Can Creditors Take My Retirement Funds? (Part Two)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In “Can Creditors Take My Retirement Funds ? (Part One)” I discussed the protection offered under both state and federal law for retirement assets such as pensions, 401(k)s, and IRAs.   As I noted in that post, retirement assets are–almost always–fully protected from the reach of creditors…

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Who is Filing Bankruptcy?

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott

Last   year over a million people filed bankruptcy.   Here’s a breakdown of the demographics of those filers.
Filing bankruptcy demographics 2008

The Bankruptcy Means Test (Part Three)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In part one and part two of The Bankruptcy Means Test, I explained the shaky foundation of the means test: Current Monthly Income, or CMI for short.   This post will address the issue of what happens when you pass the means test if you have above-median…

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Limits of Bankruptcy (What Bankruptcy Can’t Do)

Written by Summerville Bankruptcy Attorney, Russell A. DeMott If you’re considering filing bankruptcy, you need to know what bankruptcy can do for you.   You also need to have a clear understanding of what bankruptcy cannot do.   Some conduct can result in the bankruptcy court refusing to discharge your debts. Some debts are dischargeable,…

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Where is the Bankruptcy Court in Charleston?

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Whether you file a Chapter 7 or a Chapter 13 bankruptcy, you’ll have your bankruptcy hearing (also called a First Meeting of Creditors or 341 Hearing) in this building.   It’s the Sun Trust building on the corner of King and Queen Streets in Charleston. South Carolina…

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The Bankruptcy Means Test (Part Two)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott The means test analysis begins with calculating your current monthly income (“CMI”).   This is one of the many concepts I detest about our new bankruptcy law, the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”).   Despite its name, CMI isn’t really current monthly income.  …

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Can Creditors Take My Retirement Funds? (Part One)

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Clients are naturally concerned about their retirement funds.   And they should be.   All of us will get to the point in our lives when we can no longer work.   Our retirement savings, along with our Social Security, will be our sole sources of income.…

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Why so Much Bankruptcy? Why the Great Recession?

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott One of the things I’ve noticed lately is that most of my clients have a strong sense of guilt and confusion about their financial problems.   “How did I get here?” “Why is the economy so bad?”   “How is it that I need to file bankruptcy?”…

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Should I Try Credit Counseling? (Part Two)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In “Should I Try Credit Counseling? (Part One)” I  discussed the fact that credit counseling–and by this  I mean a debt repayment plan–is an appropriate solution for some clients in some situations.     If a client wants to try a debt repayment plan and has the…

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