South Carolina Chapter 13 Waiver of Credit Counseling

State:
South Carolina
Control #:
SC-SKU-0035
Format:
Word
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Description

Chapter 13 Waiver of Credit Counseling
South Carolina Chapter 13 Waiver of Credit Counseling is a form of bankruptcy that allows individuals to pay creditors over a period of three to five years. This type of bankruptcy offers individuals the chance to get out of debt and protect their assets. It requires individuals to submit a budget to the court outlining their income and expenses. The court must approve the budget before the debtor can enter into a repayment plan. To qualify for a South Carolina Chapter 13 Waiver of Credit Counseling, individuals must complete a credit counseling course and make their payments on time for the duration of the repayment plan. Individuals must also prove their income and expenses to the court in order to receive the waiver. There are two types of South Carolina Chapter 13 Waiver of Credit Counseling: a debtor-in-possession and a trustee-in-charge. A debtor-in-possession waiver allows individuals to remain in possession of their assets while paying their creditors. A trustee-in-charge waiver requires individuals to turn over their assets to a court-appointed trustee to manage and distribute the funds.

South Carolina Chapter 13 Waiver of Credit Counseling is a form of bankruptcy that allows individuals to pay creditors over a period of three to five years. This type of bankruptcy offers individuals the chance to get out of debt and protect their assets. It requires individuals to submit a budget to the court outlining their income and expenses. The court must approve the budget before the debtor can enter into a repayment plan. To qualify for a South Carolina Chapter 13 Waiver of Credit Counseling, individuals must complete a credit counseling course and make their payments on time for the duration of the repayment plan. Individuals must also prove their income and expenses to the court in order to receive the waiver. There are two types of South Carolina Chapter 13 Waiver of Credit Counseling: a debtor-in-possession and a trustee-in-charge. A debtor-in-possession waiver allows individuals to remain in possession of their assets while paying their creditors. A trustee-in-charge waiver requires individuals to turn over their assets to a court-appointed trustee to manage and distribute the funds.

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FAQ

The bankruptcy trustee will typically be entitled to claim any non-exempt portion of the settlement and distribute it to creditors.

There is good news for California homeowners who are considering filing for bankruptcy protection. A new state law raises the homestead exemption ? the amount of home equity that can be shielded from creditors in a Chapter 7 or Chapter 13 ? to a minimum of $300,000 and a maximum of $600,000.

Your trustee can take a tax refund that's part of your bankruptcy estate unless you can claim the refund as exempt. You can avoid turning future refunds over to your trustee by adjusting your tax withholding so you don't overpay your income taxes.

Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income.

Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

More info

Certificate of completion for both credit counseling and debtor education are required but before the filer's debts can be discharged. Must all individuals obtain credit counseling prior to filing a chapter 7, chapter 11, chapter 12, or chapter 13 bankruptcy?Finding a Counseling Agency. Someone filing for bankruptcy must complete an education course—called credit counseling—up to 180 days before filing for bankruptcy. The session must take place within 180 days before filing for bankruptcy. Credit counseling organizations on the U.S. Trustee's list must waive the fee for anyone who can't afford to pay. Generally, if you qualify for free legal services you will not have to pay any fees to take the credit counseling or the debtor education classes. Your pre-bankruptcy credit counseling session must be completed within at least six months before you decide to file for bankruptcy. These fees will never be waived under Chapter 13. Before a debtor can file Chapter 13 bankruptcy he must undergo credit counseling from an.

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South Carolina Chapter 13 Waiver of Credit Counseling