North Carolina Bankruptcy

Laws and resources vary from state to state. The following page provides information and resource links for the North Carolina bankruptcy filings.



If you are not looking for information regarding North Carolina, please use the links on the right to find information for your state.



North Carolina Bankruptcy Courts - Location and Contact Information

North Carolina bankruptcy courts are divided into three districts, which are further divided into several divisions. Generally, the debtor's county of residence will determine which district and division the bankruptcy petition is filed.  It may also be determined by the location of the debtor’s principal place of business or principal assets.



EASTERN DISTRICT OF NORTH CAROLINA

Counties of Jurisdiction:

Wilson Division - Edgecombe, Greene, Halifax, Nash, Horthampton, Wayne and Wilson Counties

Raleigh Division - Franklin, Granville, Harnett, Johnston, Vance, Wake and Warren Counties

Elizabeth City Division - Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank, Perqimans, Tyrrell and Washington Counties

Fayetteville Division - Cumberland, Robeson and Sampson Counties

New Bern Division - Beaufort, Carteret, Craven, Hyde, Jones, Lenoir, Martin, Onslow, Pamlico and Pitt Counties

Wilmington Division - Bladen, Brunswick, Columbus, Duplin, New Hanover and Pender Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Wilson
Division
U.S. Bankruptcy Court
1760-A Parkwood Blvd
Wilson, NC 27893

Same (252) 237-0248
Raleigh
Division
U.S. Bankruptcy Court
P.O. Box 1441
300 Fayetteville Street
Second Floor
Raleigh, N.C. 27602

U.S. Bankruptcy Court
P.O. Box 1441
Raleigh, N.C. 27602
(919) 856-4752
Elizabeth City Division
See information for Wilson Division.
Fayetteville Division
See information for Wilson Division.
New Bern Division
See information for Wilson Division.
Wilmington Divison
See information for Wilson Division.

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MIDDLE DISTRICT OF NORTH CAROLINA

Counties of Jurisdiction:

Durham Division - Chatham, Durham, Hoke, Lee, Moore, Orange, Person and Scotland Counties

Greensboro Division - Alamance, Caswell, Guilford, Montgomery, Randolph, Richmond and Rockingham Counties

Winston-Salem Division - Cabarrus, Davidson, Davie, Forsyth, Rowan, Stanly, Stokes, Surry and Yadkin Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Greensboro
Division
U.S. Bankruptcy Court
Federal Law Center
1st Floor
101 South Edgeworth Street
Greensboro, NC 27401
U.S. Bankruptcy Court
PO Box 26100
Greensboro, NC 27420

(336) 358-4000
Winston-Salem
Division
U.S. Bankruptcy Court
1st Floor
226 South Liberty Street
Winston Salem, NC 27101-5211
Same (336) 397-7785
Durham
Division
See information for Greensboro Division.

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WESTERN DISTRICT OF NORTH CAROLINA

Counties of Jurisdiction:

Asheville Division - Avery, Buncombe, Haywood, Henderson, Madison, Mitchell, Transylvania and Yancey Counties

Bryson City Division - Cherokee, Clay, Graham, Jackson, Macon and Swain Counties

Charlotte Division - Anson, Gaston, Macklenburg and Union Counties

Shelby Division - Burke, Cleveland, Lincoln, McDowell, Polk and Rutherford Counties

Wilkesboro Division - Alexander, Alleghany, Ashe, Caldwell, Catawba, Iradell, Watauga and Wilkes Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Asheville
Division
U.S. Bankruptcy Court
112 U.S. Courthouse
100 Otis Street, Rm. 112
Asheville, NC 28801-2611
Same
(828) 771-7300
Bryson City
Division
See information for Asheville Division.
Charlotte
Division
U.S. Bankruptcy Court
111 Charles R. Jonas Federal Bldg
401 West Trade Street
Charlotte, NC 28202
U.S. Bankruptcy Court
PO Box 34189
Charlotte, NC 28234-4189

(704) 350-7500
Shelby
Division
U.S. Bankruptcy Court
Same  
Wilkesboro
Division
U.S. Bankruptcy Court    

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North Carolina Bankruptcy Laws and Exemptions

North Carolina Exemptions

The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.

For North Carolina bankruptcy filings, state exemptions are used. Click here for some common bankruptcy exemptions under North Carolina law.

Contact a North Carolina bankruptcy lawyer for more information regarding North Carolina bankruptcy exemptions.

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North Carolina Means Test

The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:

1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).

2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .

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North Carolina Credit Counseling and Debtor Education Agencies

Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in North Carolina must:

1. take a credit counseling course from an approved North Carolina credit counseling provider within six months before filing bankruptcy - approved providers vary depending on district: Eastern District, Middle District, Western District; and

2. complete a debtor education course from an approved North Carolina debtor education agency prior to receiving a bankruptcy discharge - approved providers vary depending on district: Eastern District, Middle District, Western District.

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North Carolina Personal Bankruptcy Attorneys

To find North Carolina bankruptcy lawyers in your area, you may want to contact your local bar association or the North Carolina State Bar Association:

North Carolina State Bar Association
208 Fayetteville Street
PO Box 25908
Raleigh, NC 27611-5908
(919) 828.4620

Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Law Help North Carolina's website for a list of organizations that provide legal services to low income clients in North Carolina.

If you are concerned about the representation provided to you by a North Carolina bankruptcy attorney, see the NC State Bar Association's web page regarding disciplinary procedures.

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Resources for North Carolina Bankruptcy Laws

U.S. Bankruptcy Court for the Eastern District of North Carolina - administrative and procedural information for Eastern District of North Carolina bankruptcy filings

U.S. Bankruptcy Administrator for the Eastern District of North Carolina - oversees the administration of Eastern District of NC personal bankruptcy cases and case trustees

U.S. Bankruptcy Court for the Middle District of North Carolina - administrative and procedural information for Middle District of North Carolina bankruptcy filings

U.S. Bankruptcy Administrator for the Middle District of North Carolina (no website available; contact information available at www.uscourts.gov) - oversees the administration of Middle District of NC personal bankruptcy cases and case trustees

U.S. Bankruptcy Court for the Western District of North Carolina - administrative and procedural information for Western District of North Carolina bankruptcy filings

U.S. Bankruptcy Administrator for the Western District of North Carolina (no website available; contact information available at www.uscourts.gov) - oversees the administration of Western District of NC personal bankruptcy cases and case trustees

North Carolina State Bar Association - information about the North Carolina bar, membership, ethics, continuing legal education, and resources for the public.

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