Lawyers, Answer Questions  & Get Points Log In
South Carolina Bankruptcy Questions & Answers
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.

View More Answers

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.

View More Answers

2 Answers | Asked in Bankruptcy for South Carolina on
Q: We had a discharge of bankruptcy 5 yrs ago. Recently received a wrongful death settlement, trustee wants it. Our rights?

Initially said they wanted for unsecured credit cards. We said okay. Now they want it all. House was in discharge and has been foreclosed on.

Stuart Nachbar
Stuart Nachbar answered on Dec 3, 2019

If the claim was pending when you filed and did not exempt it out, then the trustee has a right to make a claim on it. As for how much, probably the amount of your debt, plus the Trustee's Counsel and Trustee's Commission. Talk to your lawyer

View More Answers

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Filed a chapter 13 in 2009 completed the plan including catching up mortgage payments never missed any payments.

Now am being told that I owe 5000 in deferred principal by a mortgage servicing company . How is this possible? Never missed any mortgage payments during the bankruptcy program or since.

Timothy Denison
Timothy Denison answered on Sep 4, 2019

You need to ask for documentation and proof where you agreed to the deferral.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Can you file charpter 7 on a res judicate
Timothy Denison
Timothy Denison answered on Sep 4, 2019

Yes, unless the debt is nondischargeable.

2 Answers | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: I provided a $10,000. deposit to a business in SC. I'm retired and this money is a big chunk of my income.

The company is an LLC and manufacturers RV's and was going to file Chapter 7 bankruptcy but I'm now being told they will not do so. It as also been brought to my attention that the owner has personally lost his home, vehicles and is living with a relative. The latest news is that a major... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 2, 2019

Unless you have some written agreement memorializing your $10,000 "investment" you may be in big trouble. Situations like this do not end well for small investors like you. If you are retired, stop "investing" in these kinds of "money-making get rich quick" schemes.

View More Answers

3 Answers | Asked in Bankruptcy for South Carolina on
Q: If I already have a bankruptcy lawyer can I consult with another bankruptcy lawyer?
Timothy Denison
Timothy Denison answered on Apr 19, 2019

Yes. But make the second lawyer aware of the first lawyer.

View More Answers

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: what kind of attorney would I need if my house & land go up for sell April 1st
Timothy Denison
Timothy Denison answered on Mar 23, 2019

A real estate/ mortgage defense attorney.

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?

Wife passed in Aug 2018...now Considering Bankruptcy to settle medical bills from Leukemia

Low income -now unemployed

58yr old widow in Poor health now struggling to find work compatible with health conditions.

D. Nathan Davis
D. Nathan Davis answered on Mar 11, 2019

The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount.... Read more »

2 Answers | Asked in Bankruptcy for South Carolina on
Q: where do I go & how to get copies of bankruptcy discharge papers and proof bankruptcy is cleared.

This is for a bankruptcy that was cleared approximately 2010 to 2012 in Greenville County SC

Timothy Denison
Timothy Denison answered on Mar 5, 2019

Go online to pacer.gov, create yourself an account, and then you will be able to download all of the documents you are seeking.

View More Answers

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Can you refile a motion if you missed a court date?

This was for a motion to reopen a chapter 7 due to debt left off during the original filing.

Timothy Denison
Timothy Denison answered on Jun 28, 2018

Yes. You can.

1 Answer | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: I was served notice from a debt collector who bought the unpaid credit card debt, seeking a civil judgment.

In SC, what happens if I don't respond to this? Or, I cannot reach a payment agreement with the debt collector? I have military retirement, military disability and my normal pay from my job. I own no property in the county in which I was served. Thank you.

Timothy Denison
Timothy Denison answered on Jun 21, 2018

If they sue you and you don’t respond, they get a judgment against you for everything theywant. Your military retirement and disability are exempt from seizure, but your normal pays not and can be garnished. Contact a local attorney to negotiate a payment arrangement for you.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for South Carolina on
Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)

If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.

D. Nathan Davis
D. Nathan Davis answered on Jun 14, 2018

Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I'm under bankruptcy and I want to rent my kid a game system online can i do this without effecting my case?
Timothy Denison
Timothy Denison answered on Jun 13, 2018

Yes, so long as you are able to pay for it online and still make the monthly payments to the trustee.

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.