Written by Charleston Bankruptcy Lawyer, Russell A. DeMott “Meeting Your Bankruptcy Lawyer.” True, maybe I’ll be your bankruptcy lawyer, but I really don’t like the title of this post. It could just as well be, “Meeting Your Financial Messes Lawyer,” or something along those lines. Why? Because I may not recommend bankruptcy to…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is a tool of sorts. You can do some things in Chapter 13 you just can’t do in Chapter 7–stripping mortgages, for example.
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott This isn’t the first time I’ve written on bankruptcy and its effect on your credit score. In “How Long Will Bankruptcy Screw Up My Credit,” I addressed this topic. That post stresses that your credit score should not be your primary concern when you file…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy requires some work. Sure, you expect the bankruptcy lawyer to work, but there’s also some work that the client must do. The straight scoop If you take time to get to know me, you’ll discover that I’m, well, blunt. As subtle as a…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott When you meet with your bankruptcy lawyer, you’ll have to fill out a fairly lengthy questionnaire about your finances. Among other things, you’ll need to tell your lawyer about your assets–property you have which must be disclosed, valued, and, if possible, claimed as exempt. Some assets…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy changed significantly in 2005 with the advent of our new Bankruptcy Code. As I tell my clients, “Chapter 13 used to be a marathon; now, it’s an iron man contest.” Prior to the change in the law, Chapter 13 filers had to pay…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy–in Charleston or anywhere else–means money is tight. Bankruptcy also gives the “honest but unfortunate debtor” a fresh start. Debts are discharged, and there’s a financial second chance. Part of that second chance for most folks is to come up with a budget. …
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy when you’re married usually means both spouses filing together, but not always. The Bankruptcy Code is clear that even when a married couple files together, there are–almost always–two, separate bankruptcy “estates.” That means the husband’s estate is one estate, and the wife’s is another.…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott I frequently get questions about judgments. Some of the questions I’m asked are: Must I file bankruptcy prior to being sued? Must I file bankruptcy prior to the judgment being filed? Is it true that I can’t discharge the debt once there’s a judgment entered? Once…
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