South Carolina Bankruptcy Legal Questions

Your question is a bit vague.  Are you asking how much the court filing fee is for bankruptcy, or how much attorneys fees are?  The answer to both depends on which Chapter under which you file and the facts and circumstances in your case. I recommend having a consultation with a bankruptcy attorney in your area.  Most offer free initial consultations at which you can get all your questions answered, including the costs.    ... Read More

Good morning. Asking legal questions like this is like going to a medical website and asking about reoccurring headaches. It might be a headache that aspirin can handle, or it could be a brain tumor requiring surgery. Pay an experienced BK lawyer for 90 minutes of their time so they can review your entire CH13 BK file with you, and discuss options. Now is not the time to be penny wise and pound foolish.... Read More

It is something that you need to discuss with your bankruptcy attorney. It gets worse. If you inherit during a Chapter 13, the inheritance becomes property of the estate. If the house is sold and you get money, it probably needs to go to the trustee. You have a complex situation and need to consult with counsel before doing anything.... Read More

Assuming you filed tax returns, income tax liability is dischargeable three years after a timely filing, and two years after a late filing. You also have to wait 240 days after an "assessment" by the IRS (i.e., an audit). There are a few other rules that come into play, so you must be very careful. Pay an experienced lawyer for an hour of their time to get the answers you need.... Read More

Sounds like you are "judgment proof". In other words, even assuming a creditor sues you and receives a judgment, they can not collect on the judgment because you have no assets they can touch (luxury items). They can not attach or garnish Social Security money of any kind, including disability money from Social Security. I would try calling your creditors and telling them that you spoke with an experienced bankruptcy lawyer, and the lawyer told you that you were judgment proof. The creditor may want verification that you are 100% disabled, and on Social Security Disability income. Provide them with proof of same. Most creditors will close their files out as "noncollectable". I hope this information helps. Best of luck!... Read More

If you had specified what type of disability you receive,it sure would have allowed me to provide you with a more explicit answer to your question. For example, if your disability benefits are from workers compensation or social security, there are easy ways to protect these benefits from creditors taking them. Just keep the money in a segregated bank account and don?t mix the funds with money from any other source. Although you think you can?t afford an attorney, if you properly follow free legal advice, it may be that you don't need an attorney. But there are many types of disability income and without having more details, it would be irresponsible for me to offer you any additional advice.... Read More

Pretty much all bankruptcy attorneys give free initial consultations. They can help determine whether you are eligible to file and can also advise whether you should file bankruptcy at all or if other options are superior. There are lots of differences in bankruptcy attorneys, so be sure to ask a lot of questions and research your bankruptcy attorney before hiring them.    ... Read More

If the creditor is in fact different from the one you believed you discharged in bankruptcy, you can reopen your bankruptcy case and still take care of this particular creditor and received a receive a discharge even though your bankruptcy case is closed. But it seems you're sure that this is the same creditor simply using a different name or simply using a collection agency, this is a direct violation of the bankruptcy code and fair credit act. They attempt to go to court to seek damages for the debt, you can have them prove the fact you actually had the account, the paperwork that shows that you open account with your signature on it and demonstrate to you actually made the charges. When they attempt to provide this information it will clearly show that they are in fact a creditor that you had discharge the debt from them in your previous bankruptcy filing. You can also hire an attorney and to the creditor, as they are breaking federal law. These lawsuits usually end in a settlement for the debtor and are worth pursuing. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

You didn't ask any questions, so I'm not sure how to address your situation.  You can always modify a Chapter 13 plan if your budget changes during the case. If the taxes were priority taxes pursuant to 11 U.S.C. 507, then they need to be paid in full during the course of your plan, but otherwise your budget can be altered to reduce or increase the percentage being paid to general unsecured creditors as long as they are receiving more than they would receive in a Chapter 7case. If the court did not put a restriction on you filing another case, you may want to consider filing another Chapter 13 now.  However, be sure your attorney files a Motion to extend the automatic stay and have that motion heard within the first 30 days of your new case.  Otherwise, you may not have any protection from your creditors after that point. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    ... Read More

I'm not entirely sure I understand your question.  Are you asking if you can catch up on past due mortgage payments in a Chapter 7 case?  If so, the answer is no.     If you're asking whether the debt owed on the mortgage is discharged in a Chapter 7 case, the answer is yes (assuming you receive a discharge); however, the lien secured by the property will remain.    ... Read More

Whether you are in violation of the loan agreement/ retail installment contract depends on its terms. Generally such agreements give the creditor a security interest in proceeds (insurance money) and require that it be used to fix damage to the collateral (car). Also, letting a third party take over the vehicle and payments is likely to be a breach of the agreement if done without the consent of the creditor. You should show the documents to your bankruptcy lawyer and find out if you are likely to face a claim that the debt is nondischargeable as a result.... Read More

Whether any assets are protected in a Chapter 7 case depends on what exemptions are available to you under applicable state or federal law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  When you file a Chapter 7 case the Trustee becomes the owner of any and all assets you have and, unless they are protected by an exemption, will likely sell them if there is sufficient value.  You also have a duty to disclose all assets and their values.   How you should list your stock and/or whether you should instead move it to an IRA can only be determined after a comprehensive consult with an experienced bankruptcy attorney in your area.  Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

No, you cannot safely conclude that as it is completely erroneous.  Debts are only discharged if they are dischargeable.  Student loans are only dischargeable if you bring a separate action (lawsuit) against them and are able to prove, at trial, that repaying those debts would constitute an "undue hardship" as that term is defined by courts in your district. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

You can dissolve the company through the state statute, including if it is a coporation completing a form with the Secretary of State or failing to pay your renewal fee.  If the business has lots of debt, you may choose to file a chapter 7 to inform your creditors you have no way of paying the debt.... Read More