Written by Charleston Bankruptcy Attorney, Russell A. DeMott I have a soft spot in my heart for my bankruptcy clients, but this couple really stands out. As described below, they did indeed go “kicking and screaming” into bankruptcy. They were fighting back against an economic tide that no one could fight brought on by…
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy involves assembling documents for your lawyer–lots of documents. If you don’t know this yet, well, Grasshopper, you have just begun your quest to learn about bankruptcy law. And here’s one key thing to remember: It’s a moving target. (Hence picture of the guy…
DetailsWritten by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 7 bankruptcy can slow down foreclosure, but it’s not the best way to stop foreclosure. Chapter 7 bankruptcy is the most common
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Guest Post Written by Brandon Moreno of the Utah Bankruptcy Hotline The South Carolina Bankruptcy Court recently issued an opinion clarifying the circumstances in which it is possible to obtain a discharge of student loans. Many consumers contemplate bankruptcy, at least in part due to significant student loan debt, so understanding the law in…
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Guest Post Written by Rome, Georgia Bankruptcy Lawyer, Jeff Kelly When filing bankruptcy, if your spouse has not signed any contracts with you, your spouse’s credit score will not be affected by your filing. Before you file bankruptcy, make a list of every single debt you have in the entire world. Next, you should…
DetailsWritten by Charleston Bankruptcy Lawyer, Russell A. DeMott One of my readers recently asked about how much debt he needed to file bankruptcy. That’s a good question, and I’m asked that frequently. There’s no set amount of debt you must have to file bankruptcy. As I’ve said before, each case is unique. …
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott What are “South Carolina bankruptcy laws?” Technically speaking, there really is no such thing as South Carolina bankruptcy law. But this doesn’t mean South Carolina law won’t affect your case. Our bankruptcy law is found in Title 11 of the United States Code and is…
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankrupty means listing all your debts. Sometimes I hear clients say that they don’t want to “file on” a certain debt. However, you must list all your debts. In my Summerville bankruptcy practice, I frequently hear clients say that they don’t want to file…
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy and financial problems can be scary. And you don’t realize how terrifying financial problems can be until you’ve been there yourself. I was chatting with my friend and colleague, Lexington bankruptcy lawyer Lex Rogerson, tonight. We began discussing some of the emotional aspects of…
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In a recent decision South Carolina Bankruptcy Judge John E. Waites upheld a debtor’s claim of exemption in his cash value life insurance under South Carolina Code § 38-63-40(A), which was enacted in 1993. Judge Waites ruled that the statute protects a policy owner’s cash surrender value…
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