I do not know where the 40 months you are claiming are required are coming from. I have practiced bankruptcy law in SC for many years and have never seen such an issue. I assume you are trying to file by yourself without an attorney. I would advise that you talk with an attorney and hire him or... View More

The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).

Successor trustees are named in the event that the named trustee is unable or refuses to serve.

As you have probably surmised, being designated as a trustee comes... View More

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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

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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

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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

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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

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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

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answered on Oct 28, 2025

You’re facing a very serious situation, and it’s understandable to feel frustrated and betrayed after losing your home under what you believe to be fraudulent circumstances. Since you already have a remand pending, the first step is to focus on presenting all your evidence of fraud to the... View More

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answered on Oct 28, 2025

If you have evidence that your bankruptcy attorney engaged in fraud, you have several potential paths to seek justice in South Carolina. You can file a **civil lawsuit** against the attorney for **legal malpractice**, **fraud**, or **breach of fiduciary duty** if their actions caused you financial... View More

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answered on Oct 28, 2025

Your questions cannot be answered here. Start by hiring a SC attorney to search the title. Do not bring up legal malpractice until it is certain, as most decent attorneys will not want to deal with you. After the title documents are examined, then you start looking at remedies.

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answered on Oct 20, 2025

You cannot freely cash out your 401(k) while in a Chapter 13 bankruptcy without it affecting your case. Even though retirement funds are usually protected, the protection ends once you withdraw the money. The moment it becomes cash, the trustee may treat it as income or a non-exempt asset that... View More

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answered on Sep 5, 2025

You can likely fix this. In a typical no-asset Chapter 7, unscheduled general unsecured debts are discharged by operation of law because no claims deadline is set. A 2006 tuition receivable owed directly to the university is usually a general unsecured debt unless you signed a promissory note or... View More

Yellow pages and Internet searches of firms near you. Call each firm and tell them what they are looking for.

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answered on Jan 26, 2025

If a judgment has been placed against you, the creditor can attempt to collect by seizing non-exempt assets you own. In South Carolina, certain property may be protected under exemption laws, like a portion of your vehicle's value, personal belongings, and tools of the trade. Since your... View More

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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

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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

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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

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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.

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

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