Question 1

Where do I file for bankruptcy in Charleston, South Carolina?

Accepted Answer

You can file for bankruptcy in Charleston at the United States Bankruptcy Court for the District of South Carolina.

Question 2

Where can I get bankruptcy forms in Charleston, South Carolina?

Accepted Answer

You can obtain Charleston bankruptcy forms from the United States Courts website. You can access and download forms using this link: https://www.uscourts.gov/forms/bankruptcy-forms

Question 3

Does your bankruptcy case in Charleston affect your credit score?

Accepted Answer

Filing for bankruptcy in Charleston can negatively impact your credit score, but the severity will depend on the type of bankruptcy you file and your individual financial circumstances. It is possible to rebuild your credit after bankruptcy, but it will take time and effort. In most cases, it will take several years to reach a credit score of 700 or higher after filing for bankruptcy.

Question 4

Is it important to dispute misstatements involving the value of your assets in Charleston?

Accepted Answer

Yes. It is necessary to dispute misstatements involving the value of your assets in Charleston. Obtaining the right value of assets is important because it will affect your debts to pay. You can work with a bankruptcy lawyer to help you file a dispute and communicate with an expert witness to evaluate your assets.

Question 5

Can you lower your mortgage payments in Charleston through bankruptcy?

Accepted Answer

No. However, in chapter 13, you cannot still lower your monthly payment in Charleston but you can eliminate your second mortgage. It is called "second mortgage stripping" or "valuing it" at zero. You can lower your second mortgage by proving that it is an unsecured debt. Note that the second mortgage should be wholly unsecured.

Question 6

What other forms of debt cannot be discharged in Charleston?

Accepted Answer

Debts that cannot be discharged in Charleston include child support and alimony obligations, debts resulting from a DWI case, and fines issued by the government due to unlawful acts. Student loans and income tax debts cannot be also discharged unless you file a petition to the court. You can hire an attorney to help you process your petition.

Question 7

If debtors file for bankruptcy in Charleston, how can creditors fight the automatic stay?

Accepted Answer

Creditors in Charleston are encouraged to work with bankruptcy attorneys to help them understand how the automatic stay works. Lawyers can help creditors lift stay motions and file fraudulent conveyance claims. They also represent them during adversary proceedings, assist in evaluating chapter 11 and 13 plans, and preserve and enforce clients' lien rights.

Question 8

What does a bankruptcy attorney do?

Accepted Answer

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

Question 9

What happens when you file bankruptcy?

Accepted Answer

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Question 10

Can you file bankruptcy on student loans?

Accepted Answer

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

Question 11

What is bankruptcy fraud?

Accepted Answer

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

Hiding assets by transferring them to another person or entity
Intentionally omitting assets when reporting to the court
Destroying or withholding required documents
Knowingly making false statements to bankruptcy trustees or creditors

Question 12

How long is bankruptcy on public record?

Accepted Answer

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Question 13

Does bankruptcy clear tax debt?

Accepted Answer

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

Federal income tax debt related to current properly filed tax returns
Honestly incurred with no fraud or evasion
At least three years old
Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.

Question 14

Can they take my car in Chapter 7 bankruptcy?

Accepted Answer

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

Question 15

How bad is it to file bankruptcy twice?

Accepted Answer

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Question 16

Can anyone file bankruptcy?

Accepted Answer

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

Question 17

How will bankruptcy affect my credit score?

Accepted Answer

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

Question 18

What are the benefits of filing for bankruptcy?

Accepted Answer

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

Question 19

What's the difference between debt settlement and bankruptcy?

Accepted Answer

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

Attorney Names	Bar Status	Experience
Robertson Wendt - Member/Managing Member	Active	42 yrs
Thomas Shook - Member	Active	23 yrs
Magalie Creech - Member	Active	13 yrs

Attorney Names	Bar Status	Experience
Harry Goldberg - Member	Active	50 yrs
Thomas Shook - Member	Active	23 yrs

Attorney Names	Bar Status	Experience
Brandon Gaskins - Member	Active	19 yrs
Christopher Colwell - Member	Active	20 yrs
Zachary Smith - Partner	Active	8 yrs

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Frequently Asked Questions

Where do I file for bankruptcy in Charleston, South Carolina?

Where can I get bankruptcy forms in Charleston, South Carolina?

Does your bankruptcy case in Charleston affect your credit score?

Is it important to dispute misstatements involving the value of your assets in Charleston?

Can you lower your mortgage payments in Charleston through bankruptcy?

What other forms of debt cannot be discharged in Charleston?

If debtors file for bankruptcy in Charleston, how can creditors fight the automatic stay?