North Carolina Bankruptcy Law and Filing Requirements
The filing procedure and attendant laws, rules, and policies have changed over the last several years. Attorneys and law firms may file via the court's electronic filing system 24 hours a day, Monday mourning through Friday evening. Debtors who represent themselves (pro se) are not allowed to file online, yet may file computer generated documents via diskette at the clerk's office. All computer generated forms must comply with North Carolina bankruptcy laws, and are automatically screened for errors, omissions, and suspicious information.
After filing, the administrative timetable begins running, and all required documents, creditor lists, schedules and forms to be filed within 15 days of the original petition. Upon filing, all creditors automatically receive notice from the court. Any creditor who is omitted from the list of creditors is not affected by filing, and debts owed to omitted credit survive discharge regardless of reasons for omission.
The filing procedure is included in both the Code and North Carolina Local Rules established by federal courts within the state. Local rules change often, without notice. Each debtor who files in North Carolina must verify the proper filing procedure to avoid dismissals. If represented by an attorney, this task of course will be performed for your as part of your comprehensive legal representation.
