Attorney at Law

Chapter 7 & Chapter 13 Bankruptcy

Ingrid H. Rudolph Chapter 7 and Chapter 13 Charleston South Carolina Bankruptcy Attorney 


Charleston Liquidation - Bankruptcy Lawyer

Chapter 7 bankruptcy is the type that most people think of when they need debt relief. As an experienced bankruptcy attorney in Charleston South Carolina I have handled many Chapter 7 bankruptcy cases. With a few exceptions, Chapter 7 bankruptcy discharges most of your debts, including medical bills, payday loans, credit card debt and even certain tax debts. Moreover, it can delay foreclosure on your home and stop creditor harassment.

Chapter 7 of the Bankruptcy Code is the liquidation chapter. It is the preferred method of filing bankruptcy for individuals who want to free themselves of debt in a simple and inexpensive way. Businesses can also use Chapter 7 to liquidate and terminate their business. In my time as a bankruptcy lawyer in Charleston I've seen it to be effective for both.

In a Chapter 7 bankruptcy in the state of South Carolina, you do not have to file a plan of repayment as in a Chapter 13 case. Instead, your debts are discharged, with the exception of “priority debts” like IRS debt, or school loans. In some cases, (but not many) even these are dischargeable. In most cases, you are allowed to keep most, if not all, of your assets in a chapter 7. Only those assets which are nonexempt will be sold by the trustee to partially satisfy claims of your creditors. Subject to the means test, you can obtain relief from Chapter 7 whether you have $1,000 in debt or $1,000,000 in debt. As your bankruptcy attorney I will go over all of this with you.

One of the primary purposes of bankruptcy is to discharge certain debts such as medical bills, credit card debt, payday loans, and most personal loans, to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a Chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual Chapter 7 bankruptcy case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property. At any rate I'm the bankruptcy lawyer here and I'll figure it out.

Say Goodbye To Creditors

Once we have filed the paperwork with South Carolina bankruptcy court an Automatic Stay goes into effect and I, as a seasoned Charleston South Carolina bankruptcy lawyer, will work to stop creditors in their tracks.

Charleston South Carolina Chapter 13 Bankruptcy Lawyer

At the bankruptcy law office of Ingrid H. Rudolph, P.C., I help people throughout Charleston South Carolina to obtain debt relief through Chapter 13 bankruptcy. As a solo bankruptcy attorney, I work individually with you to eliminate overwhelming debt and obtain the fresh start you need to move on with your life.

Charleston Debt Repayment Plan Attorney

If you do not qualify for Chapter 7 bankruptcy, many times you can seek debt relief through Chapter 13 bankruptcy, which is a form of debt reorganization. A skilled bankruptcy lawyer can help you understand your rights and the procedure for filing Chapter 13 bankruptcy in the Charleston South Carolina area.

I am attorney Ingrid, H. Rudolph. As a Charleston bankruptcy lawyer, I help clients throughout the Charleston South Carolina community with difficult bankruptcy law matters. I will explain all of your rights and obligations to you throughout the bankruptcy process. Working collaboratively with you, we will develop a repayment plan with payments you can manage.

Benefits of Chapter 13 Bankruptcy in Charleston South Carolina

Also known as "wage earners bankruptcy," Chapter 13 bankruptcy allows you to reorganize your debts into one repayment plan, paid within three to five years depending on your current situation. After you have fulfilled this period, all remaining debts in the plan are discharged. Typically, Chapter 13 works well for people who:

  • Do not qualify for Chapter 7 bankruptcy

  • Have a steady income that does not quite cover all their debts

  • Wish to keep certain nonexempt assets

One of the biggest advantages of Chapter 13 bankruptcy is that it often stops foreclosure on your house — even if you have fallen behind on your mortgage. As your bankruptcy attorney, I can help you seek a loan modification or incorporate a second mortgage into your repayment plan under certain circumstances. In certain cases in South Carolina, you can get rid of the second mortgage altogether, if it is completed unsecured.