uncontested divorce route, If I were to accept(for the sake of an inexpensive less wrangling divorce process- ) that and keep 50,000 in consumer debt (that two lawyers told me in SC equity state no way a judge would rule all for me but is a marital debt) for the sake of an inexpensive less... View More 
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answered on Nov 28, 2023
Based on the complex situation you have described, I would offer the following general guidance:
- Bankruptcy before divorce is often recommended to get a "fresh start", but based on what the bankruptcy lawyer indicated, it may be more complex in your case.
- If you accept... View More
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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answered on Nov 10, 2023
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... View More
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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answered on Nov 10, 2023
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... View More
Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... View More
answered on Mar 14, 2023
Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... View More
Could the stay affect the sale?
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answered on Jul 13, 2023
If you filed for Chapter 13 bankruptcy before the auction took place, it is possible that the automatic stay may have affected the sale. However, the specific timing and details of the bankruptcy filing, as well as any actions taken by the foreclosure sale trustee, can impact the outcome.
i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
answered on Apr 5, 2022
Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... View More
answered on Jun 22, 2021
S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... View More
I bought a mattress in October of 2020 from a furniture store, and financed it. I filed Chapter 7 bankruptcy approximately 6 months later, and it was discharged in April 2021. Now the creditor is demanding the merchandise back or they will take court action. I thought I was done after the... View More
I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... View More
answered on Mar 11, 2021
You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.
answered on Nov 2, 2020
that's a question you will have to ask the credit bureaus. Lawyers run the law business, credit bureaus do theirs.
good Luck
d
I also have absolutely no assets in my name at all.
answered on Nov 2, 2020
Section 109 of the Bankruptcy Code describes who is eligible to be a debtor in a Chapter 7 case. Basically, there are upper limits to permissible income, which is no bar for you. So yes, you can file a Ch. 7 petition without joining your husband, and you don't need his permission, either.
I have a small business that has been wiped out due to COVID-19, I am in the process of building my celebrity status as a writer/cat behaviorist but that takes time. Unemployment has been cut off, account "In Review." I have about 30K in cash, thanks to EIDL and PPP loans. If I file... View More
answered on Aug 7, 2020
Qualified yes, but you need to speak with a practitioner who can evaluate your entire financial situation first.
My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... View More
answered on Jun 30, 2020
You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.
I'm confused because I never discussed bankruptcy and never filed for bankruptcy I don't understand why that would be the data source so I'm trying to find out if I do actually have some kind of warrant out that's legitimate
answered on Apr 2, 2020
Bankruptcy Courts do not issue warrants: they are not criminal courts.
Check with the clerk of the bankruptcy courts in SC and see if they have anything on file for you.
is jointly owned by one debtor and another person not named in the filing, is that vehicle exempt from being collected?
answered on Mar 20, 2020
No, it is still listed as an asset. You own 1/2. If you use your exemptions to protect your interest, you may be able to protect it.
answered on Mar 10, 2020
You don’t even have to file a motion. All those things are already exempt from discharge under the Code!!!
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