Attorney at Law


South Carolina Bankruptcy Exemptions


What Property Can I Expect to Keep in a Bankruptcy?

Too often people believe that filing for Chapter 7 means giving up all of their personal property. However, under federal and South Carolina state laws, many possessions, such as your primary house, your car and other personal belongings, are exempt up to a certain dollar amount. Most people keep the majority of, if not all, their assets when filing for bankruptcy. In most cases, 401k funds and qualified retirement accounts are fully exempt assets and you are able to keep all the monies in these accounts. As a Charleston South Carolina bankruptcy attorney with a vast amount of experience handling bankruptcy cases I can help you determine which property you can expect to keep. Most debtors choose to keep their car, and continue to make their car payments. That is fine, and I can help you do that by talking with your finance company and filing a reaffirmation agreement on your vehicle.

Do not transfer assets out of your name to protect them from repossession. The South Carolina courts consider this fraudulent activity and you can be held criminally accountable for it. Even if you made a mistake and already transferred assets, as your bankruptcy attorney I can negotiate with the courts to resolve the situation so you can still obtain the debt relief you need.

Stop Foreclosure Now!

If you have kept current on your mortgage, or can bring it current when you file for bankruptcy, a good bankruptcy lawyer can also delay or prevent foreclosure on your home in a Chapter 7. Using my knowledge of the South Carolina bankruptcy laws, as your attorney I can help you make informed decisions to protect what matters most to you.

Keep Your Property Through Bankruptcy

Figuring out what you can keep can be confusing. There are Federal exemptions to go along with the South Carolina exemptions. There are all kinds of restrictions. Call my Charleston South Carolina law office now (843) 814-4215 and let an experienced bankruptcy attorney fight for your possessions through the bankruptcy process.