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South Carolina Bankruptcy Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

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?

James L. Arrasmith
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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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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

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.

James L. Arrasmith
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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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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

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.

T. Augustus Claus
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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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1 Answer | Asked in Bankruptcy, Divorce and Family Law for South Carolina on
Q: I'm facing divorce and bankruptcy in S.C. Husband refuses to take any consumer debt share. We are trying to go the

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

James L. Arrasmith
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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...
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2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?

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?

Martha Warriner Jarrett
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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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2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?

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?

James L. Arrasmith
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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...
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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... View More

W. J. Winterstein Jr.
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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... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: I filed a Chapter 13 (SC) at 1:00 PM the day of the auction. The auction sale was recorded at 3:00PM.

Could the stay affect the sale?

T. Augustus Claus
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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.

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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... View 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... View 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... View 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... View 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.
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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... View 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... View 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.

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