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AV Preeminent Peer Rated Attorneys
Brandeis Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Brandeis Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What are my options for bankruptcy?

Raymond J. Dague
Answered by attorney Raymond J. Dague (Unclaimed Profile)
Bankruptcy lawyer at Raymond J. Dague, PLLC
I really need more information to give a good opinion about this one. Basically you should file bankruptcy as a Chapter 7 if your current expenses are paid by your current income. I mean current expenses, not the mountain of debt you have. But keep in mind that student loans cannot be gotten rid of in a bankruptcy. However if your income is really low, student loans can often be deferred or rescheduled with the government. But if your problem is a lack of income to pay current expenses, bankruptcy will not be that helpful to you. You really to talk to a bankruptcy lawyer to explain your situation in greater detail to see if it is a viable option for you.
I really need more information to give a good opinion about this one. Basically you should file bankruptcy as a Chapter 7 if your current expenses are paid by your current income. I mean current expenses, not the mountain of debt you have. But keep in mind that student loans cannot be gotten rid of in a bankruptcy. However if your income is really low, student loans can often be deferred or rescheduled with the government. But if your problem is a lack of income to pay current expenses, bankruptcy will not be that helpful to you. You really to talk to a bankruptcy lawyer to explain your situation in greater detail to see if it is a viable option for you.
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What are the statute of limitations for credit card debt?

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Answered by attorney D. Nathan Davis (Unclaimed Profile)
Bankruptcy lawyer at Davis Law Firm
The Statute of Limitations is normally 3 years for consumer debt in South Carolina. The law in South Carolina is unclear if it is a bad faith practice to sue someone for such an old debt. There are ways that you could have revived the debt and make the debt still enforceable, but, I am assuming that did not occur for the purposes of this answer. The real problem for you is that if you are sued, you will have to file an answer and plead the affirmative defense of statute of limitations. If you do not do this, a judgment will be entered against you. Many people will not pay attention to a lawsuit on a debt this old and find out, to their horror, that a judgment has now been entered against them. It is too late to raise the defense in most cases, once the judgment has been granted. You need to consult with an attorney and pay the attorney to contact the collector and advise the collector that you are not paying the debt and that the debt is barred by the statute of limitations. If that is done, then the cost of defending the lawsuit may be shifted back to the collector under several different theories of law.
The Statute of Limitations is normally 3 years for consumer debt in South Carolina. The law in South Carolina is unclear if it is a bad faith practice to sue someone for such an old debt. There are ways that you could have revived the debt and make the debt still enforceable, but, I am assuming that did not occur for the purposes of this answer. The real problem for you is that if you are sued, you will have to file an answer and plead the affirmative defense of statute of limitations. If you do not do this, a judgment will be entered against you. Many people will not pay attention to a lawsuit on a debt this old and find out, to their horror, that a judgment has now been entered against them. It is too late to raise the defense in most cases, once the judgment has been granted. You need to consult with an attorney and pay the attorney to contact the collector and advise the collector that you are not paying the debt and that the debt is barred by the statute of limitations. If that is done, then the cost of defending the lawsuit may be shifted back to the collector under several different theories of law.
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Should we wait until after I file or if we can marry now without them coming after him to pay for the debts?

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Answered by attorney Michael Burton McFarland (Unclaimed Profile)
Bankruptcy lawyer at Michael B. McFarland, PA
If you wait to file until after you are married, you will have to include information on your spouse's income, even if he's not filing. If his credit is fine and yours is in the tank, I don't see any reason for you to wait. However, the facts are different in each case, so I would recommend you consult with an experienced bankruptcy attorney before making that decision. It's important for you and your future spouse to have a unified approach to your future financial affairs, so that you get a fresh start in the right direction - so you don't have to do this again.
If you wait to file until after you are married, you will have to include information on your spouse's income, even if he's not filing. If his credit is fine and yours is in the tank, I don't see any reason for you to wait. However, the facts are different in each case, so I would recommend you consult with an experienced bankruptcy attorney before making that decision. It's important for you and your future spouse to have a unified approach to your future financial affairs, so that you get a fresh start in the right direction - so you don't have to do this again.
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