Charlotte, NC asked in Bankruptcy and Foreclosure for South Carolina

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?

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2 Lawyer Answers
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Santa Barbara, CA

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

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: 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.

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