Practice Areas - The Howze Law Firm

Frequently Asked Questions

Q: What's the difference between Chapter 7 and Chapter 13 bankruptcy?

A: Chapter 7 bankruptcy is known as liquidation because the trustee sells your assets to pay creditors. While you can keep exempt property, such as your home and car, the trustee will sell non-exempt property, like luxury vehicles. On the other hand, filing for Chapter 13 requires you to agree to a repayment plan where you send creditors monthly payments for three to five years. This chapter lets you keep your property while reorganizing your finances. A lawyer will help decide which chapter is right for you.

Q: Will I lose my assets during bankruptcy?

A: If you want to discharge your debts by filing for bankruptcy, you can keep certain assets depending on the chapter you choose. Chapter 7 bankruptcy typically lets the debtor keep their home, one vehicle, household goods, tools for work, and other necessities. This way, you won't be left without a home, household possessions, or a way to get to work. The trustee will sell non-exempt items. If you choose Chapter 13, you can keep your belongings if you keep making payments for the trustee to give to creditors.

Q: What are the grounds for divorce in South Carolina?

A: This state recognizes four grounds for divorce. They include adultery, physical cruelty, habitual drunkenness, and desertion for at least one year. To qualify for these grounds for divorce, you'll need to present evidence that supports your claim, which your lawyer will help you collect. If none of these grounds apply or you don't want to spend time in court proving fault, you can opt for a no-fault divorce from your spouse.

Q: How soon can I file for divorce?

A: If you pursue a no-fault divorce, you must live apart from your spouse for at least one year before you can petition the court. So, after 365 days of living in separate houses, you can begin divorcing your spouse. This can take a few months if you agree on terms, or it could take much longer if you can't agree. If you choose a fault-based divorce, you can file immediately, but you must wait 90 days for the final hearing. As such, you could be divorced within 90 days if you're prepared to prove fault.

Q: Can I legally adopt my step-child?

A: Adopting a step-child can benefit the whole family. Not only does it help the child feel like part of a family unit, but it also allows you to add them to your insurance policies, collect child support for them, and pass your government benefits to them. If you want to reap these rewards, you must first have the consent of both biological parents. Then you'll have to go through family court to finalize the adoption, which your lawyer will prepare you for.

Q: How does bankruptcy affect child support?

A: The bankruptcy filing process can help you get out of debt since it lets you discharge most bills. However, the bankruptcy court does not allow you to discharge every type of debt. For instance, your bankruptcy filing decision won't eliminate unpaid taxes, alimony, or child support. So, if you want to file for bankruptcy to get out of paying current or past-due support for your children or ex-spouse, it won't work. You must keep making payments, though you can request a modification of support if you cannot afford payments after the bankruptcy filing process.

Q: How can I get an uncontested divorce?

A: If you and your spouse agree on the terms of your divorce, it's an uncontested case. This means you agree on who gets which marital property and debts, how often you will see your children, and how much financial support is necessary to pay for the lifestyles of the children and one spouse. If you and your spouse disagree on the terms, you can attend mediation until you reach a compromise. If that doesn't work, you'll have a contested divorce that may need to go to trial to be finalized.

Q: What happens when only one spouse files for bankruptcy?

A: When one spouse initiates a bankruptcy case, the non-debtor spouse might wonder what will happen to their separate property and any community property they own together. According to the bankruptcy code, all property the debtor spouse owns goes into the bankruptcy estate to help pay the debt. But that doesn't necessarily mean all of it will be taken to pay creditors, since some property in the bankruptcy estate may be exempt or not considered the sole property of the debtor spouse. If you're a non-debtor spouse worried about losing property, contact a lawyer for advice.