Our bankruptcy process is easy. You work directly with your bankruptcy attorney in a series of telephone interviews. During these interviews, you and the attorney review your specific facts to prepare your case and to ensure that you are ready for your bankruptcy hearing. Once your case is prepared, you have a final office appointment… Read More »Bankruptcy Process
United States Bankruptcy Court Forms When we prepare your bankruptcy together, we will prepare a very long document that includes details respecting your property, income, creditors, and financial history. These documents will then be reviewed by your case trustee who will ask you questions about your bankruptcy documents at your hearing. When you sign your… Read More »Bankruptcy Forms
VALUING VEHICLES CASE LAW ON VEHICLE VALUATIONS InReBrown Debtor failed to present evidence of retail value to overcome creditor’s objection. InReOrtiz Court weighs evidence of retail value in current condition presented by both Debtor’s and Creditor’s expert witnesses. VALUING MOBILE HOMES CASE LAW ON MOBILE HOMES InReMcLain A mobile home lien may be valued down… Read More »Valuations Of Property
Be careful of transferred property, especially to a family member. Bankruptcy offers a fresh start and offers a way to hold on to the property that you need to make a fresh start. The key to receiving bankruptcy protection is complete disclosure. (what lawyers call “good faith”). One of the most important ways the trustee and… Read More »Transfers Of Property
The information gathered during your bankruptcy preparation process allows us to provide the bankruptcy court the information required to successfully process your bankruptcy case. Rule 1007. Lists, Schedules and Statements; Time Limits (See also 11 U.S.C. § 521. Debtor’s duties)Additionally, certain documents must be provided, or available, to the bankruptcy trustee. Rule 4002. Duties of Debtor (See also 11 U.S.C. § 1308. Filing of… Read More »Required Hearing
Two short education classes are required for all persons who seek bankruptcy protection. You will complete these courses with an outside agency approved by the department of justice. The first course is required before you file, the second course is required after you file. You can complete these courses by email or by phone. There is an… Read More »Credit Counseling Certificate
To get your case started we will collect: During our bankruptcy process, you will be asked for the following information:> Last two years tax returns (both state and federal, or affidavit of exemption from filing: click here)> Pay stubs (or equivalent receipt of your source of income) for past six (6) months> The source, amount, and frequency of… Read More »Required Information
The Means Test determines whether you qualify for relief under Chapter 7 and, if you file Chapter 13, what your plan payment will be. https://www.justice.gov/ust/means-testing To qualify for Chapter 7, according to the Means Test, your monthly income less reasonable expenses (some actual expenses & some local/national standards) must be less than the “median income” for South Carolina. If… Read More »The Means Test
Exemptions are a very important part of your bankruptcy. In a Chapter 7 liquidation, the property that you are permitted to keep is the property that qualifies as exempt under state law. If there is a judgment lien or lien in “household goods” on exempt property, we can file a Motion asking the bankruptcy court to avoid… Read More »Exemptions
Reasons to file Chapter 13 To qualify for a Chapter 13 you must demonstrate, through your bankruptcy documents, that you can pay into a 60 month plan the amount required by the bankruptcy code: What goes into a Chapter 13 plan payment? Read More If your income requires you to file a Chapter 13, the Bankruptcy Code… Read More »Chapter 13 Bankruptcy