Chapter 13 Bankruptcy Stops Foreclosure

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott I’ve often referred to Chapter 13 bankruptcy as a tool.   And here’s one thing this tool is good for: Stopping Foreclosure. I got a call last night from a client whose home is scheduled to be sold at a foreclosure sale in a few days.  …

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What is Chapter 7 Bankruptcy? (O’Keefe, Part One)

Written by Charleston Bankruptcy Attorney, Russell A. DeMott This is another good video post done by my colleague at Bankruptcy Law Network, Kurt O’Keefe.   Kurt is a bankruptcy lawyer in Detroit, but the process he describes is the same here in South Carolina.   Kurt discusses the Chapter 7 process from filing the case…

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Bankruptcy Lawyer’s Fees: “How Much is It?”

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott It happened again today.   I got a call about “it.”   Specifically, the lady wanted to know how much “it” was.   What was the “it” she called about?   Well, she said she had a “simple” bankruptcy case and wanted to know how much “it”…

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How Long Will Bankruptcy Screw Up My Credit?

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Okay. I admit it.   The title’s a bit blunt even for me.   But this was one of the Google searches that brought a potential client to my site.   I feel a bit guilty for not answering this question yet, so this one’s for the…

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Domestic Support Obligations in Bankruptcy (Part Three)

Written by Charleston Bankruptcy Attorney, Russell A. DeMott In parts one and two of “Domestic Support Obligations in Bankruptcy,” I explained what a domestic support obligation was and that it’s something you can’t discharge in bankruptcy, regardless of whether you file a Chapter 7 or Chapter 13 bankruptcy. In this post, I’ll address the how…

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Domestic Support Obligations in Bankruptcy (Part Two)

Written by Charleston Bankruptcy Attorney, Russell A. DeMott In “Domestic Support Obligations in Bankruptcy (Part One),” I discussed the Bankruptcy Code’s definition of a domestic support obligation (we’ll call it a “DSO”).   In this post, I’ll address two important bankruptcy considerations regarding DSOs.   First, they are non-dischargeable in any chapter of the Bankruptcy…

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Domestic Support Obligations in Bankruptcy (Part One)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott At your bankruptcy hearing, you’ll be asked if you have a “domestic support obligation.”   Just what is such a thing? The term was introduced by our relatively new bankruptcy law, BAPCPA (“Bankruptcy Abuse Prevention and Consumer Protection Act”).     The definition is in §101(14A), which…

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South Carolina Bankruptcy Laws

Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott What Are South Carolina Bankruptcy Laws? From time to time clients ask me about filing bankruptcy under “South Carolina bankruptcy laws.”   It’s logical for them to ask this question because they live in places like Mt. Pleasant, Goose Creek, Summerville, or Charleston, South Carolina.  …

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What’s a Redemption?

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott There’s a term you hear in the car business all too often: “upside down.”   You’re upside down on your car loan when you owe more than the car’s worth.   With a procedure available in Chapter 7 bankruptcy called “redemption,” you can use this to your…

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