Find a Bankruptcy Lawyer in Spartanburg, South Carolina

Learn more about LegalMatch lawyers' expertise, history, education, and fees beforehand.

  • /10
  • Client Overall
    Satisfaction Rate*
*TrustPilot score as of 010118

In Spartanburg, South Carolina, bankruptcy is a judicial process in which the debts of a person or business can be excused or restructured. This allows the debtor to climb out of a financial hole, and move on with a clean slate, which is often more economically feasible than requiring the debtor to pay off everything they owe. Remember, though, that bankruptcy should not be viewed as a fitting way to get out of debt that you don't feel like paying back. It is meant to serve as an option of last resort for people and businesses faced with debt that they will probably never be able to pay back. The decision to file for bankruptcy can result in negative consequences, such as damaged credit ratings, which must be seriously weighed against the probable benefits.

Therefore, it is advisable to consult with an experienced Spartanburg, South Carolina bankruptcy attorney, who can advise you of the costs and benefits of bankruptcy. Because the decision to file for bankruptcy depends very heavily on the facts of each individual case, the advice of a Spartanburg bankruptcy attorney cannot be replaced.

Types of Bankruptcy in Spartanburg, South Carolina

There are three basic bankruptcy schemes that are most commonly used in Spartanburg: Chapters 7, 13, and 11. Bankruptcy is a creation of federal law, so the process for filing for bankruptcy in Spartanburg, South Carolina will be roughly the same as it would be anywhere else in the U.S. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her property, and use the funds to pay creditors. While this doesn't sound like much of a relief at first glance, the upshot is that once the appropriate property is sold, and the proceeds directed to the creditors, all of the debtor's eligible debts are deemed paid in full, regardless of how much the creditors actually ended up getting. Not all of the debtor's property has to be sold off - the debtor will typically be allowed to keep things like a house, at least one car, some types of personal property, retirement accounts, and insurance policies. It should be noted that some debts are not dischargeable, and will have to be paid in full even if the debtor files for bankruptcy. This includes student loans, taxes, and criminal fines.

Under Chapter 13 bankruptcy in Spartanburg, most of the debtor's debt is not discharged. Instead, the bankruptcy court, working with the debtor and participating creditors, work out a payment plan that allows the debtor to pay off most of his or her debts over an extended period of time, therefore theoretically making the debt far more manageable. Once a payment plan is approved by the court, creditors are prohibited from attempting to collect payment under their original agreements that gave rise to the debt in the first place. Though applicable to individuals, Chapter 11 bankruptcy is typically used by businesses. Like Chapter 13, Chapter 11 requires the restructuring of debts. Under this system, the debtor must come up with a plan to reduce debt, cut costs, and improve operations. Once this plan is finalized, it is submitted to the participating creditors, who must approve it by a majority vote before it can be implemented.

One major advantage of Chapter 11 bankruptcy is that it allows businesses to continue their operations while the process plays out. Moreover, their stock can still be bought and sold.

How Can a Spartanburg Bankruptcy Lawyer Help?

The decision to file for bankruptcy in Spartanburg is not one to be made easily, and it definitely should not be made without first obtaining the advice of an efficient Spartanburg bankruptcy attorney.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Spartanburg

Spartanburg describes itself as "historically southern, culturally modern." The city is located near the Blue Ridge Mountains. It has a pleasant climate and a population of around 40,000. It is specifically located at the I-26 and I-85 junctions, making it nearby to the beach, mountains, and resorts!

Popular sites include the Spartanburg Little Theater at the Chapman Cultural Center, Duncan Park, Spartanburg County Museum of Art, Spartanburg Memorial Auditorium, Tony White Theatre and Twichell Auditorium. Downtown is also filled with great shopping and dining!

The legal force also has a presence in Spartanburg because many attorneys have established successful practices here. These attorneys are very experienced in their respective fields and focus on provide excellent legal services to local residents and businesses.

All in all, Spartanburg is a charming city to both live in and visit!