a bankruptcy attorney means they’ll complete forms for you using your information.
Get Your Filing Fee
The Chapter 7 filing fee is $338. Most courts require payment by cashier’s check or money order. Make it payable to “Clerk, U.S. Bankruptcy Court.” Courts typically don’t accept cash or personal checks.
Can’t afford the full fee? You have options:
- Fee waiver: If your income is below 150% of federal poverty guidelines, you may qualify for a complete waiver.
- Payment plan: Request to pay in smaller monthly installments over several months.
Once you file, the automatic stay goes into effect immediately. This protection stops most creditors from collecting debts, including wage garnishment, foreclosure, and car repossession.
Print Your Bankruptcy Forms
Print your completed forms on regular white letter-size paper (8.5″ x 11″). Use black ink and print single-sided pages only.
Sign everywhere a signature is required. Several spots need signatures and they’re easy to miss. Double-check you’re submitting all required forms since many look similar.
Make a copy of everything for your records if possible.
File Your Forms With the North Carolina Bankruptcy Court
North Carolina has three bankruptcy districts: Western, Middle, and Eastern. You’ll file where you live. Check this county list to find your district.
Filing without a lawyer usually requires submitting paperwork in person or by mail. The Eastern District allows online filing for pro se filers.
Hand-delivering forms is best when online filing isn’t available. The court clerk can check for missing or unsigned items before you leave.
Mail Documents to Your Trustee
After filing, the court assigns a case number and appoints a bankruptcy trustee. Your trustee reviews paperwork and oversees your case. The court schedules your creditors’ meeting and notifies you.
Send your trustee these documents at least seven days before your meeting:
- Your two most recent federal tax returns
- A bank statement covering your filing date
The trustee uses these documents to verify your forms are complete and accurate. Respond promptly to any requests to avoid delays.
Take a Debtor Education Course
You must complete a debtor education course to receive your discharge order. This course teaches basic money management skills for moving forward after bankruptcy. It’s different from the pre-filing credit counseling course.
Complete the course within 60 days of your creditors’ meeting. File your completion certificate with the court. You can take the course before or after the meeting.
Without completing this course and submitting the certificate, the court cannot discharge your debts. Your case could be dismissed.
Each district maintains approved provider lists:
Attend Your 341 Meeting
The 341 meeting, also called the meeting of creditors, happens about a month after filing. You won’t argue your case or speak to a judge. You’ll answer questions from your assigned trustee.
Most meetings happen via video conference, though some occur in person or by phone. Check your court paperwork to verify the location and format.
What to bring:
- Government-issued photo ID (driver’s license or passport)
- Proof of Social Security number (Social Security card, W-2, or pay stub with full SSN)
These documents are required. Without them, your meeting gets rescheduled.
Your creditors can attend but rarely do. Most meetings involve just you and the trustee. They typically last about 10 minutes.
Deal With Your Car
Many people worry about losing their car in bankruptcy. Often, you can keep it. Whether you keep your car depends on its value, whether you’re making payments, what you can afford, and your loan status.
If you own your car outright:
You can usually keep it if it’s worth less than North Carolina’s vehicle exemption. The exemption protects up to $3,500 of equity in one vehicle. Equity means your car’s value minus any loan balance.
If you have a car loan:
- Surrender the car: Return it to the lender and eliminate the remaining loan. This makes sense if the car is worth less than you owe or payments don’t fit your budget.
- Reaffirm the loan: Keep the car by entering a reaffirmation agreement. You’ll keep both the car and loan, staying responsible for future payments.
- Redeem the loan: Keep the car without the original loan terms by paying its current value in one lump sum. This helps when the car’s value is much less than you owe.
North Carolina Bankruptcy Means Test
Before filing bankruptcy in North Carolina, you’ll take the bankruptcy means test. The court compares your household income to North Carolina’s median income for your household size. If your income is below the median, you likely qualify for Chapter 7.
If your income exceeds the limits, you may still qualify. You’ll complete a second part subtracting necessary monthly expenses to calculate disposable income. Without enough left over to repay debts, you may still file Chapter 7. Otherwise, Chapter 13 bankruptcy might be your option.
North Carolina Median Income Standards
The median income standards for North Carolina vary by household size. Check the current year’s poverty guidelines to determine if you qualify for a fee waiver. Fee waivers are available when your income is under 150% of the poverty level.
North Carolina Bankruptcy Exemptions
Bankruptcy exemptions protect your property from being taken to pay debts. These laws help you keep things you need to live, like housing, a vehicle, and household items.
You can typically keep everyday belongings like clothes, furniture, appliances, and books. You can also protect your home and vehicle up to certain dollar limits. Certain retirement accounts or pensions are fully protected regardless of value.
North Carolina residents must use state exemptions. You cannot choose federal exemptions. Key North Carolina exemptions include:
- Personal property (furniture, electronics) protected up to $5,000. Add $1,000 per dependent, up to $4,000 maximum.
- Home equity protected up to $35,000, or $60,000 if you’re 65 or older and your spouse has passed away. Home equity is your home’s value minus what you owe.
- Wildcard exemption: If you don’t use the full homestead exemption, apply up to $5,000 of unused amount to protect other property.
These exemptions help you get debt relief while keeping what matters most.
North Carolina Bankruptcy Districts
North Carolina’s three bankruptcy districts have different filing requirements for submitting paperwork and attending hearings.
Western District of North Carolina
The Western District includes 32 counties with divisions in Charlotte, Statesville, and Asheville. Creditors’ meetings also occur in Shelby.
Submit your filing fee via certified check or money order to:
U.S. Bankruptcy Court
Western District of North Carolina
401 West Trade Street, Suite 2500
Charlotte, NC 28202
Phone: (704) 350-7500
Middle District of North Carolina
The Middle District includes 24 counties with offices in Greensboro, Durham, and Winston-Salem. Only Greensboro and Winston-Salem offices have bankruptcy clerks. The district offers a comprehensive guide for people filing without attorneys.
Courts are open Monday through Friday, 8:00 a.m. to 5:00 p.m. Fee payments and documents requiring fees aren’t accepted after 4:30 p.m.
Greensboro:
U.S. Bankruptcy Court
Clerk’s Office
101 S. Edgeworth St.
Greensboro, NC 27401
(336) 358-4000
Winston-Salem:
U.S. Bankruptcy Court
Clerk’s Office
226 S. Liberty St.
Winston-Salem, NC 27101
(336) 397-7785
Eastern District of North Carolina
The Eastern District includes 44 counties divided into five areas. The website offers a step-by-step guide and videos for people filing without lawyers.
Pro se filers can submit bankruptcy packages electronically. Once the court receives your online filing and confirms requirements are met, it assigns your case number. The automatic stay then goes into effect, protecting you from most debt collectors.
North Carolina Bankruptcy Lawyer Costs
Most bankruptcy lawyers charge flat fees for Chapter 7 cases. In North Carolina, fees typically range between $1,100 and $1,200, though they vary. Your final cost depends on case complexity and attorney experience.
If your situation feels complicated, working with an attorney may help. While hiring a lawyer can be expensive, professional support can reduce stress.
You can also speak with a bankruptcy attorney for free to explore your options.
North Carolina Legal Aid Organizations
North Carolina’s legal aid organization provides free or low-cost legal services for eligible individuals. If you can’t afford a lawyer but want help, contact:
Legal Aid of North Carolina, Inc.
(994) 884-3070
319 Chapanoke Road, Raleigh NC 27603