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Debt Limit in Chapter 13

    Debt limit: Pursuant to § 109(e) “only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $360,475 . . . may be a debtor under chapter 13 of this title.”12 For Chapter 13 relief, it is clear that only individuals qualify.… Read More »Debt Limit in Chapter 13

    It is important that you are counseled by a local bankruptcy attorney prior to deciding to file bankruptcy.

      Walker v. UpRight Law (In re Walker), C/A No. 18-04406-hb, Adv. Pro. No. 18-80075-hb, slip op. (Bankr. D.S.C. Jun 21, 2019)It is important that you are counseled by a local bankruptcy attorney prior to deciding to file bankruptcy. SC Court denies, Chicago based, Upright Law’s Motion to Dismiss, finding that There was no evidence that… Read More »It is important that you are counseled by a local bankruptcy attorney prior to deciding to file bankruptcy.

      College Tuition May Be Considered a Preference

        Payments towards college student expenses and tuition may be held to be preference or fraudulent transfers if the student is above the age of majority. This issue has not been heard in South Carolina as of 10-9-19. Geltzer v. Oberlin Coll. (In re Sterman), 594 B.R. 229 (Bankr. S.D.N.Y., 2018)

        Violations of the Automatic Stay

          Debtor awarded $10,000 towards his truck after Court holds that repossessing creditor engaged in an egregious violation of the automatic stay. Chambers v Auto Brokers, 2018

          Hardship discharge of student loans

            Debtor meets the “totally and permanently” disabled test: https://drive.google.com/file/d/1epplqhG5U2vwfdcTsKfEZAgNGBFEfz2_/view?usp=sharing

            MORTGAGE FEES AND EXPENSES

              SC Bankruptcy court limits a creditor’s claim for fees and costs in the Chapter 13 Plan. In re Longhurst, C/A No. 19-01926-hb, slip op. (Bankr. D.S.C. Oct 29, 2019) ORDER REGARDING MOTION TO DETERMINE MORTGAGE FEES AND EXPENSES