Florence, SC Bankruptcy FAQ
Bankruptcy Questions From the Pee Dee Region, Answered Directly
If you're considering bankruptcy in Florence or elsewhere in the Pee Dee region, you likely have questions. Maybe a stretch of uneven trucking income put you behind, or medical bills piled up faster than you could pay them. Whatever brought you here, you deserve clear, accurate information before you make a decision.
Bankruptcy can stop collection calls and give you a fresh start, but it isn't the right move for everyone. The answers below cover how bankruptcy generally works for Florence County residents, including what you can keep and which debts survive. Because every case is different, use them as a starting point rather than the final word.
Our Florence bankruptcy attorneys at Benjamin R. Matthews and Associates, LLC have more than two decades of South Carolina bankruptcy experience. If your question isn't answered here, or you'd like to know how the rules apply to your own finances, we encourage you to contact our firm and talk with an attorney.
- Will everyone in Florence find out I filed for bankruptcy?
- What happens to my tax refund if I file during tax season?
- Can I keep my truck if it's what I use for work?
- What debts does bankruptcy not get rid of?
- Do I need to complete credit counseling before I file in Florence?
- How much does it cost to file for bankruptcy?
- How can a Florence, S.C. bankruptcy attorney help me?
- How does South Carolina's exemption for a mobile or manufactured home work?
- What if I'm self-employed or run a small business in Florence?
- Can bankruptcy help with a payday loan or title loan?
- What if I drive a truck for a living and my income varies by load?
- Does bankruptcy affect my commercial driver's license?
- What credit score do I need to file for bankruptcy in Florence County?
- Can a debt collector still contact me after I hire an attorney?
- Will I have to sell my farm equipment if I file in Florence County?
Our Florence, SC Bankruptcy Attorneys Know the Pee Dee Region
Florence sits at the center of the Pee Dee region, where financial problems can arise from job loss, reduced income, medical bills or other unexpected expenses. For more than two decades, our attorneys have helped people in Florence and throughout the Pee Dee region understand their bankruptcy options.
Before we suggest anything, we take the time to understand how you're paid, what you owe and what you're trying to protect.
If you're unsure whether bankruptcy fits your situation, a free consultation with our office is the place to find out. We'll go over your numbers carefully and tell you plainly what your realistic options are. If filing doesn't fit, you'll hear that from us.
Will everyone in Florence find out I filed for bankruptcy?
Bankruptcy filings are public federal court records, but courts do not routinely send notices to your employer, neighbors, church, or school simply because you filed. Creditors and other parties entitled to notice receive formal notice, and someone who searches public court records may be able to find the case, though that's not the same as your workplace or community being notified directly.
What happens to my tax refund if I file during tax season?
It depends on timing and which chapter you file. In a Chapter 7 case, a tax refund you're entitled to at the time you file can sometimes become part of the bankruptcy estate, though South Carolina exemptions may protect some or all of it depending on your situation. In a Chapter 13 case, your plan may require future refunds to be applied toward your repayment plan. Sort this out with your attorney before you file, not after.
Can I keep my truck if it's what I use for work?
In many cases, you may be able to keep a truck you use for work, but the answer depends on its equity, whether it is financed and which chapter you file. South Carolina exemptions may protect some of your vehicle equity. If the truck is financed, the lender's lien generally survives bankruptcy, and a Chapter 7 filer may also need to address the secured debt through an option such as reaffirmation or redemption.
What debts does bankruptcy not get rid of?
Certain debts generally survive bankruptcy regardless of which chapter you file, including most student loans, recent tax debt, child support and alimony and debts related to certain kinds of fraud. Knowing which of your debts fall into these categories goes a long way toward deciding whether bankruptcy solves your problem.
Do I need to complete credit counseling before I file in Florence?
Most individual bankruptcy filers must complete credit counseling from a U.S. Trustee-approved agency within the 180 days before filing. Limited exceptions apply in certain circumstances. A separate debtor education course generally must also be completed after filing before a discharge can be entered. Our office can help you identify an approved provider.
How much does it cost to file for bankruptcy?
