Charlotte Chapter 7 Bankruptcy Attorney
A Decade of Bankruptcy Experience, Working Directly With You
At Law Office of Kimberly A. Sheek, I work directly with every client from the first call to the final discharge. You won’t be handed off to staff. Whether you’re dealing with mounting credit card debt, medical bills, or creditor harassment, I provide honest, informed guidance on whether Chapter 7 is the right path for you.
Contact me online or call (704) 842-9776 to request a free telephone consultation with a bankruptcy attorney in Charlotte.
What Debts Can Be Discharged in Chapter 7 Bankruptcy?
Chapter 7 is known as liquidation bankruptcy because it can clear all or most unsecured debt. Once a debt is discharged, you’re no longer responsible for it. There’s no repayment plan and no cap on the total amount of unsecured debt that can be eliminated. Filing also triggers an automatic stay, an immediate federal court order that stops creditor calls, wage garnishment, repossession, and foreclosure actions the moment your case is filed.
Debts that can be discharged in Chapter 7 bankruptcy include:
- Credit card debts
- Medical bills
- Debts from lawsuits
- Collection agency debts
- Overdue bills
- Personal loans
Certain obligations can’t be discharged, including child support, alimony, most student loans, and most back taxes. Understanding which of your debts are eligible is one of the first things I review during a free consultation.
How Do I Qualify for Chapter 7?
Not everyone qualifies for Chapter 7. To be eligible, your gross household income must fall below the median household income for a family of your size in North Carolina. This threshold is evaluated through the means test. You must also complete a government-approved credit counseling course before filing and attend a 341 meeting of creditors.
Two additional bars apply. If a prior bankruptcy case was dismissed within the last 180 days due to fraud or abuse, you can’t refile immediately. And if you previously received a Chapter 7 discharge, you must wait at least eight years before filing again.
If you don’t qualify for Chapter 7, Chapter 13 bankruptcy may still be an option. I can walk you through both and help you identify an appropriate path forward for your financial situation.
What Is the Means Test?
The means test was created under the Bankruptcy Abuse Prevention and Consumer Protection Act to prevent abuse of the Chapter 7 discharge. It compares your gross household income to the median household income for a family of your size in North Carolina, and your allowable expenses are also factored in. If your income falls below the state median, you generally pass. If it exceeds the median, a second step analyzes your disposable income to determine whether repayment is feasible.
Failing the means test doesn’t necessarily close the door on bankruptcy. Chapter 13 may still be available, and there are often nuances in how income and expenses are calculated that make a real difference. Call me for a free consultation and I’ll evaluate your situation directly.
North Carolina Bankruptcy Exemptions: What Property Can You Keep?
When you file Chapter 7, a bankruptcy trustee reviews your assets. North Carolina exemptions determine what’s protected. In practice, most filers keep everything they own: small household items, clothing, and furniture typically have little to no liquidation value. If your home equity and vehicle equity fall within the exemption limits, you can usually keep those too.
What Assets Are Exempt in North Carolina?
Chapter 7 allows for a number of exemptions. Key exemptions under North Carolina law include:
- Up to $35,000 in homestead equity, or $60,000 for some debtors age 65 and older whose deceased spouse previously co-owned the property
- Household furnishings, clothing, and similar goods up to $5,000, plus $1,000 per dependent
- Up to $25,000 for college savings accounts, with some exceptions
- Up to $3,500 in motor vehicle equity
- A wildcard of up to $5,000 from any unused portion of your homestead exemption, applied to any property
- Tools of the trade up to $2,000 in value for tools used in your own employment
Retirement accounts such as 401(k), IRA, and pension plans are generally fully protected, as are earned but unpaid wages. I can walk you through what you’re likely to keep and what to expect at each stage of the process.
Call (704) 842-9776 to request a consultation with a Chapter 7 attorney in Charlotte today!
Filing Chapter 7 Bankruptcy in Charlotte
Charlotte Chapter 7 cases are filed with the U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte Division. The 341 meeting of creditors is now conducted via video conference through the Zoom for Government platform. If the trustee requires an in-person appearance, it is held at 401 West Trade Street, Room 1400. At the meeting, the bankruptcy trustee reviews your application under oath and asks questions about your finances and assets. You’ll typically need a photo ID and your Social Security card. The meeting is usually brief, and most filers don’t appear in open court beyond it.
Before filing, you must complete a government-approved credit counseling program. A debtor education course is also required before your discharge is entered. U.S. Trustee-approved agencies serving the Charlotte area can be found through the Department of Justice website.
I am a member of the Western District of North Carolina bar and handle cases in the Charlotte Division, and I’m also admitted to the Middle District and Eastern District of North Carolina. In client matters including In re Hudgins, In re Story, and In re Washington, I obtained written court opinions in the Western District that helped shape bankruptcy law in North Carolina. That history with the court can translate into more informed representation for Charlotte clients navigating the state’s specific exemption rules and filing requirements.
Why Charlotte Clients Choose Law Office of Kimberly A. Sheek for Chapter 7
I have more than a decade of experience guiding clients through bankruptcy, and I’ve represented thousands of cases in the Charlotte area. I listen carefully and approach each case with solutions tailored to your short- and long-term financial interests. As a contributing author of the North Carolina Bankruptcy Practice Manual, including the Ninth Edition (2023), Eighth Edition (2018), and Seventh Edition (2012), I bring a depth of knowledge to every case that goes well beyond routine filing. I also speak regularly at the Annual Bankruptcy Institute and Western District of North Carolina continuing legal education programs, and I’ve obtained written court opinions that helped shape North Carolina bankruptcy law.
