student loan probelms in bankruptcy

The Craziness of Student Loan (Non) Dischargeability

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Student loans are, practically speaking, almost non-dischargeable in bankruptcy.  The Bankruptcy Code and the law interpreting it says, in essence, that the debtor must be disabled and that he must prove he is–and will be–unable to repay the student loans. The fact that you paid a fortune…

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South Carolina Mortgage Help

South Carolina Foreclosure Help

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Many South Carolina homeowners need help avoiding foreclosure.  Fortunately, there’s a new program called the “South Carolina Homeownership and Employment Lending Program.”  That’s a mouthful, so just remember this web address: scmortgagehelp.com.  The program works through local agencies, and here in Charleston, that’s Family Services of Charleston,…

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reinventing yourself after bankruptcy

Life After Bankruptcy: The Mary Norton Story

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy is about new beginnings.  It’s about fixing problems plaguing your financial life. But what happens next?  How can you make sure your life improves and stays that way? Reinvent yourself Success depends largely on attitude.  The attitude needed really depends on what caused your bankruptcy.  Sometimes…

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bankruptcy influenced by money

Don’t Buy My Government!

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott A picture says a thousand words. Our government is supposed to be “of the people, by the people, and for the people.”  And by “people” I mean flesh and blood human beings, not “corporate citizens.”  As someone recently said, “I’ll believe a corporation is a person when…

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bankruptcy reaffirmations on houses

Should You Reaffirm Your Mortgage?

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Reaffirmation agreements and the law surrounding can be downright confusing.  In fact, the law on this topic is so bizarre that it reminds me of the saying, “truth is stranger than fiction.” Some background Prior to continuing to read this post, you need to do a bit…

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canadian bankruptcy

The Genius of the Canadian Bankruptcy System

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy lawyers spend almost all their time dealing with the law as it is.  After all, we’re not members of Congress. But as I deal with our bankruptcy law here in the U.S., I can’t help but wish it were different.  Our bankruptcy law changed in 2005…

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bankruptcy and auto repossessions

Don’t Shoot the Repo Man!

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy can help you stop repossession and even allow you to get your vehicle back after it’s been repossessed.  Shooting the repo man is not only a serious crime, it’s also unnecessary. Do some searches about repo men and shootings, and you’ll find that this is a…

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jewelry and sc bankruptcy

Will the Bankruptcy Trustee Take My Jewelry?

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott “The bankruptcy trustee will sell all your jewelry” isn’t an accurate statement about what happens when you file bankruptcy. Over the last few months, I’ve had a couple of clients with jewelry they valued at fairly high amounts or were uncertain about.  Because of this, I referred…

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calculator--chapter 13 plan calculation

What If I Forget to List a Debt in My Bankruptcy?

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Information on your bankruptcy schedules must be accurate.   And that includes listing all your debts. In fact, at your bankruptcy hearing you’ll be asked–under oath–if you listed all your creditors.   You can’t decide which debts to “file on.”   You must file on all debts,…

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