what does a lawyer charge for a chapter 7 bankruptcy in south carolina

How much does a bankruptcy lawyer charge?

Mar 30, 2022 · Mar 30, 2022 - Bankruptcy attorneys in South Carolina cost between $1,100 and $1,200. But Upsolve gives free assistance for chapter 7 bankruptcies. Upsolve Civil …

Can I file bankruptcy without an attorney in South Carolina?

In a Chapter 7 bankruptcy you wipe out your debts and get a “Fresh Start”. Chapter 7 bankruptcy is a liquidation where the trustee collects all of your assets and sells any assets which are not exempt. (see South Carolina Exemptions) The trustee sells the assets and pays you, the debtor, any amount exempted. The net proceeds of the ...

How do I find a local bankruptcy attorney in South Carolina?

The reliable team at Benjamin R. Matthews and Associates, LLC can clarify all the details of both options, and if you decide you want to file for Chapter 7 bankruptcy, we will be there with you, every step of the way. Call us today at (803) 799-1700 or contact us online for a free initial evaluation. We are a debt relief agency.

What is a Chapter 7 bankruptcy?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived. Chapter 13 Requirements If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted.

What is the means test for Chapter 7 in SC?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

What Cannot be included in a Chapter 7 bankruptcy?

Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Mar 21, 2022

What debts are not erased when you file for bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.Nov 2, 2020

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy is a liquidation where the trustee collects all of your assets and sells any assets which are not exempt. (see South Carolina Exemptions) The trustee sells the assets and pays you, the debtor, any amount exempted.

Can you discharge debt in Chapter 7 bankruptcy?

Certain debts cannot be discharged in a Chapter 7 bankruptcy, such as alimony, child support, fraudulent debts, certain taxes, student loans, and certain items charged. (see South Carolina Non-Dischargeable Debts) In most Chapter 7 cases, the debtor has large credit card debt and other unsecured bills and very few assets.

What does Chapter 7 bankruptcy do?

Declaring Chapter 7 bankruptcy allows you to eliminate unsecured debt, which can give you a brand new start. It does not eliminate past due child support payments, however, nor most school loans, certain taxes and a few other types of debt. It is primarily for those overburdened by debt, with no other alternative.

Why do people choose Chapter 7 bankruptcy?

Our law firm can help you understand your options. Chapter 7 bankruptcy allows individual consumers to wipe out most debts by having the U.S. Bankruptcy Court issue what is called a "Discharge of Debt.". The main reason most people choose Chapter 7 instead of Chapter 13 bankruptcy is that Chapter 7 eliminates the need to pay back creditors ...

What happens if you file Chapter 7?

If you qualify under Chapter 7, you can get rid of unsecured debt but won't lose your house or have your car repossessed. Chapter 7 means creditors will stop harassing you over the phone and your mailbox won't be full of those embarrassing red late payment notices.

Is Chapter 13 bankruptcy better than Chapter 13?

It is primarily for those overburdened by debt, with no other alternative. A Chapter 13 bankruptcy may be a better option if you have a lot of equity in real property or own other assets, such as motor vehicles, boats, furniture, electronics and appliances.

Can you qualify for Chapter 7?

In particular, only certain people qualify, based on a method called the Chapter 7 means test. In general, if your income is less than the median household income, you qualify . However, there are many other factors that also need to be considered, including your disposable income and ability to repay some debts.

How much does it cost to file for bankruptcy?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived. If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted.

What is automatic stay in bankruptcy?

Automatic Stay. Once you have filed your paperwork with the bankruptcy court, an automatic stay immediately goes into effect. This provision prevents creditors from making direct contact with you or staking a claim on any of your property from the day of filing forward. This will stop any foreclosure proceedings.

What is the job of a trustee in bankruptcy?

A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible.

What happens if you file Chapter 13?

If you have filed Chapter 13, you must begin making your plan payments. Generally these payments will be withdrawn directly from your wages and you or your attorney should arrange with the court for these payments to be deducted from your wages . Automatic Stay.

What is a 341 meeting?

341 Meeting of Creditors. Approximately a month after filing, the trustee will call a first meeting of creditors, which the debtor must attend. This proceeding is also referred to as the § 341 meeting, named after the corresponding section of the bankruptcy code.