Charleston Bankruptcy Blog

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Inherited IRAs (Redux)

January 11th, 2015

In "Are Inherited IRAs exempt", I went out on a limb and predicted that the U.S. Supreme Court would rule--as did the 5th Circuit Court of Appeals--that inherited IRAs were exempt under section ...
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South Carolina Bankruptcy Court Launches Mortgage Modification Program

December 5th, 2014

Getting a mortgage modified can be a daunting process--like a root canal, only involving paper, yet almost as painful. You send required documents only to be told by the mortgage servicer that they never ...
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Five Things That Will Drive Your Bankruptcy Lawyer Nuts

October 28th, 2014

Your relationship with your bankruptcy lawyer is just that, a relationship. Like any other relationship, there are things you can do to strain it. Lawyers in all areas of law discuss problem clients. It ...
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South Carolina Property Exemptions Increase Effective July 1, 2014

July 5th, 2014

Our South Carolina exemptions are adjusted for cost of living every other July 1. Exemptions in property allow the property to be protected from a judgment creditor or bankruptcy trustee up to the ...
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10 Ways Financial Problems are Like Jiu-Jitsu

June 8th, 2014

It's always good to have a strategy when facing a problem--particularly a financial problem. Over the last three months, after an odd "Yes Man" moment in March of this year, I began learning Judo ...
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Hiring a Security Clearance Attorney

May 4th, 2014

A few years ago, I did a post entitled, "Filing Bankruptcy and My Security Clearance." Everything I've said in that post remains true. The fact of the matter is that the bankruptcy doesn't disqualify you ...
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Filing Bankruptcy to Get Your South Carolina Driver’s License Back

February 16th, 2014

Filing bankruptcy can help you get your driver's license back if it's been suspended for failure to pay a judgment. South Carolina law provides that if a judgment is entered against you as a ...
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Are Inherited IRAs Exempt?

January 29th, 2014

IRAs enjoy significant protection from creditors and the bankruptcy trustee.  In fact, there are multiple statutory protections. Here in South Carolina--we're an "opt out" state, so if you file bankruptcy here, you must ...
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Pro Bono Representation in South Carolina

January 14th, 2014

"Pro bono" means free. That's not the literal translation of the Latin words, but it's the real meaning. Almost any bar association, whether it's the American Bar Association or various state bar associations like ...
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Payroll Orders in Chapter 13 Bankruptcy

December 1st, 2013

Chapter 13 is about one thing: payments. As I tell my clients, "pay early and pay often." If you fail to make payments, your case gets dismissed and then you're in trouble again. Dismissal ...
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