bankruptcy

The Craziness of Student Loan (Non) Dischargeability

December 4th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Student loans are, practically speaking, almost non-dischargeable in bankruptcy.  The Bankruptcy Code and the law interpreting it says, in essence, that the debtor must be disabled ... Continue Reading »

South Carolina Median Income Figures for Cases Filed After November 1st

October 16th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott South Carolina median income numbers effective November 1, 2011 are now out. They are as follows: Household of 1: $37,660 Household of 2: $47,853 Household of 3: $50,824 Household of ... Continue Reading »

Should You Reaffirm Your Mortgage?

October 15th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Reaffirmation agreements and the law surrounding can be downright confusing.  In fact, the law on this topic is so bizarre that it reminds me of the ... Continue Reading »

The Genius of the Canadian Bankruptcy System

September 23rd, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy lawyers spend almost all their time dealing with the law as it is.  After all, we're not members of Congress. But as I deal with our ... Continue Reading »

Don’t Shoot the Repo Man!

August 27th, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy can help you stop repossession and even allow you to get your vehicle back after it's been repossessed.  Shooting the repo man is not only ... Continue Reading »

A Nod to Bankruptcy Lawyer James Moroney

August 1st, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott James Moroney's bankruptcy site is a "must visit" if you need information about consumer bankruptcy.   The site, consumerbankruptcytutor.com, is a sort of video equivalent of ... Continue Reading »

Wage Garnishment in South Carolina (or not?)

July 24th, 2011  |  1 Comment ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Wage garnishment is extremely limited in South Carolina, though debt collectors will attempt to convince you otherwise. Still, there are exceptions you need to understand. While almost ... Continue Reading »

Meeting Your Bankruptcy Lawyer

July 10th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott "Meeting Your Bankruptcy Lawyer."   True, maybe I'll be your bankruptcy lawyer, but I really don't like the title of this post.   It could just ... Continue Reading »

Chapter 13 Bankruptcy and the “Mulligan Rule”

June 25th, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is a tool of sorts.   You can do some things in Chapter 13 you just can't do in Chapter 7--stripping mortgages, for ... Continue Reading »

Bankruptcy and Your Credit Score

May 30th, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott This isn't the first time I've written on bankruptcy and its effect on your credit score.   In "How Long Will Bankruptcy Screw Up My Credit," ... Continue Reading »

Want to File Bankruptcy? Then NO WHINING!

May 23rd, 2011  |  3 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy requires some work.   Sure, you expect the bankruptcy lawyer to work, but there's also some work that the client must do. The straight scoop If ... Continue Reading »

What’s an Asset in Bankruptcy?

May 1st, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott When you meet with your bankruptcy lawyer, you'll have to fill out a fairly lengthy questionnaire about your finances.   Among other things, you'll need to ... Continue Reading »

The U.S. Trustee (“Nobody Expects the Spanish Inquisition!”)

March 6th, 2011  |  1 Comment ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott When you go to court for your Chapter 7 bankruptcy hearing in Charleston, you'll likely notice someone sitting over to the right watching the proceedings.   ... Continue Reading »

Bankruptcy and Your 401(k) Loan

February 12th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott 401(k) loans are treated differently in Chapter 7 bankruptcy than they are in Chapter 13 bankruptcy.   And by "401(k) loans" I mean any deferred compensation ... Continue Reading »

Means Test Car Ownership Expense Decided by U.S. Supreme Court

January 12th, 2011  |  1 Comment ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott The United State Supreme Court has held that a debtor cannot claim the auto ownership expense on the Bankruptcy Code's means test unless the debtor has ... Continue Reading »

Bankruptcy and Coupons

January 3rd, 2011  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy--in Charleston or anywhere else--means money is tight.   Bankruptcy also gives the "honest but unfortunate debtor" a fresh start.   Debts are discharged, and ... Continue Reading »

Mortgage Stripping in Bankruptcy

December 18th, 2010  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Mortgage modification in bankruptcy is a confusing topic.   Some say you can.   Some say you can't. As with most bankruptcy issues, the answer ... Continue Reading »

Filing Bankruptcy with Your Husband: “Stand by Your Man”

December 10th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy when you're married usually means both spouses filing together, but not always. The Bankruptcy Code is clear that even when a married couple files together, ... Continue Reading »

Judgments and Bankruptcy

November 4th, 2010  |  4 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott I frequently get questions about judgments.   Some of the questions I'm asked are: Must I file bankruptcy prior to being sued? Must I file bankruptcy prior to ... Continue Reading »

Senior Citizens and Bankruptcy: When the Wolf is at Grandma’s Door

October 26th, 2010  |  2 Comments ››

Guest post written by Philadelphia Bankruptcy Lawyer, Dan Mueller When I first started taking bankruptcy cases in the 1990s, I rarely had a senior citizen as a client.   Today, it is not unusual ... Continue Reading »

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