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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bankruptcy confusion

Chapter 7 Bankruptcy: The Means Test (Part One)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott If you want to file a Chapter 7 bankruptcy, and your income is over the median income for your state, you must take a “means test” to help the court determine whether you are eligible for Chapter 7 bankruptcy.   The purpose of the means test is…

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What is the Automatic Stay?

    Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Whether you file Chapter 7 bankruptcy or Chapter 13 bankruptcy, the “automatic stay” goes into effect immediately when your case is filed.     The stay prohibits almost all collection actions against you. It’s a terrifying feeling not being able to answer your phone or…

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what to wear to your bankruptcy hearing in charleston

What Should I Wear to My Bankruptcy Hearing?

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott If you file bankruptcy, whether it’s a Chapter 7 case or a Chapter 13 case, you’ll have to go to a hearing. There is no bankruptcy law about what you should wear, but I have a few tips. As I’ve discussed before, if you file bankruptcy, you’ll…

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