As your Charlotte Chapter 7 bankruptcy lawyer, I’m with you at every step. Your first telephone consultation is free.
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Ready to take the first step? Call (704) 842-9776 or schedule a consultation today.
Kimberly A. Sheek
Kimberly A. Sheek brings more than a decade of bankruptcy experience to every client she represents. She has been selected for the Super Lawyers® Rising Stars™ list in both 2013 and 2016 for Bankruptcy and Creditor/Debtor Rights Law, an honor extended to only 2.5% of North Carolina attorneys. A contributing author of the North Carolina Bankruptcy Practice Manual through its Ninth Edition (2023), she has also obtained written court opinions in the Western District of North Carolina that helped shape bankruptcy law in the state. Kimberly speaks regularly at the Annual Bankruptcy Institute and Western District of North Carolina continuing legal education programs. She is known for her personalized approach and her commitment to protecting her clients’ interests through negotiation, and when litigation is necessary, she is a prepared and aggressive advocate. See how she is qualified to represent you as your Charlotte Chapter 7 bankruptcy attorney.
How Is the Law Office of Kimberly A. Sheek
the Right Choice for You?
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Fast Results
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Over a Decade of Legal Experience
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Published Author & Speaker at Bankruptcy Seminars
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Attorney Who Works One-on-One With You
Hear From Our Happy Clients
At Law Office of Kimberly A. Sheek, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Thank You For Your Support!"Kim and Team have done a great job over the past few years helping me navigate this financial disaster brought on by divorce. They always kept me informed throughout the process and Carol kept me on track with my classes. Kim is very straight forward and was always responsive to my emails. Cause, I have 20 questions! Thanks Kim for helping me make some very important life decisions the past few months 2022! Who knew? If you had told me last year I'd be debt free, sold my house and a 680 credit score, i wouldn't believe it. Thanks to you I've landed on my feet. There is life after Chapter 13.K DavisCharlotte, NC
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"Kim did a Great job with my case!!!"Kim was Fantastic in assisting me with my bankruptcy case. I suffered a pulmonary embolism back in 2019 and deal with mild/moderate memory & retention issues and Kim was so incredibly understanding, helpful and considerate of my condition while assisting me through the emotionally challenging process of filing for bankruptcy. I am extremely grateful I found Kim and had her successfully guide me through this process. I Highly Recommend Kim to anyone having to file for bankruptcy. You will be so very glad you did!BSFLocust, NC
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"Amazing"Kimberly Sheek is an Amazing Attorney to work with. She is pleasant very patient and turn around time is awesome. She is passionate about her job and she makes you feel like she cares . She returns calls promptly If I ever need an Attorney she will be my first call.Richard TaylorCharlotte, NC
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"Awesome Experience"Kimberly has truly been a pleasure to work with throughout my bankruptcy process. She is very sweet, patient, and honest. She truly made this process so much easier to deal with and she put my fears to rest. She always responds to calls and emails promptly and her turnaround time with my case was amazing! I highly recommend her if you’re in need of an attorney.Donna ClarkeCharlotte, NC
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"Of Course You Want The Best - Well Here She Is"My recent experience with Kimberly Sheek Law Office has been nothing but a positive one. I was very concerned about everything the bankruptcy process would entail. Mrs. Sheek was direct, detailed, always pleasant to speak with and always got back to me in a timely manner. She graciously walked me through every part of the process, clearly explaining my options, and clarified which steps I would need to take in order to cleanly go through with the legal proceedings. I highly recommend Mrs. Sheek to anyone in need of a Bankruptcy Attorney.MaryHuntersville, NC
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"Great attorney. Excellent service."Kim is an outstanding attorney she's very thorough in her work and in explaining bankruptcy proceedings I'm most grateful to her for helping me work through this issue and getting it behind me.M. WilliamsCharlotte, NC
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"NC"Kimberly A. Sheek is the best attorney ever! I was very nervous going into this bankruptcy procedure and had no idea what to expect. Kim assured me from day one that all would be well explained the procedures pretty much step by step to make sure I would be prepared. When I went to the creditors meeting, she came over and reassured me that I had nothing to worry about and she was right, as it took no more than 10 min at the most and went quite smoothly. I received my discharge papers right around the time she said I would. If you are looking for a qualified, smart, caring and educated BK Attorney, you cannot go wrong with Kim.Paulette B.Charlotte, NC
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"Good Experience"I was looking for a bankruptcy attorney for my daughter. Being new to the area I began searching the internet for one. After narrowing down my search, I selected Attorney Kimberly. When we met with her for the first time I felt confident that we had the right person. We were fearful going in but relaxed when we left. I really liked how she worked with my daughter, explaining how the different laws work so that my daughter had all of facts before making a decison. Even later when we had questions, Attorney Kimberly returned our calls or sent us an email. If you are looking for someone that will put your mind to rest, knowledgeable, friendly and concerned about YOU then I suggest you hire Attorney Kimberly Sheek.A. ThomasCharlotte, NC