bankruptcy code

The Craziness of Student Loan (Non) Dischargeability

December 4th, 2011  |  3 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 »

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 »

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 »

Mortgage Stripping in Bankruptcy

December 18th, 2010  |  7 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  |  8 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 »

South Carolina Bankruptcy Median Income Figures DOWN!

October 19th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott South Carolina bankruptcy filers will now have to face the reality of lower median income figures starting November 1.   "Median" means the 50th percentile--that is, ... Continue Reading »

Bankruptcy Petition Preparers: Should You Hire One?

June 20th, 2010  |  No Comments ››

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

Bankruptcy Reaffirmation Agreements (Part Four)

April 8th, 2010  |  3 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 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 ... Continue Reading »

Chapter 7 Bankruptcy: The Means Test (Part One)

October 2nd, 2009  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott If you want to file a Chapter 7 bankruptcy, and your income is over the median income for your state, you must take a "means test" ... Continue Reading »

Filing Bankruptcy on “It”

September 5th, 2009  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott The Bankruptcy Code requires debtors to list all debts in their bankruptcy paperwork (called "schedules").   You cannot pick what debts to include in your bankruptcy ... Continue Reading »

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