Written 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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Guest Post by Northern Michigan Bankruptcy Lawyer, Paul Slough There’s no shortage of exploitative “get out of debt” offers. One area ripe with abuse is the arena of non-attorneys who prepare bankruptcy papers. These “bankruptcy petition preparers” are defined in the bankruptcy code as “a person, other than an attorney for the debtor or…
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Written by Summerville Bankruptcy Lawyer, Russell A. DeMott In prior post about the bankruptcy means test, I focused on the means test as being a tool to sort out Chapter 7 bankruptcy cases from Chapter 13 cases. However, it’s important to understand that for some cases, the means test doesn’t even apply. The Two…
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