What If I Need A New Car While I Am In A Chapter 13 Bankruptcy?

/1 Comment/in , , /by

Car Keys | New Vehicle in Chapter 13 BankruptcyMany times during a Chapter 13 bankruptcy the debtor will need to purchase a new vehicle.  A Chapter 13 is usually between three to five years in length.  During this time, it is common for a vehicle to begin having mechanical problems and sometimes need to be replaced with another, newer, vehicle. Should you need to purchase or replace a vehicle while you a?re in a Chapter 13 bankruptcy, it is very important  you contact your bankruptcy attorney in advance so that he or she can discuss the process with you.

In the event you need to purchase or replace a vehicle while you? are in a Chapter 13 bankruptcy, you will need to obtain approval to incur debt from the Chapter 13 Trustee and/or Court.

Request for Credit Authorization for the Bankruptcy Trustee

This is done by submitting a Request for Credit Authorization to the Trustee. The Bankruptcy Court permits the Trustee to approve credit authorization requests up to a certain loan amount (the maximum loan amount varies depending on the state and district your bankruptcy case was filed.) Your attorney will provide you with the information and necessary forms needed in order for you to obtain approval from the Trustee. In addition to completing a Request for Credit Authorization form, you will also be required to amend your budget.

Motion to Incur Debt with the Bankruptcy Court

If you are trying to obtain above a certain amount of debt to purchase a vehicle then must obtain permission from the bankruptcy court. To file a Motion to Incur Debt you need to communicate with your bankruptcy attorney and ensure they have the information they need to appropriately file the motion. Usually your attorney will need to know the amount you are looking to finance, the interest rate on the loan, the monthly payment and the time period you will be paying the loan back for.

A few important things for you to keep in mind should you need to obtain credit authorization approval from the Trustee or file a Motion to Incur Debt with the bankruptcy court is that he/she will be checking to see if you are current on your Chapter 13 plan payments and will be reviewing your amended budget to see if you can afford the new car and have the ability to make the new vehicle payments. You also will need to show having a new(er) vehicle is important to the success of your Chapter 13 plan. If the financing you are seeking to obtain for new vehicle within a Chapter 13 bankruptcy is reasonable then the Trustee or courts will almost always approve your financing request. Your bankruptcy lawyer can help walk you through the process of obtaining financing for a new vehicle.

What Is A Form 63 in Workers’ Compensation?

/in , , , , /by

North Carolina Industrial Commission Form 63 is the Notice to Employee of Payment of Compensation Without Prejudice or Payment of Medical Benefits Only Without Prejudice.

This form is submitted to the NCIC when an employer provides payments and/or medical benefits to an employee.  By filing this form, the receipt of payment or medical benefits from the employer does not necessarily end the investigative process or mean that the employer accepts liability. The benefits can be provided while an investigation is still ongoing. By submitting this form, an employer is not automatically accepting guilt or liability by providing benefits to the employee.

What Is A Form 62 in North Carolina Workers’ Compensation?

/in , , /by

North Carolina Industrial Commission (NCIC) Form 62 is the Notice of Reinstatement or Modification of Compensation. If under any circumstances the payment of total or partial disability benefits have been suspended this form must be completed and submitted to the NCIC. A copy must also be provided to the employee and his or her attorney of record. On the form the employer will record the amount of compensation to be paid and the reason for reinstating payment.

What Is A Form 25N In A North Carolina Workers' Comp Case?

/in , , /by

StethescopeForm 25N is a form used by the North Carolina Industrial Commission regarding the assignment of a Rehabilitation Professional.  This is usually a registered nurse, who must be qualified according to North Carolina Industrial Commission Rehabilitation Rules.  Once the Rehabilitation Professional has been assigned pursuant to Rule 25N, the Rehabilitation Professional becomes a type of “case manager” for the injured worker and coordinates their medical and vocational rehabilitation.

The Rehabilitation Professional must make independent and professional judgment regarding the plan for the rehabilitation of the injured worker.  The Rehabilitation Professional is not allowed to be a direct care giver for the injured worker, but assist and coordinates with the treating physicians and other care givers.

What Is A Form 30 In A North Carolina Workers Compensation Case?

/in , , /by

EKG ImageForm 30 is an Agreement for Compensation for Death. This form is used when an employee passes away because of an accident at work and his or her dependents or next of kin are petitioning for compensation for the deceased. Each dependent or next of kin, the plaintiff’s attorney, employer and insurance carrier or administrator must agree to the information provided and all of their signatures are required on this form. All parties must agree the employer and deceased employee were bound by provisions of the North Carolina Workers’ Compensation Act.

