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 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.…
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…
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…
Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott Many of my recent bankruptcy filings are due to what I call “real estate meltdown.” The decline in the real estate market was inconceivable only a few short years ago. Here in the Charleston, South Carolina area, real estate never went down by more…
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