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Bankruptcy

Columbia Bankruptcy Attorney

Information Regarding Bankruptcy in Columbia, SC

The primary goal of the bankruptcy and insolvency division is to handle consumer and commercial bankruptcy matters for clients either in a pre-filing, negotiation or post-filing stage in Chapter 7, 11 or 13.

Whether prior to or after filing a bankruptcy petition, insolvency matters require immediate attention. This department is set up to provide quality legal services in the shortest period of time at the least expense to the client.

CLIENT REPORTING

The client and attorney discuss the strategy of representation throughout representation. The client is provided, for example, with copies of correspondence and pleadings such as motions for lift of stay, motions for prohibiting use of collateral, objections to disclosure statements and plans of reorganization, motions to use cash collateral, notices of sale, and complaints. The client needs for documentation can be tailored as to the frequency and type of documents sent to the client and as to the number of client contacts desiring the documents.

Bankruptcy Referral Status Sheets are provided to the client for lease in recording pertinent dates and deadlines. This report can be tailored to the needs of the client.

COMPLEX MATTERS

Insolvency matters range from simple to complex pre-petition negotiations to simple or complex post-petition representation. The bankruptcy and insolvency division has its own litigators, but if necessary, can draw from the Firm's general litigation division for experience in certain areas.

WHAT IS AN AUTOMATIC STAY IN BANKRUPTCY?

When an Automatic Stay is issued, you will be served with a bankruptcy filing from someone who owes you money. How does someone else’s bankruptcy apply to you?

The exact moment a debtor files bankruptcy, the Automatic Stay goes into effect. This means creditors cannot take any further action that would affect the assets or rights of the bankruptcy estate or the debtor. For example, a creditor cannot file a lawsuit against the debtor once the bankruptcy petition has been filed, nor can a creditor execute on a judgment that is obtained before the bankruptcy petition was filed. The premise behind bankruptcy is to stop collection and allow the debtor time to reorganize or liquidate their estate so that creditor claims can be paid.

The Automatic Stay is not permanent, however, and there are several ways a creditor may seek relief from the Automatic Stay.

Contact our office to learn more. 

Understanding Local Bankruptcy Resources in Columbia, SC: Local Insights

Filing for bankruptcy in Columbia, SC, can be daunting, but knowing the local resources available can make a significant difference. The United States Bankruptcy Court for the District of South Carolina is a crucial entity that handles all bankruptcy filings in the area. Additionally, the City of Columbia offers various community resources that can provide support during financial hardships.

Residents of Columbia often face unique financial challenges, such as dealing with medical debt from local healthcare providers like Prisma Health or managing expenses related to higher education at institutions like the University of South Carolina. These financial burdens can make filing for bankruptcy even more stressful.

Our team understands the specific needs of Columbia residents and is well-versed in navigating the local legal landscape. We are committed to providing personalized guidance to help you through every step of the bankruptcy process. Whether you're dealing with creditor harassment or need assistance with complex financial negotiations, we are here to help you regain control of your financial future.

For those considering bankruptcy, it's crucial to act quickly due to the strict deadlines set by the Bankruptcy Code. Our office is conveniently located in Columbia, making accessing the legal support you need easy. We are dedicated to meeting all deadlines and working within a time strategy that suits your situation.

CONTACT A COLUMBIA BANKRUPTCY ATTORNEY

Pre-Petition negotiations associated with the treatment of the lending institution vary. A time strategy on each matter is developed and met. As to bankruptcy representation, time is of the essence. The Bankruptcy Code sets a number of deadlines varying from 10, 25, 60 and 120 days, which tend to push the cases to fruition swiftly. Time is of the essence in these matters, and we meet all deadlines and work within a time strategy set by client and counsel.

Contact us today for additional legal counsel. 

Commonly Asked Questions

How does the client reporting process work during a bankruptcy case in Columbia, SC?

During a bankruptcy case in Columbia, SC, the client and attorney maintain a strategic dialogue throughout the representation. Clients receive copies of important documents and correspondence, including pleadings and motions. The frequency and type of documents sent can be customized to meet the client's needs. Additionally, Bankruptcy Referral Status Sheets are provided to help clients keep track of important dates and deadlines.

How does an automatic stay affect creditors in Columbia?

An automatic stay in bankruptcy is an immediate effect that halts creditors from taking any further action that could impact the debtor's assets or rights. In Columbia, this means creditors cannot initiate or continue lawsuits, enforce judgments, or make any other collection attempts against the debtor. The automatic stay is designed to provide the debtor with time to reorganize or liquidate their estate for the benefit of paying creditor claims.

Can a creditor seek relief from an automatic stay in Columbia, SC?

Yes, in Columbia, SC, a creditor can seek relief from an automatic stay. There are specific circumstances under which a creditor may petition the court to allow them to proceed with certain actions against the debtor or the debtor's property. This is not a permanent situation, and the creditor must provide a valid reason for the court to grant such relief. It's advisable to contact a bankruptcy attorney for guidance on this process.
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