The date of the employee’s accident and the date of their death must be included, along with the average weekly wage of the employee and their weekly compensation rate. All the dependents or next of kin who are entitled to receive compensation must be listed on this form. If they are not listed on the form they may not receive future compensation. They must provide their name, address, date of birth, age, relationship and indicate if they are a whole or partial dependent or next of kin to the deceased.

The employer and carrier must then state the weekly rate they are going to pay the dependents or next of kin and how long they will pay it for. Depending on if the dependents or next of kin are a widow/widower, widow/widower with minor children, minor children only, whole dependent other than widow/widower or minor children or partial dependent will determine how long and the amount that they would receive.  Everyone except the partial dependent will receive the weekly rate that was previously listed and the partial dependent will receive the weekly rate multiplied by the percentage of support provided by the deceased.

All parties must also agree that the widow/widower was or was not able to support themselves after the death because of physical or mental disability and if they will or will not continue to receive benefits during their lifetime or until remarriage.  The employer and its carrier also agree to pay burial expenses and must list the amount they are agreeing to pay.

A Form 30 must be submitted to the Industrial Commission along with a completed Form 30D Award Approving Compensation for Death. Several other documents, if appropriate, must also be submitted to the Commission along with the completed Form 30. These documents are the death certificate, marriage certificate, divorce decree, birth certificate if a minor, Form 42 Application for Appointment of Guardian Ad Litem and Form 29 Supplemental Report for Fatal Accidents.

If a loved one has been killed in a workplace accident it is critical you speak with a qualified workers’ compensation attorney before signing any documents. At Duncan Law we offer a free, no strings attached, consultation where we can sit down with you and other loved ones and discuss which route will ensure you and your family maximize the amount of compensation you can recover.

What is a Form 61 in North Carolina Workers’ Compensation?

/in , , , , /by

North Carolina Workers' Compensation Questions

North Carolina Industrial Commission Form 61 is the Denial of Workers’ Compensation Claim. If the employer finds reason to deny the employee’s workers’ compensation claim, this form must be submitted to the North Carolina Industrial Commission (NCIC) as well as providing copies to the employee, the employee’s attorney (if applicable) and any healthcare providers that have submitted medical bills to the employer.

The employer must be very specific in providing the reason for their denial of the claim. If certain reasons are omitted from the form and the denial is then challenged, those reasons for denial that were not reported may be excluded from the challenge hearing. If an employee receives a Form 61 from their employer and wishes to challenge the decision to deny their claim, they may do so by submitting a Form 33.

Welcome Back Melissa Duncan!

/in , /by

As many of you know, we are a family run law firm. Over the past 12 weeks we have missed Melissa Duncan as she stayed home with her and Damon’s first child, Brooks. Although we know it’s going to be tough to be away from Brooks, we are excited to have you back in the office and Brooks will be proud of the great work you do for your clients!

Welcome Back Melissa Duncan!

 

 

 

 

 

 

Love,

Damon, Terry, Rose, Emily, Melissa S., Terri F., Tracy, Jordan

What is Form 18B in a North Carolina Workers Compensation Case?

/in , , /by

Workers' Compensation Doctor Looking at X-RayForm 18B is titled Claim by Employee, Representative or Dependent for Benefits for Lung Disease. This form is to be filled if an employee has been diagnosed with lung disease that was caused by employment and wants benefits for it.  In this case, lung disease includes asbestosis, silicosis and byssinosis. They must include the date of diagnosis, provide the doctor who made the diagnosis and attach all pertinent medical records for the diagnosis. This is similar to a traditional Form 18 but, instead, is intended only for the purposes of cases resulting in lung disease.

The employee must disclose the place of employment that they were working at that pertains to the diagnosis of the lung disease. They must also include their employment history for every job where exposure may have occurred so that the Industrial Commission can check into each of them. It is important in cases like this that the place of employment that caused the lung disease be properly determined because they will be the ones issuing the benefits to the employee.

The employee must also disclose the name and address of every doctor and/or hospital that they had been treated in for the 20 years prior to the diagnosis. They must also put for what purpose they were treated if they know. Signing this form gives any of those doctors and hospitals to release any medical records to parties that are reviewing their workers compensation claim. It is very important that this form is filed out correctly so that anyone reviewing the claim knows which physicians they need to be in contact with.

As with all other forms dealing with a worker’s compensation claim, the original of this form must be returned to the Industrial Commission. A copy of the signed form should be furnished to their employer and they employee should of course keep a copy of the completed form for their records.