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South Carolina Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Probate for South Carolina on
Q: What Federal law allows an Executor of Estate as the only Trustee the court right to sell inherited [mortgage]?

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... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for South Carolina on
Q: is there a maximum age one can be called for jury duty in south carolina?

i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?

Timothy Denison
Timothy Denison
answered on Jun 22, 2022

No. No maximum age. You can be called again.

2 Answers | Asked in Bankruptcy, Real Estate Law, Family Law and Probate for South Carolina on
Q: Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?

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?

Timothy Denison
Timothy Denison
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.

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1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

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... Read more »

Cristina M. Lipan
Cristina M. Lipan
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... Read more »

2 Answers | Asked in Bankruptcy for South Carolina on
Q: Can a creditor demand return of merchandise which was bought 6 months before filing after the bankruptcy is discharged?

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... Read more »

Timothy Denison
Timothy Denison
answered on May 11, 2021

Depends on whether it was secured or not by the creditor.

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1 Answer | Asked in Bankruptcy, Consumer Law, Business Law and Collections for South Carolina on
Q: Can uhaul hold me responsible for the debt of someone I've never met?

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... Read more »

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: If I do file a chapter 7, will the creditors still show up on the credit bureaus?
David Luther Woodward
David Luther Woodward
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

2 Answers | Asked in Bankruptcy for South Carolina on
Q: I am 80 yo and I owe a lot of money to bank and hospital. Can I personally file Ch. 7 and not include my husband?

I also have absolutely no assets in my name at all.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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.

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1 Answer | Asked in Banking, Bankruptcy, Business Formation and Identity Theft for South Carolina on
Q: Do I need a bankruptcy lawyer
Timothy Denison
Timothy Denison
answered on Aug 27, 2020

If you are contemplating filing bankruptcy, yes!!

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Can I keep my cash, house and 1 car during bankruptcy?

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... Read more »

Timothy Denison
Timothy Denison
answered on Aug 7, 2020

Qualified yes, but you need to speak with a practitioner who can evaluate your entire financial situation first.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

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... Read more »

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I'm under chapter 13 bankruptcy... will I receive a stimulus check
Timothy Denison
Timothy Denison
answered on Jun 22, 2020

If you filed your 2018 and 2019 tax returns, yes.

3 Answers | Asked in Bankruptcy for South Carolina on
Q: Someone said I had a warrant I checked, it said the data source was SC bankruptcy Court I never filed for bankrup

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

David Luther Woodward
David Luther Woodward
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.

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: If filing Chapter 7 Bankruptcy, a paid for vehicle..

is jointly owned by one debtor and another person not named in the filing, is that vehicle exempt from being collected?

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy and Divorce for South Carolina on
Q: Ex filed ch. 7. Can I file a motion to have property settlement money owed me and alimony exempted from discharged debt
Timothy Denison
Timothy Denison
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!!!

1 Answer | Asked in Bankruptcy for South Carolina on
Q: can a loan company that charge off an account in 2017 ( customer was in bankruptcy & now that is dismissed) still take a

vehicle used as the collateral even though the customer was making payments thru the courts and now want to continue to make payments

Timothy Denison
Timothy Denison
answered on Mar 2, 2020

If the lien was avoided, no. If the lien was not avoided, then yes.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Judgment creditor garnishing wages paperwork to try to make payments meeting with judgement creditor and judge what can

I don't know what to do filled out paperwork is said to put down all debts no room on the form in Tennessee it's a felony not to list all your debts. I don't want to go I found I don't want to go and I don't know what to do. If I don't go I can have a felony cuz the... Read more »

Timothy Denison
Timothy Denison
answered on Feb 15, 2020

What is your question?

1 Answer | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: Is there any way a bankruptcy claim can be reversed?

If debtor doesn't pay amount specified in chapter 13, will the claim be refused?

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

If the debtor doesn’t pay the claim as set out in the Chapter 13 plan, the case will likely be dismissed.

2 Answers | Asked in Bankruptcy for South Carolina on
Q: 2nd mortgage on their house and then filed bankruptcy with the 2nd included then discharged can they still bill this

bankruptcy was discharged over 10 years ago and now bills have started to come in again demanding payment. can they do this after the matter had been written off

Timothy Denison
Timothy Denison
answered on Jan 22, 2020

Depends on whether the 2nd mortgage lien was avoided. If it was, then no. If it wasn’t, then they can move against the property but they cannot get a money judgment against the debtors.

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