Winston-Salem, North Carolina - Bankruptcy & Debt Relief
Top 10 Bankruptcy Lawyers in Winston-Salem, NC
Ten Winston-Salem bankruptcy firms that handle Chapter 7 and Chapter 13 - plus what filing costs, how the means test works, and which debts you can actually wipe out.
Updated November 14, 202511 min readEditorially independent
If you are drowning in debt in Winston-Salem - garnishments, a foreclosure notice, calls you have stopped answering - bankruptcy is a legal reset, not a moral failure. The two common consumer chapters do different jobs. Chapter 7 wipes out qualifying unsecured debt like credit cards and medical bills in about three to four months, but you have to pass a means test based on your income. Chapter 13 sets up a three-to-five-year repayment plan that can stop a foreclosure and let you catch up on a mortgage or car, which is the right tool when your income is too high for Chapter 7 or you want to keep secured property.
Winston-Salem cases are filed in the U.S. Bankruptcy Court for the Middle District of North Carolina, which holds hearings for the Winston-Salem and Greensboro divisions. The moment you file, an automatic stay stops most collection - garnishments, repossession, foreclosure sales, and collection calls have to pause. Getting the chapter and the timing right is where a good lawyer earns the fee, because filing the wrong chapter or missing an exemption can cost you property you could have kept.
We assembled this list from peer-reviewed directories - Justia, Avvo, Super Lawyers, Martindale-Hubbell, and Expertise.com - and confirmed each firm has a real consumer bankruptcy practice serving Forsyth County. Nearly all of them offer a free first consultation, so call two or three, bring your income and debt numbers, and compare how clearly each one tells you which chapter fits.
How we picked these 7: We cross-referenced peer rankings and directories (Best Lawyers, Super Lawyers, Avvo, Martindale-Hubbell, Justia, Expertise.com, FindLaw) and each firm's own published practice pages. Every firm below appeared in at least two independent sources and has a verifiable Winston-Salem-area bankruptcy practice. We do not accept payment for placement, and we do not write sponsored reviews. More on our methodology →
1
Schollander Law Offices
Bankruptcy since the 1980sFree consultationChapter 7 & 13
Practice focus: Chapter 7 and Chapter 13 consumer bankruptcy
Founded by Wendell Schollander in the late 1980s, this Winston-Salem firm has guided decades of clients through Chapter 7 and Chapter 13. Wes Schollander was named to North Carolina Legal Elite for bankruptcy.
Why they made the list: A strong pick for a straightforward consumer filing - long local track record and clear flat-fee Chapter 7 pricing.
Practice focus: Chapter 7 and Chapter 13 bankruptcy
Duncan Law is a family-owned firm with offices in Winston-Salem, Greensboro, and Charlotte, focused on consumer bankruptcy and related debt relief.
Why they made the list: Worth a call if you want a firm that handles a high volume of NC consumer filings and can take much of the Chapter 13 fee through the repayment plan.
Practice focus: Consumer Chapter 7 and Chapter 13 filings
Cameron Bankruptcy Law concentrates on Chapter 7 and Chapter 13 filings for clients in Winston-Salem and Raleigh, with attorney Sheree Cameron handling consumer debt cases.
Why they made the list: A focused choice when you want a lawyer whose practice is bankruptcy and nothing else.
Business & consumer bankruptcyFree consultationEstablished firm
Practice focus: Bankruptcy, debt restructuring, and reorganization
Ivey McClellan's bankruptcy attorneys serve Winston-Salem clients and can help structure a plan to avoid court where possible, or guide a full Chapter 7 or 13 when filing is the right move.
Why they made the list: A good option if your situation mixes consumer and small-business debt and you want a firm comfortable with both.
Practice focus: Chapter 7 and Chapter 13 debtor representation
This established Winston-Salem firm represents debtors filing under Chapters 7 and 13 as part of a broader civil practice.
Why they made the list: Worth considering if you want bankruptcy handled inside a full-service firm that can also help with related real estate or family issues.
Practice focus: Consumer bankruptcy, foreclosure, and repossession
Since 2004, founder Wendy H. James has focused on helping Winston-Salem-area clients facing foreclosure, repossession, or overwhelming credit card and medical debt file for bankruptcy.
Why they made the list: A solid pick when foreclosure or repossession is the immediate threat and you want a lawyer who handles those daily.
Practice focus: Consumer Chapter 7 and Chapter 13 bankruptcy
The Vrsecky Law Firm handles consumer bankruptcy for Winston-Salem-area clients, walking them through the means test, exemptions, and the right chapter for their income.
Why they made the list: A reasonable local option for a standard consumer filing with direct attorney contact.
Tell us what you are facing - garnishment, foreclosure, or just debt you cannot climb out of - and we'll connect you with a Winston-Salem bankruptcy attorney who can tell you which chapter actually fits.
How to choose between them in Winston-Salem
Match the chapter to your goal, not just your income. Chapter 7 erases qualifying debt fast if you pass the means test. Chapter 13 reorganizes and can stop a foreclosure or save a car. A good Winston-Salem lawyer tells you which fits in the first call - and why.
Ask how the fee is split between Chapter 7 and 13. Chapter 7 is usually a flat fee paid before filing. In Chapter 13, much of the attorney fee is often paid through your court-approved repayment plan, which changes what you owe up front.
Confirm they will protect your exemptions. North Carolina exemptions can shield your home equity, a vehicle, and household goods. The lawyer's job is to claim them correctly so you keep what the law lets you keep.
Favor a firm that files regularly in the Middle District. Local familiarity with the Winston-Salem and Greensboro trustees and the court's procedures keeps your case moving and avoids preventable hearings.
Be honest about everything you own and owe. Hiding an asset or a recent transfer can sink a case. The right lawyer wants the full picture so nothing surprises the trustee.
