South Carolina Bankruptcy Law

If you are currently experiencing great financial challenges, bankruptcy may be able to provide a path for you towards debt relief. At The Howze Law Firm, our bankruptcy attorney will help you maximize the benefits afforded to you by the Bankruptcy Code of the United States.

South Carolina Bankruptcy Lawyer

It can be a relief to know that there is a place you can turn to for debt relief with the aid of a seasoned South Carolina bankruptcy lawyer. A bankruptcy lawyer at The Howze Law Firm will put you at ease and steer you through the process based on your specific needs to help you overcome this very challenging time.

Chapter 7 & 13 Bankruptcy

A Chapter 7 (Straight Bankruptcy) liquidates the debtor’s assets so that they can be distributed to creditors. This may sound overwhelming, but most debtors do not lose any assets when they file for bankruptcy. South Carolina allows certain exemptions for assets that are protected during bankruptcy.

On the other hand, in a Chapter 13 bankruptcy, the debtor typically keeps their assets in exchange for a payment plan to pay some of his debts. The payment plan is based on future income.

Whether you are just beginning to consider bankruptcy or if you have already filed bankruptcy, our bankruptcy lawyer at The Howze Law Firm understands what you are up against. We understand that financial stress brings fear and embarrassment. Here we do not judge and will treat you with respect during this process. Knowing where to turn for help is crucial in saving you resources, time, and energy.

It is a huge advantage to have an experienced bankruptcy attorney at your side to fight for your best interest. Call us today for a consultation free of obligations.

What Our Clients Ask?

What Type Of Bankruptcy Is Best For Me?

It depends. No two situations are the same. Most of the time individual debtors file a Chapter 13 or Chapter 7 bankruptcy. If you have credit card debt or medical bills, you may be eligible to file Chapter 7 bankruptcy to discharge your unsecured debts. If you want to prevent foreclosure or keep your car and possessions, Chapter 13 might be your best option. Contact The Howze Law Firm to see what option is best for you.

Why Chapter 7 Bankruptcy?

Most bankruptcies filed are Chapter 7. These cases generally take 3-4 months to complete. Chapter 7 does not have a debt repayment plan. Debts are discharged in full and give the debtor an opportunity to start fresh without a lot of debt hanging over their head.

It would not include debt such as student loans, child support or alimony, court fines or penalties, damages caused by driving under the influence, and other exceptions.

Can I File Without My Spouse?

Yes, you can file without your spouse. You can work with your bankruptcy attorney to determine if that is the best option for you. If the debt that you need to get rid of is only in one spouse’s name, then it may not be necessary for both spouses to file. If both spouses are named on debt and only one file, the other spouse is at risk of being pursued by the creditor for payment.

How Do I Know If I Qualify For a Chapter 7 Bankruptcy?

To file for a Chapter 7 bankruptcy, you must qualify under the Means Test Limits imposed by Congress. A bankruptcy attorney will collect information regarding your monthly income and expenses to determine if you are eligible. The Means Test sets income limits for households filing Chapter 7 bankruptcy. You may deduct certain expenses up to IRS guidelines depending on your family size. A bankruptcy attorney can help you with all of this.

How Do I Know If I Qualify For a Chapter 7 Bankruptcy?

To file for a Chapter 7 bankruptcy, you must qualify under the Means Test Limits imposed by Congress. A bankruptcy attorney will collect information regarding your monthly income and expenses to determine if you are eligible. The Means Test sets income limits for households filing Chapter 7 bankruptcy. You may deduct certain expenses up to IRS guidelines depending on your family size. A bankruptcy attorney can help you with all of this.

Can I File Without My Spouse?

Yes, you can file without your spouse. You can work with your bankruptcy attorney to determine if that is the best option for you.  If the debt that you need to get rid of is only in one spouse’s name, then it may not be necessary for both spouses to file. If both spouses are named on debt and only one file, the other spouse is at risk of being pursued by the creditor for payment.

Can Creditors Continue To Call Me After I File For Bankruptcy?

Generally, once a debtor files for a Chapter 7 bankruptcy, creditors cannot continue to call. The creditor must also stop all collection actions including foreclosure proceedings and lawsuits.

Can I Keep My Car?

Yes. Both Chapter 7 and Chapter 13 allow for you to keep your vehicle. In Chapter 7 a debtor is given an opportunity to keep their vehicle by signing a reaffirmation agreement (new contract with the same or similar terms of the original purchase agreement for the vehicle) if the vehicle payments are considered current by the creditor.

Can I Keep My Car?

Yes. Both Chapter 7 and Chapter 13 allow for you to keep your vehicle. In Chapter 7 a debtor is given an opportunity to keep their vehicle by signing a reaffirmation agreement (new contract with the same or similar terms of the original purchase agreement for the vehicle) if the vehicle payments are considered current by the creditor.

Can Creditors Continue To Call Me After I File For Bankruptcy?

Generally, once a debtor files for a Chapter 7 bankruptcy, creditors cannot continue to call. The creditor must also stop all collection actions including foreclosure proceedings and lawsuits.

What Fees Are Associated With Filing A Bankruptcy?

Both Chapter 7 and Chapter 13 bankruptcies have attorney fees. The debtor is also responsible for the filing fees for the court. The Chapter 7 filing fees are $338 and Chapter 13 fees are $313.00. The filing fees are due at the time of filing unless the court approves an installment plan or fee waiver.

How Long Does Bankruptcy Stay On My Credit?

Chapter 13 bankruptcy is deleted seven years from the filing date because it requires at least a partial repayment of the debts you owe. Chapter 7 bankruptcy is deleted 10 years from the filing date because none of the debt is repaid.  However, paying your bills on time for about 18 months helps to re-establish a good credit rating which would prove that you can manage your finances sensibly.  

How Do I Apply For Bankruptcy Help?

We would be happy to help. Our law office offers free consultations by phone. Our bankruptcy lawyer will get some initial information from you about your debts, assets, expenses, and incomes to determine which option is best for you. 

Call us today.

” We are a debt relief agency.
We help people file for relief under the Bankruptcy Code.”