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South Carolina Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for South Carolina on
Q: My x husband is filing chapter 7 and we have 2 cars in both names which he is adding them to debt. If both cars go back

Will it show bankruptcy on my credit.

Robert Gambrell
Robert Gambrell
answered on May 30, 2015

His bankruptcy should not show up on your credit reports. However, when the cars are repossessed, the repossession of each of the vehicles will show on your credit reports and the fact that the promissory notes are in default and in collection will show on your credit reports unless you make the... View More

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I live in South Carolina and I am unemployed. I owe about $12,000. How much would it cost me to file for bankruptcy?

Bankruptcy chapter 7 since I don't own a house.

Robert Keyes
Robert Keyes
answered on Nov 20, 2014

Maybe nothing. Depends on a lot of things. Contact a bankruptcy attorney in your area. You can search for one here:

www.nacba.org

1 Answer | Asked in Bankruptcy for South Carolina on
Q: In what states is the stay lifted 30 days after the 341 meeting with the Chapter 7 Trustee's Report of No Distribution?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Bankruptcy is a Federal Procedure, which only uses state laws regarding rights (i.e. property ownership, etc.). Thus, procedurally speaking, the US Code and Bankruptcy Rules of Procedure are the same in all states. However, local rules may differ, but this is not an issue of a local rule.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Did Graphic Impressions of Kent Wa file for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

2 Answers | Asked in Bankruptcy for South Carolina on
Q: If I have a lot of debt that I am responsible through my name only, does my husband have to be involved?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: You can file without your married spouse; however, any jointly held debt and property must be disclosed. Additionally, if your spouse works their income must be included in the Means Test and you will have to provide copies of their pay-stubs to the court.

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: Can you file bankruptcy on a lawsuit for an at fault driver with no insurance in sc?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: When you file Bky everything is included. Everything you own and owe. However, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: If I file chapter 7 personal, and have my first hearing, can an investor help me get back into business before the final
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Generally the court only looks at events prior to the filing of the case. Additionally, investors will not get involved with someone in a Bky, until after they receive a Discharge.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: House in probate, can the administrater us the cash money in bank to pay someone to cut grass and paint house 4 unkeep
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Yes. If the administrator did not do this, he/she should be found liable of permitting the property to depreciate (to wit: “Wasting”). It may seem a bit much initially, but when the property eventually sells, the beneficiaries will reap the benefit.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: In bankrupcy if ive established residency in south carolina.but i have tax debts and morgaged property in NC ???
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Income Taxes are not dischargeable. Property taxes run with the property, so if you are keeping the property, you have to pay the Property Taxes.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: My brother was killed in an accident. Can a lien for his medical debt on property we owned jointly affect me?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: If the lien was properly placed it could affect you; however, several issues come into play which could void the lien, such as when the lien was placed and how the property was held.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I am $60,000 or more upside down in my home loan. what happens if i walk away or let the home go into foreclosure
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: The property will be foreclosed and a deficiency judgment will be entered. If the property was your homestead, you should not have tax consequences; however, if it was not, you will be taxed for the deficiency. Additionally, the mortgage company may seek to collect the deficiency or sell the... View More

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Am I doomed to just receive the minimal distrubution from trustee?

I went to file a summons & complaint on a bad debt of which part of the asking money was paid with a NSF check. This happened on the same day that the defendants filed a Chapter 13 Bankruptcy. The next day I received a Notice, Chapter 13 Plan, Motions to Value Security, Avoid Judicial lien,... View More

Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

I would strongly suggest you meet with an Experenced Bankruptcy Attorney, with Creditor Experence. A NSF Check is FRAUD, if properly handled should not be avoided, and you could force payment.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Do I need a bankruptcy lawyer?

I am in a finical mess! I am about 25k in debt. Some of this debt is business related with the state. If I file bankruptcy will this debt be removed as well as a past judgement? Will a spouse be affected?

Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

A Debtor who is a Natural Person (vs. a Business) is permitted to represent him/herself in court. However, Bankruptcy is a very complicated area of law, involving a combination of State laws and Federal procedures. An attorney is not required, but is recommended.

Debt with a governmental...
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