Article written by Columbia, SC bankruptcy lawyer Daniel Stone Realtytrac.com has released the latest foreclosure figures for the state of South Carolina. In Richland County, one out of every 346 homes are in foreclosure. In Lexington County, one out of every 228 homes are in foreclosure. To give you an idea of what is considered…

Article written by Columbia, SC bankruptcy attorney Daniel Stone Yes, a Chapter 7 bankruptcy filing does stop a foreclosure sale. However, unless you bring your mortgage payments current shortly after filing a Chapter 7, your mortgage lender will either file for relief of the automatic stay so they can resume foreclosure or wait until the…

Article written by Columbia, SC bankruptcy attorney Daniel Stone The Kaiser Family Foundation has just published the most recent foreclosure rates for South Carolina and the numbers do not look good. One out of every 581 houses in South Carolina is being foreclosed on compared to the national average  of one out of 666. South…

Loan Modification article written by Columbia, SC attorney Daniel Stone Many of my clients are hesitant to file for bankruptcy to save their home from foreclosure because they have a pending loan modification that has not been approved. The good news is that with most mortgage lenders, you can file for Chapter 13 bankruptcy and…

Foreclosure article written by South Carolina lawyer Daniel Stone One of the common questions I receive from clients is whether or not they should continue their loan modification packet or just file Chapter 13 bankruptcy to stop the pending foreclosure? This is a tricky answer for most of my clients. Why?  It  depends on where…

Yes. In South Carolina, even after being served with foreclosure papers you can still file bankruptcy to stop your mortgage lender from selling your home at a foreclosure sale. In fact, after being served with foreclosure papers, you probably have anywhere from 3-6 months to save your home from being sold- even longer in some…

HERE ARE SOME OF THE TOP ADVANTAGES OF FILING A CHAPTER 13   1. STRIP IRS TAX LIENS 2. STRIP A SECOND MORTGAGE  (VALUE AT $00.00) 3. VALUE A VEHICLE 4. SAVE A HOME OR CAR FROM FORECLOSURE AND REPOSSESSION 5. WIPE OUT A FAMILY COURT SETTLEMENT ( NARROW OPPORTUNITIES TO DO THIS IN A…

The number 1 reason why a Chapter 13 case might be petitioned for dismissal is for non-payment. In our District, we can file Moratorium motions that will allow the Debtor to go 1-3 months without making a trustee payment. These months are put to the back of the Debtor’s plan payments. Generally, for a Trustee…

Foreclosure article written by Columbia lawyer Daniel Stone What is the last possible day to save my house by filing bankruptcy if it is in foreclosure?  In South Carolina, you can still save your home from a foreclosure sale if the bankruptcy is filed before the actual Master in Equity sells your home at a…

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