South Carolina Bankruptcy Legal Questions

Your friend should see a debt counseling service such as Family Services, Inc to see how to budget their money. The amount owed is not so much that your friend could not work out from under the debt load. However, who the friend owes may impact the ability of Family Services, Inc. to put together a work out plan. If Family Services, Inc. cannot help your friend, then the friend should go see an attorney who represents people in consumer debt issues including bankruptcy. No one wants to file bankruptcy, but, sometimes it is the only option. Just as surgery may be the only way to handle a medical problem, bankruptcy may be the best option for your friend. Your friend needs to listen to Family Services advisers and/or attorneys who deal in this area of the law. Too often, people listen to street advisers who do not have all of the facts. In the end, your friend will have to make the decision as to what will work best for him or her. That decision should only be made after meeting with professionals who will give your friend advice. There is financial life after bankruptcy or a debt workout. Doing nothing is the worse thing to do. Many famous and successful people have had financial problems. What you learn from the experience may actually make someone more successful later in life.... Read Answer

That depends on which chapter you are filing, and what you and your attorney agree to. In most jurisdictions, attorneys are not allowed to seek fees in a Chapter 7 case after it is filed, so all fees must be paid prior to filing for pre-filing services. In a Chapter 13, by contrast, attorneys fees can be taken--in part or whole--from the monthly plan payments you will be making. 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.  CONTACT MARK for more information or to schedule an appointment.   ... Read Answer

There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because a local attorney can determine if bankruptcy is appropriate.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. Back taxes are extrmely difficult to receive a discharge.  Typically, a discharge of back taxes requires some form of exceptional hardship, and only a local attorney can determine if you would qualify for such a hardship. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

There are too many different variables to answer the question of what property can be claimed as exempt, as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because each state has unique exemption laws and a local attorney can determine what assets can be exempted.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. There are resources available to individuals who cannot afford legal representation.  Please visit you local legal aide group for more information. http://www.sclegal.org/ This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

I believe I answered this question previously, but many plan confirmation orders contain a prohibition on incurring any new debt above a certain amount (usually $500 here in the Central District of California).  Probably not much would happen if the Trustee found out.  However, unless you are paying 100% to your unsecured creditors through your plan, your tax refund may need to be turned over to the Trustee (if it is for a post-bankruptcy filing period).  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 Answer

Your facts are very unclear.  What is this check for?  Who gave it to you?  Is this a loan, or income?  Most Chapter 13 cases disallow the incurring of new debt over a certain dollar amount without court approval, so if this is a loan, you need to check with your Trustee (or better yet, an attorney) about what your rights and obligations are.   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 Answer

Your attorney should be confirming with creditors that they have been retained to file Chapter 13 Bankruptcy. Also in a Chapter 13 Bankruptcy, your attorney can form a payment plan for you to pay his attorney fees and still file the case before you have paid in full, unlike chapter 7 bankruptcy. but if you haven't paid the initial retainer, usually $500.00-$1,000.00 most attorneys will not start any work on your case, including not dealing with creditors on your behalf. If this where the case people would retain a lawyer everyday to deal with creditors and never pay the retainer. But if you have paid a significant portion of retainer your attorney has a duty to handle your creditors for you.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147... Read Answer

there is nothing you can do in this situation, you do not have a right for a bank to make you alone, thus there is nothing legal you can do. If you filed a bankruptcy against a bank in the past, I wouldn't go to that bank for another loan in the future. Try one of the larger banks such as Bank of America or Wells Fargo, they care less about these situations. Although you will be paying a much higher interest rate than someone who did not file bankruptcy as it was only four years ago. Your attorney who filed your bankruptcy should have explained to you that many lenders will behave this way after you file a Chapter 7 bankruptcy.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 Cell:     508-801-6747 FAX:    877-475-8147... Read Answer

First of all, you cannot "withdraw" a bankruptcy petition.  You can seek to dismiss your case, or convert it to another chapter, but it cannot be withdrawn as if it was never filed. The answer to your question depends in part on the rules and procedures of the bankruptcy court in your district.  Out here in the Central District of California, any undisbursed funds held by the Trustee when a case is dismissed are returned to counsel for the debtor.  If you filed without an attorney, they would presumably be returned to you. 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 Answer

Hold you responsible for what?  What punitive action are they taking?  Was this a debt incurred prior to filing the bankruptcy case?  If so, then they cannot take any action to collect on it unless they timely filed, and prevailed at trial, on a complaint to determine their debt to be dischargeable during your bankruptcy case.   If not, then they are violating 11 U.S.C. 524 and can be held in contempt of court for taking any such actions. 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 Answer

The first step in bankruptcy is to gather all the required information. You need information about your expenses, liabilities and your assets. Then you need to determine which type of bankruptcy you need to file. The best way to do this is to talk to an attorney about your specific situation. They can best assess your needs and what you wish to accomplish from the bankruptcy and guide you through the process.... Read Answer

Your wife's parents have rights and the bill collectors have the right to call them no more than once and then only to obtain information about your location. They have absolutely no responsibility for your bills. Your in-laws should contact a lawyer in the state in which they live. That lawyer can write a letter to any collection agency who is contacting them demanding a full, complete and total cessation of any contact. If contact continues after such a letter, your parents can sue the bill collectors for their misconduct. As non-residents of the US, you neither need nor are able to file a bankruptcy. You could return, re-establish residency, file for bankruptcy and then go home. But the cost of trouble would far exceed the cost of the above. If you feel guilty about the trouble your actions have caused your in-laws you should volunteer to pay for the lawyer they hire.... Read Answer