South Carolina Bankruptcy Laws

South Carolina Bankruptcy Laws

July 28th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott What are "South Carolina bankruptcy laws?"  Technically speaking, there really is no such thing as South Carolina bankruptcy law.  But this doesn’t mean South ... Continue Reading »

Filing Bankruptcy and Keeping “Just One” Credit Card

Filing Bankruptcy and Keeping “Just One” Credit Card

July 21st, 2010  |  1 Comment ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankrupty means listing all your debts.  Sometimes I hear clients say that they don't want to "file on" a certain debt.  However, you must list ... Continue Reading »

Bankruptcy Fears: “Nothing to Fear But Fear Itself”

Bankruptcy Fears: “Nothing to Fear But Fear Itself”

July 10th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy and financial problems can be scary.  And you don't realize how terrifying financial problems can be until you've been there yourself. I was chatting with my ... Continue Reading »

Bankruptcy and Cash Value Insurance

Bankruptcy and Cash Value Insurance

June 30th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In a recent decision South Carolina Bankruptcy Judge John E. Waites upheld a debtor’s claim of exemption in his cash value life insurance under South Carolina ... Continue Reading »

Bankruptcy Petition Preparers: Lie, Lie, Lie!

Bankruptcy Petition Preparers: Lie, Lie, Lie!

June 20th, 2010  |  2 Comments ››

Guest Post by Northern Michigan Bankruptcy Lawyer, Paul Slough There's no shortage of exploitive "get out of debt" offers.  One area ripe with abuse is the arena of non-attorneys who prepare ... Continue Reading »

The Bankruptcy Means Test (Part Five)

The Bankruptcy Means Test (Part Five)

June 16th, 2010  |  No Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott In prior post about the bankruptcy means test, I focused on the means test as being a tool to sort out Chapter 7 bankruptcy cases from ... Continue Reading »

Bankruptcy Experiences #3

Bankruptcy Experiences #3

June 8th, 2010  |  No Comments ››

Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott Many of my recent bankruptcy filings are due to what I call "real estate meltdown."  The decline in the real estate market was inconceivable only ... Continue Reading »

Filing Bankruptcy When You’re Married

Filing Bankruptcy When You’re Married

June 3rd, 2010  |  No Comments ››

Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy is a family decision.  Even with hectic schedules, it's necessary for both the husband and wife meet with me together to discuss bankruptcy ... Continue Reading »

Frozen Bank Accounts! Watch Out for Wells Fargo and Wachovia!

Frozen Bank Accounts! Watch Out for Wells Fargo and Wachovia!

May 30th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy can result in your bank freezing your account if you owe that bank money.  It's called "setoff," and I wrote a post warning about ... Continue Reading »

The Bankruptcy Means Test (Part Four)

The Bankruptcy Means Test (Part Four)

May 23rd, 2010  |  No Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott “Passing” the bankruptcy means test doesn’t mean you’re cleared for takeoff for a Chapter 7 bankruptcy.  I pointed this out in my last post on the ... Continue Reading »

Scarlet Letter of Bankruptcy–A Thing of the Past?

Scarlet Letter of Bankruptcy–A Thing of the Past?

May 16th, 2010  |  No Comments ››

Written by New York Bankruptcy Lawyer Jay S. Fleischman. Remember the book, The Scarlet Letter?  You know, the one where the woman does something and is marked for the rest of her life with ... Continue Reading »

Filing Bankruptcy to Discharge Income Tax Debt

Filing Bankruptcy to Discharge Income Tax Debt

May 5th, 2010  |  2 Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott You may be able to discharge taxes in bankruptcy, but not always.  To understand the benefits of filing bankruptcy to deal with tax debts, you need ... Continue Reading »

What is Chapter 13 Bankruptcy? (Part Two)

What is Chapter 13 Bankruptcy? (Part Two)

April 29th, 2010  |  No Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is all about payments.  As I've said before, the Chapter 13 bankruptcy trustee is happy if you "pay early and pay often."  That's ... Continue Reading »

Fired for Filing Bankruptcy? No Way!

Fired for Filing Bankruptcy? No Way!

April 20th, 2010  |  5 Comments ››

Guest Post Written by Elyria, Ohio Bankruptcy Lawyer, Bill Balena Keeping your bankruptcy filing from your boss is one of the most common concerns of many new bankruptcy clients.  Let’s get one thing straight ... Continue Reading »

What is Chapter 13 Bankruptcy? (Part One)

What is Chapter 13 Bankruptcy? (Part One)

April 15th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is more involved that Chapter 7 bankruptcy.  There are things you can do in Chapter 13 that can't be done in a Chapter ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part Four)

Bankruptcy Reaffirmation Agreements (Part Four)

April 8th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In parts one, two, and three, I explained secured debt, liability, how the automatic stay comes into play with reaffirmation agreements, and my opinion about whether ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part Three)

Bankruptcy Reaffirmation Agreements (Part Three)

April 1st, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In parts one and two, I explained secured debts, liability, and some history behind the law of reaffirmation agreements.  I left off by pointing out that ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part Two)

Bankruptcy Reaffirmation Agreements (Part Two)

March 25th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In "Bankruptcy Reaffirmation Agreements (Part One)" I explained that reaffirmation only applies to secured debt on personal property.  I also explained that it only applies to ... Continue Reading »

Bankruptcy Experiences #2

Bankruptcy Experiences #2

March 21st, 2010  |  No Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott During a recent bankruptcy hearing, one of our Charleston Chapter 7 trustees said, "I believe in life after bankruptcy."  He said that to a very nervous ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part One)

Bankruptcy Reaffirmation Agreements (Part One)

March 18th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott If you file a Chapter 7 bankruptcy, you may be faced with having to decide whether to sign a "reaffirmation agreement."  This is the first of ... Continue Reading »

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