What bankruptcy help typically costs in Winston-Salem
Bankruptcy fees in Winston-Salem come in two parts: the attorney fee and the court's filing fee. Rough ranges:
Chapter 7 attorney fee: Commonly $1,000 to $1,800 flat for a typical consumer case, paid before filing.
Chapter 13 attorney fee: Often $3,000 to $4,500, much of it paid through the repayment plan rather than up front.
Court filing fee: About $338 for Chapter 7 and $313 for Chapter 13, set by federal courts.
Credit counseling: A required pre-filing course runs roughly $10 to $50; a second debtor-education course is similar.
If money is too tight to pay a Chapter 7 fee up front, ask about Chapter 13 fee structures or payment arrangements - some firms can work with you. Beware anyone who quotes a price without first reviewing your income, debts, and assets; a real quote depends on your numbers.
How long it takes
How long bankruptcy takes depends entirely on the chapter:
Filing to automatic stay: Immediate. The moment your case is filed, most collection - garnishments, calls, foreclosure sales - must stop.
Chapter 7 discharge: Typically 3 to 4 months from filing to the order wiping out qualifying debt.
Chapter 13 plan: A 3-to-5-year repayment plan, with discharge of remaining qualifying debt at the end.
Meeting of creditors: About 3 to 5 weeks after filing in both chapters - a short, usually routine hearing with the trustee.
Red flags to watch for when hiring a bankruptcy lawyer in Winston-Salem
Guaranteed outcomes. No ethical attorney can promise a specific result. If a firm guarantees a win, a number, or a court ruling, walk away.
The disappearing senior partner. You meet a named partner at intake, then never hear from them again while an unsupervised junior runs the file. Ask in writing who handles your matter day to day.
Pressure to sign on the spot. Reputable firms give you the engagement letter in writing and time to read it. High-pressure intake is a volume-mill signal.
No verifiable track record. Look for named results, peer rankings, board certifications, or bar recognition — not "we have helped thousands of clients."
Vague fees. Every legitimate firm will put the fee structure, what is covered, and what triggers extra charges in a written engagement letter.
10 questions to ask in your free consultation
Most of the firms on this list offer a free or low-cost initial call. Use it. Bring a written list and write down the answers, then compare across two or three firms before you sign anything.
Who, specifically, will handle my matter day to day? Get a name and a direct email, not just the firm.
How many matters like mine have you handled in the last three years? You want a number, not a brochure line.
What is your fee, and what does it cover? Get the structure in writing before you sign.
What out-of-pocket costs am I responsible for, and when? Filing fees, records, and experts add up - ask now.
What is the realistic range of outcomes? A good lawyer gives a range; a weak one promises the high end.
How long will this take? An honest estimate, with the assumptions stated.
What is my deadline, and is it at risk? Many bankruptcy matters carry hard filing deadlines.
How often will I hear from you? Set the communication cadence now.
What can I do to help my own case? The best lawyers will give you homework.
What is the worst-case outcome? A lawyer who refuses to discuss downside risk is selling you something.
What to bring to your Winston-Salem consultation
You will get more out of the first call if you arrive organized. For most bankruptcy matters, gather:
A short written timeline. Dates, names, and what happened, in order.
The key documents. Any contracts, letters, agreements, court orders, or filings you have received.
Your correspondence. Relevant emails, texts, or messages - and do not delete anything.
Any deadlines you know about. A court date, a signing deadline, or an agency notice.
Your questions. The 10 above are a good place to start.
If you are not sure whether something is relevant, bring it anyway. It is easier for a lawyer to set aside what does not matter than to chase down what you left at home.
Talk to a vetted Bankruptcy attorney in Winston-Salem
Tell us about your situation. We'll match you with one of these firms or a similar one. Free, confidential, no obligation.
Frequently asked questions about bankruptcy lawyers in Winston-Salem
Should I file Chapter 7 or Chapter 13 in Winston-Salem?
Chapter 7 erases qualifying unsecured debt in a few months if you pass the means test. Chapter 13 sets up a 3-to-5-year repayment plan and is used when your income is too high for Chapter 7 or you need to stop a foreclosure. A lawyer can tell you which fits after reviewing your numbers.
What does bankruptcy cost in Winston-Salem?
Chapter 7 attorney fees commonly run $1,000 to $1,800 plus a $338 court fee. Chapter 13 fees are often $3,000 to $4,500, much of it paid through the repayment plan, plus a $313 court fee.
Will bankruptcy stop wage garnishment?
Usually yes. Filing triggers an automatic stay that halts most garnishments immediately, though some obligations like child support are not stopped.
Which debts can bankruptcy wipe out?
Credit cards, medical bills, and most other unsecured debts. It generally cannot erase child support, most student loans, or recent tax debt.
Where are Winston-Salem bankruptcies filed?
In the U.S. Bankruptcy Court for the Middle District of North Carolina, which serves the Winston-Salem and Greensboro divisions.
Do I have to take a credit counseling course?
Yes. Federal law requires an approved credit counseling course before filing and a debtor-education course afterward. Each is short and inexpensive.
Can I keep my house and car?
Often yes. North Carolina exemptions can protect home equity and a vehicle, and Chapter 13 is designed to help you catch up on a mortgage or car loan. Your lawyer claims the exemptions that apply.
How long does bankruptcy stay on my credit?
Chapter 7 reports for up to 10 years and Chapter 13 for up to 7, but many people start rebuilding credit within a year or two of discharge.
One last thing. Choosing a lawyer is personal. Read the reviews. Call two or three firms before you sign. Ask each one: How many matters like mine have you handled in the last three years? The answer tells you a lot. — The LawFirmSquare team
LawFirmSquare is a directory. We do not represent clients or refer cases for a fee.
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