chapter 7

Filing Bankruptcy to Get Your South Carolina Driver’s License Back

February 16th, 2014  |  No Comments ››

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 ... Continue Reading »

Bankruptcy and Family Law: An Overview

January 21st, 2013  |  2 Comments ››

By Greenville Family Law Attorney Rustin Duncan, Associate at King Law Offices, Greenville, South Carolina The current financial downturn has led to financial stress for millions of married couples in our country. Many have ... Continue Reading »

How Much Will My Chapter 13 Payments Be?

July 29th, 2012  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Once we decide a Chapter 13 bankruptcy is in your best interest, the next question you'll probably ask is, "how much will my Chapter 13 payment ... Continue Reading »

Exemptions in Bankruptcy

June 18th, 2012  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott When people starting thinking of bankruptcy, they wonder about whether their property will be taken.  "Will they take my house? Will they take my car?" they ... Continue Reading »

Suze Orman’s Horrible Advice: Hey, Girlfriend!

March 25th, 2012  |  4 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Senior citizens have problems with debt just like everyone else.  Over the last couple of weeks, I've met with two sweet older ladies to discuss their ... Continue Reading »

Bankruptcy is GOOD for Your Credit Score!

February 20th, 2012  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Bankruptcy is GOOD for your credit score! "Wait a second!" you say, "bankruptcy ruins your credit for 10 years.  Everyone knows that!"  False. People come to me with ... 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 »

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 »

Will the Bankruptcy Trustee Take My Jewelry?

August 25th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott "The bankruptcy trustee will sell all your jewelry" isn't an accurate statement about what happens when you file bankruptcy. Over the last few months, I've had a ... 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 »

Chapter 13 Bankruptcy: Should You Buy a Car Prior to Filing?

April 13th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy changed significantly in 2005 with the advent of our new Bankruptcy Code.   As I tell my clients, "Chapter 13 used to be ... 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  |  3 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 »

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 »

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 Experiences #4

September 27th, 2010  |  2 Comments ››

Written by Charleston Bankruptcy Attorney, Russell A. DeMott I have a soft spot in my heart for my bankruptcy clients, but this couple really stands out.   As described below, they did indeed go ... Continue Reading »

Bankruptcy Documents: It’s a Moving Target!

September 20th, 2010  |  1 Comment ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy involves assembling documents for your lawyer--lots of documents.   If you don't know this yet, well, Grasshopper, you have just begun your quest to ... Continue Reading »

Stopping Foreclosure With a Chapter 7 Bankruptcy

September 12th, 2010  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 7 bankruptcy can slow down foreclosure, but it's not the best way to stop foreclosure. Chapter 7 bankruptcy is the most common kind of consumer bankruptcy. ... Continue Reading »

South Carolina Bankruptcy Court Rules on Student Loan Discharge

September 5th, 2010  |  No Comments ››

Guest Post Written by Brandon Moreno of the Utah Bankruptcy Hotline The South Carolina Bankruptcy Court recently issued an opinion clarifying the circumstances in which it is possible to obtain a discharge ... Continue Reading »

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