Costs include a federal court filing fee, which is set by law and the same statewide, plus attorney's fees that vary based on your case's complexity. During your free initial consultation, we'll walk through the specific costs for your situation and discuss payment arrangements, since we understand that anyone considering bankruptcy is already watching every dollar.
How can a Florence, S.C. bankruptcy attorney help me?
A Florence bankruptcy attorney can help you make sense of what happens next when debt has become difficult to manage. That may include reviewing your finances, explaining which debts bankruptcy can address, identifying property that may be protected and helping you understand the differences between Chapter 7 and Chapter 13.
Your attorney can also handle the filing requirements, respond to issues that come up during the case and make sure you know what to expect before each step. The goal is to give you a clear picture of your options before you make a decision.
How does South Carolina's exemption for a mobile or manufactured home work?
South Carolina's homestead exemption can protect a qualifying interest in either real property or personal property used as a residence. That means it isn't limited to homes titled as real property. How a manufactured or mobile home is titled, who owns the land beneath it, and how much equity you have can still affect the exemption analysis. Since manufactured housing is so common across the Pee Dee region, it's a question we get often.
What if I'm self-employed or run a small business in Florence?
Self-employed Florence residents, whether running a trucking operation, a small retail shop, or a farming operation, generally file personal bankruptcy the same way as any other individual, but the income calculation looks different since it's based on net business income rather than a fixed paycheck. Business assets and equipment may also need separate valuation and exemption analysis. If you work for yourself, bring that up early.
Can bankruptcy help with a payday loan or title loan?
Yes. Payday loans and title loans are treated as unsecured or secured debt depending on the specific terms, and both can typically be addressed in a bankruptcy filing. Given how aggressively these lenders often pursue repayment, including through repeated bank account withdrawal attempts, the automatic stay that comes with filing can bring immediate relief from that kind of pressure.
What if I drive a truck for a living and my income varies by load?
Trucking income built around mileage or per-load pay rather than a fixed salary requires careful documentation for a bankruptcy filing, typically pulling from several months of settlement statements rather than relying on a single pay period that might not reflect your typical earnings. An attorney familiar with this kind of income structure can present a more accurate and defensible picture to the court.
Does bankruptcy affect my commercial driver's license?
No. Filing for personal bankruptcy does not by itself cancel or suspend your commercial driver's license. Federal bankruptcy law generally prohibits a governmental unit from denying, revoking, suspending or refusing to renew a license solely because someone filed bankruptcy or failed to pay a dischargeable debt. Other independent licensing requirements still apply.
What credit score do I need to file for bankruptcy in Florence County?
None. There is no minimum credit score required to file for bankruptcy. Eligibility instead depends on the requirements of the chapter involved and factors such as your income, debts, prior bankruptcy filings and financial circumstances.
Can a debt collector still contact me after I hire an attorney?
If a debt collector covered by federal debt-collection law knows that an attorney represents you regarding the debt and has the attorney's contact information, the collector generally must communicate with the attorney instead of contacting you directly. Different rules can apply to original creditors and in certain other circumstances. Tell us right away if contact continues after that notice goes out.
Will I have to sell my farm equipment if I file in Florence County?
Not necessarily. South Carolina exemptions can protect a limited amount of equity in certain tools of the trade and other property, but whether particular equipment is protected depends on its value, ownership and the exemptions available in your case. If the equipment is financed, the lender's secured rights also have to be considered.
What to Bring to Your Free Consultation
Bring what you can, and we'll get into the specifics of your case right away. Here's what Pee Dee region clients usually have with them. If something's missing, we'll help you track it down.
- Recent proof of income
- Your last two tax returns
- A rundown of your debts and monthly bills
- Any collection notices or court paperwork you've received
Arriving with these lets us give you specific answers about your Pee Dee region situation right away.
Talk With a Florence Bankruptcy Lawyer About Your Situation
For more than two decades, Benjamin R. Matthews and Associates, LLC has helped people in Florence and across the Pee Dee region get a fresh start. We can help you decide between Chapter 7 and Chapter 13, make sure your paperwork is filed correctly the first time, and stand with you through every step of the process, including your mandatory creditors' meeting. Take the first step with a free initial consultation today.