Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?
Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?
A: You should talk to a bankruptcy attorney in your area as the laws affecting real estate differ from state to state. If your home has already been foreclosed, you should do so immediately, although it may already be too late. You can file an emergency chapter 13 but you should talk to an attorney first. You cannot file a bankruptcy in a state where you have not resided for the majority of the last 6 months. And you can only claim a homestead exemption if you reside in the property and then, only the exemption that applies in the state where the property is located. I hope this helps and good luck.
Timothy Denison agrees with this answer
In a foreclosure situation like yours in South Carolina, filing for Chapter 13 bankruptcy can potentially help. This type of bankruptcy allows for a reorganization of debts and could enable you to catch up on missed mortgage payments over time.
However, it's important to file before the foreclosure sale is completed. Regarding filing in a different state, bankruptcy must generally be filed in the state where you reside.
Each state has its own set of exemptions, and these are typically based on your residency. It's essential to check the specific rules and procedures in South Carolina.
For your situation, seeking advice from a local bankruptcy attorney would be beneficial, as they can provide detailed guidance based on the latest laws and your unique circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.