Student loan debt has long been a cause of great annoyance to personal bankruptcy lawyers. Many of my Charleston area clients struggle with student loan repayment. As I have discussed before in this blog, bankruptcy courts in South Carolina interpret the Bankruptcy Code to limit the circumstance in which you can use bankruptcy to eliminate…
Written by Charleston Bankruptcy Lawyer, Russell DeMott There’s some good news for disabled student loan borrowers. Student loans are a huge problem. Absent “undue hardship,” which is nearly impossible to prove in most instances, student loans are non-dischargeable in bankruptcy. However, bankruptcy isn’t your only option. Anyone with student loan problems should first try every…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Student loans are, practically speaking, almost non-dischargeable in bankruptcy. The Bankruptcy Code and the law interpreting it says, in essence, that the debtor must be disabled and that he must prove he is–and will be–unable to repay the student loans. The fact that you paid a fortune…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Wage garnishment is extremely limited in South Carolina, though debt collectors will attempt to convince you otherwise. Still, there are exceptions you need to understand. While almost all other states have wage garnishment statutes, South Carolina has taken a different path. In South Carolina private parties…
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…
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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