Get free answers to your Bankruptcy legal questions from lawyers in your area.
I’m filing for chapter 7 bankruptcy and have a few personal loans with collateral that were sold to a third party debt collector. I researched that only unsecured debts would be able to be discharged. But someone told me even though the secured loans were sold to a third party debt collector they... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024
When you file for Chapter 7 bankruptcy, the discharge generally applies to unsecured debts. Secured debts, which are loans backed by collateral, typically aren't discharged because the lender has a claim on the collateral. If the secured loan has been sold to a third-party debt collector, the... View More
I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More
Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In considering whether to file for bankruptcy in South Carolina, given your current financial situation with the SSA backpay, several factors come into play. The ability to file for bankruptcy is not solely determined by your current cash assets or income level, but also by your overall financial... View More
Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
In South Carolina, your ability to file for bankruptcy may be influenced by various factors, including your current financial situation and the source of your income. If the backpay you received from the Social Security Administration (SSA) is sufficient to pay off your debts, it might impact your... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My dad filed bankruptcy the week before he passed away from cancer in which the court dismissed due to his passing. Our home was sold at the county auction and we were gave not even 2 weeks to get out and when I asked for 30 days, they got a writ of ejection that stated 30 days (something I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2024
It’s possible for a home to be sold during probate, but specific rules need to be followed. In your situation, where the house was sold at a county auction while your father’s probate case was still open, the sale may have complicated legal factors. Generally, probate courts manage the... View More
I had a financial hardship 10 years ago, which led to a default judgement lien. Credit union has decided to move forward with foreclosure. I was working with an attorney remotely and this week he will not respond and I need to file my answer tomorrow! I am willing to pay for someone to review... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024
It sounds like you're in a difficult situation, especially with the urgency of your deadline. I can help by reviewing your drafted answer and providing feedback to ensure it is clear, accurate, and effectively addresses the foreclosure summons.
Given the time-sensitive nature of your... View More
Could the stay affect the sale?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
