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South Carolina Bankruptcy Questions & 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 company is... 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.

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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.

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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.

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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. No... 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.

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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 money,... Read more »

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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.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I filed chapter 13 about 27 moths ago. Since I had some serious medical issues that caused be to get behind on my mort.

My attorney is currently filing an application for a loan modification. If this is denied can the past due amount be rolled into the 13 if neccessary?

Timothy Denison
Timothy Denison answered on May 12, 2018

You may be able to modify the plan to include them if the modification is denied. Check with your attorney to see if there are other options available, including voluntarily dismissing and refiling to include them in the 24 month arrearage cure plan.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I have a chapter 13 a little over 2 years old. My wife was not included. Since I have had some serious medical issues.

Due to a medical issue and major medical expenses, we have fallen behind on the mortgage and have requested a loan modification. From speaking with the attorney they don't seem very optimistic about any other options in the event that this request fails. If this fails are there any other options... Read more »

Timothy Denison
Timothy Denison answered on May 9, 2018

Arguably, if loan mod is denied, you could dismiss your 13 and then refine a 13 with her and put your arrearagesin the 13 to be repaid over a two year period. Of course, you still have to keep the mortgage current while you’re doing that!

2 Answers | Asked in Bankruptcy for South Carolina on
Q: I have a loan against a CD and I was wondering if I claim bankruptcy will they take the CD? South Carolina
Cristina M. Lipan
Cristina M. Lipan answered on Apr 9, 2018

This sounds like it's a secured claim, which does not get discharged in bankruptcy like unsecured debts (like credit cards, etc). There are various ways to deal with secured debts - one of which is surrendering the property/asset. You can also just continue paying on that loan (or reaffirm the... Read more »

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: How do i get a chapter dissmissed without using a lawyer
D. Nathan Davis
D. Nathan Davis answered on Apr 2, 2018

If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.

You can write a letter to the Clerk of Court for...
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3 Answers | Asked in Bankruptcy for South Carolina on
Q: I have a bankruptcy hearing tomorrow and my husband cannot find his ssn card. Is there something else we can use
Cristina M. Lipan
Cristina M. Lipan answered on Mar 6, 2018

You can try to bring something official with his social security number on it and see what the trustee says, but very likely they will adjourn the meeting to give him time to get another card. However, you should still show up, otherwise, the trustee might file a motion to dismiss your bankruptcy... Read more »

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2 Answers | Asked in Bankruptcy for South Carolina on
Q: I want to rebuild my credit while in Chapter 13. Is it ok to obtain a secured credit card?
Stuart Nachbar
Stuart Nachbar answered on Feb 28, 2018

Not without permission of the chapter 13 trustee in your region

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: I owe just over $30,000 of credit card debt. I moved to England last year and plan on being here long term.

I’m a dual citizen of the UK & USA. I own no property, no car etc. in the US, all I have is a US bank account. I can’t afford my credit debt anymore, it just continues to grow. Can I file for bankruptcy? What would you recommend?

D. Nathan Davis
D. Nathan Davis answered on Jan 18, 2018

Since you are living in England, it is very unlikely that your creditors will go to the expense and trouble of bringing an action, obtaining a judgment and then making it a judgment under British Law so that the debt can be collected in the British Courts. I would probably advise you to not go to... Read more »

1 Answer | Asked in Bankruptcy for South Carolina on
Q: If I leave SC and my bankruptcy is not discharged yet, am I then subject to the bankruptcy laws of the state I move to?

Specifically if they sell my home and I get the ~100K SC secures for me, is that money at risk if I move to another state?

Cristina M. Lipan
Cristina M. Lipan answered on Jan 16, 2018

You are subject to the laws where you filed your bankruptcy case. Whether that was the right venue depends on how long you've lived there prior to filing.

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