Debtors and the law

February 17, 2011 

Rob Schofield's Feb. 15 Point of View article on the dangers of changing North Carolina's wage garnishment policy was generally a thoughtful and thought-provoking piece. But as a member of the largest bankruptcy lawyers' association in North Carolina, I believe Schofield's implication that bankruptcy lawyers would welcome this change is patently false.

Bankruptcy debtors' lawyers have to make a living, but they also take enormous pride in their role as defenders of consumer rights. We would never condone or rejoice in anti-consumer changes to the law regardless of any incidental increase it might have on bankruptcy filings.

Schofield also misses the point as far as creditor collection is concerned: North Carolina already has a process for that. It's called execution of judgment and it allows creditors to execute against bank accounts and other assets once a debtor has been given the opportunity to claim his or her exemptions under state law. Non-human entities such as businesses do not have exemption rights.

Victoria Wright


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