At Benjamin R. Matthews and Associates, LLC, our South Carolina bankruptcy attorneys understand how important this question is to anybody looking for more information about Chapter 7 and Chapter 13 bankruptcy. Choosing to file for bankruptcy is a major decision that should not be taken lightly. Filing for bankruptcy, however, can be a confusing and intimidating process. You may have more questions than answers. That's why we've compiled a list of frequently asked questions our firm receives about bankruptcy.
If you don't see your question listed, contact us today. A reliable, experienced bankruptcy attorney at Benjamin R. Matthews and Associates, LLC is ready to help assess whether bankruptcy is the right decision for you. Call 803-799-1700.
How do I know if I should file for bankruptcy?
It's hard knowing what to do when facing a financial crisis. You may be confused about how to protect your home, keep your car, eliminate your debt and hold on to valuable possessions. Bankruptcy can be the smartest way to take control of rising debt. If you got injured at work, were laid off, lost a loved one, had a major medical emergency or have been living above your means, bankruptcy can be the ideal solution. The experienced bankruptcy attorneys at the Benjamin R. Matthews and Associates, LLC can help you with either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Talk to us today to discuss your options.
Do I need an attorney to file for bankruptcy?
Though South Carolina residents are allowed to represent themselves in bankruptcy court, it's highly recommended that people looking to file contact a bankruptcy attorney. Bankruptcy has long-term financial and legal consequences. Although individuals may represent themselves in court, choosing to retain an experienced bankruptcy attorney can mean the difference between successfully rebuilding your life and facing consequences that could include losing your possessions, your car, and even your home.
What type of bankruptcy is best for me?
With the assistance of a South Carolina bankruptcy attorney, your filing status can be determined based on the types of debt you owe, your personal income, and the value of the property you own. No two bankruptcy cases are the same. For example, if you owe credit card debt that you can't afford to pay back and you meet income requirements, you may be able to file for Chapter 7 bankruptcy. On the other hand, if you're looking to consolidate loans to save a home or vehicle, Chapter 13 bankruptcy could be your best option.
How can a South Carolina bankruptcy attorney help me?
Filing for bankruptcy is an involved process that demands attention from a legal professional who understands South Carolina bankruptcy law inside and out. At Benjamin R. Matthews and Associates, LLC, our attorneys are ready negotiate with creditors such as your mortgage company or car loan bank and can provide legal representation in bankruptcy court. We are extremely familiar with all the court's requirements, and we work hard to ensure that our clients meet its strict deadlines, submitting every single piece of information required in the bankruptcy process, accurately and on time. Contact us today.
Can filing for bankruptcy end harassing creditor calls?
Yes. When you file your case, debt collection agencies and other creditors are required by law to cease communication. A failure on the part of debt collectors to do so could result in legal action.
Can bankruptcy save my home from foreclosure?
Yes. Filing for Chapter 13 bankruptcy can stop foreclosure on your home. Chapter 13 bankruptcy allows homeowners a significant amount of time to repay overdue portions of debts such as mortgage payments. Benjamin R. Matthews and Associates, LLC can help prepare a reasonable bankruptcy plan for you.
What kind of debts cannot be forgiven?
Typically, secured creditors' debts cannot be discharged. Additionally, debts such as alimony, child support, income tax, student loans, and court fees cannot be forgiven through bankruptcy.
Yes. All bankruptcies must be filed in Federal District Court. As the party seeking bankruptcy protection, you are legally required to attend one court hearing. However, most debtors never see the bankruptcy judge. A Trustee presides over your bankruptcy meeting. At this meeting, creditors may ask questions about your assets and financial conditions. While these meetings are often brief, having a South Carolina bankruptcy lawyer on your side will dramatically increase your chances of successful filing for bankruptcy. Contact us today for a free evaluation. Call 803-799-1700