south carolina

Why Are Some Creditors So Stupid? “The Grand Illusion”

by Russell A. DeMott, Charleston Bankruptcy Lawyer

I’ve been thinking of some of the bizarre things I’ve seen creditors do lately.  You’ll find a lot written about abusive creditors, mean creditors, heartless creditors, and law-breaking creditors here at Bankruptcy Law Network.  But what about stupid, self-destructive creditors? It’s obviously bad to violate the Fair Debt Collection Practices Act or the Bankruptcy Code’s [...]

Foreclosure: Should You Embrace It?

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Foreclosure or not?  I’ve been using the  f-word a lot here in my Summerville, South Carolina law office.  (That’s “foreclosure,” not the other f-word, by the way.)  And I’ve noticed a transition in attitudes among clients.  It’s gone from, “I don’t want foreclosure no matter what” to “let’s discuss what happens if my lender forecloses.”  [...]

Filing Bankruptcy and Your Bankruptcy Judge

by Russell A. DeMott, Charleston Bankruptcy Lawyer

When you file bankruptcy, you might think you’ll have a trial in a courtroom with a judge ruling on whether you can discharge your debts.  Clients in my Charleston, South Carolina bankruptcy practice often have that misconception of the bankruptcy process.  It makes sense to think of a judge in a courtroom because that’s how [...]

Chapter 13 Bankruptcy Feasibility

by Russell A. DeMott, Charleston Bankruptcy Lawyer

To get your Chapter 13 bankruptcy confirmed (approved) you’ll need to show that you’ve proposed a “feasible” plan.  If you haven’t, your plan can’t be confirmed, and your case must be dismissed. Chapter 13, unlike Chapter 7 (straight bankruptcy), is all about your plan.  You submit a plan, and the plan must do certain things.  [...]

In a move that shocked and amazed the South Carolina bankruptcy community, attorney Dennis Toney of Charleston scored a big victory for his clients by successfully challenging the application of the 910-day rule. Toney’s keen analysis has led some to question whether Toney is part Vulcan, or 100% human as previously thought.  An investigation is [...]