Consumer Bankruptcy Lawyers in Mount Pleasant, South Carolina

Find the right Consumer Bankruptcy attorney in Mount Pleasant, SC

Bankruptcy is a legal process allowing an individual or business to have some or all of their debt excused. It is almost always considered as a last resort because it can have some negative long-term consequences which must be considered, even if you eventually decide that they are outweighed by the benefits. Bankruptcy is a formation of federal law, and goes through federal courts. Therefore, the process governing bankruptcy in South Carolina will be roughly the same as it is everywhere else in the U.S. But individual courts have different rules for what property is exempt, so you should consult a local Mount Pleasant, South Carolina before you file.

Chapter 7 Bankruptcy in Mount Pleasant, South Carolina

There are 2 typical forms of consumer bankruptcies in Mount Pleasant, South Carolina: Chapter 7 and Chapter 13 bankruptcy. Chapter 7 involves liquidation of part of a debtor's assets. It requires that a certain percentage of the debtor's property to be sold to pay off as much debt as possible. The majority of property that most people own, however, is exempt. This typically includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

Once all non-exempt assets are sold, and the money from the sales turned over to the creditors, most remaining debt is excused. But some forms of debt cannot be discharged through Chapter 7 bankruptcy. These include child support payments, student loans, and criminal fines, among others. If most of your Mount Pleasant, South Carolina debts are not dischargeable, you may want to consider options other than bankruptcy.

Chapter 13 Bankruptcy in Mount Pleasant, South Carolina

In Mount Pleasant, South Carolina, Chapter 13 is substantially different from Chapter 7. Chapter 13 may or may not be the best choice for you; this depends on the facts of your specific situation. Chapter 13 bankruptcy does not discharge debt. Instead, it restructures it. This involves the bankruptcy court coming up with a new payment plan that supersedes the terms of the arrangements that gave rise to the debt in the first place. This results in an adjusted payment plan that the debtor should find manageable, if he or she can make a few sacrifices.

Which Type of Consumer Bankruptcy Should I File in Mount Pleasant, South Carolina

Whether Chapter 7 or Chapter 13 is the right choice for you depends heavily on your distinct situation. If you have a stable income stream, and a lot of non-exempt property, Chapter 13 might be right for you. If you don't have a stable income, and most of your property is exempt, Chapter 7 might be a better way to go.

Of course, you should always seek the counsel of an accomplished local Mount Pleasant, South Carolina bankruptcy attorney before you make the decision to file. He or she will be able to advise you of your options, and suggest the best possible course of action for your specific situation.

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Life in Mount Pleasant

Mount Pleasant is a city located in South Carolina. Some history on this charming city is that over three hundred years ago, it was home to the homes of the first Europeans. Since then, Mount Pleasant has developed into a wonderful city for families to live in, and local businesses to establish themselves.

Popular attractions to visit include the Patriots Point Naval Maritime Museum, Boone Hall Plantation, the Charlestown National Golf Club, Charleston Harbor and Water Taxi, Mount Pleasant Waterfront Park, Pitt Street Bridge, and Cinebarre.

Mount Pleasant is also home to experienced attorneys who have established themselves in various areas of law. These attorneys run successful legal practices and ensure the best legal services to their clients.

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