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Blog Posts in 2015

  • South Carolina Auto Accidents - What is PIP (Personal Injury Protection) or Medical Payments Insurance?

    South Carolina Auto Accidents – What is PIP (Personal Injury Protection) or Medical Payments Insurance? PIP or Personal Injury Protection insurance coverage is not very well known but can play an important role when you or a loved one has been involved in an auto accident in South Carolina. It is by no means mandatory to purchase this additional coverage with your auto insurance but the benefits ...
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  • Social Security Disability - Are You Disabled?

    Are You Disabled under the Social Security’s Definition of Disability? Whether you are applying for Social Security Disability (SSD) or (SSI), the definition of disability remains the same. You are disabled under the definition if you are unable to engage in any substantial gainful activity (SGA) by reason of anymedically determinable physical or mental impairment which can be expected to result ...
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  • Secured Debt vs. Unsecured Debt

    As you are contemplating filing Bankruptcy, it is important that you understand the major differences between secured debt vs. unsecured debt and how these debts are treated in a Bankruptcy filing. Secured Debt: Secured debt is attached to an asset (such as an item or object) that serves as collateral. Generally speaking if you default on your secured debt, the lender can seize the asset and sell ...
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  • Credit Counseling and Debt Management Requirement Prior to Bankruptcy Filing

    In 2005, Congress passed and the president signed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), a bankruptcy reform law. One of the changes includes a requirement that all debtors complete a credit counseling course from a government approved credit counseling agency PRIOR to filing their Bankruptcy filing. Credit Counseling must be completed 180 days prior to filing a ...
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  • What is the 341 Meeting of the Creditors?

    What is The 341 Meeting of the Creditors? After your bankruptcy petition has been filed, you will be required to attend a hearing in Charleston, SC usually a month after the filing date. Section 341of the Bankruptcy Code requires the debtor to make a personal appearance at a creditor’s meeting (which is why it’s called a 341 meeting). The Trustee appointed to your case, yourself and your attorney ...
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  • What is a Chapter 7 Bankruptcy Anyways? Part 2

    What is a Chapter 7 Bankruptcy Anyways? Part 2 Do I Qualify to File for a Chapter 7 Bankruptcy? To qualify for a straight Chapter 7 Bankruptcy, you have to meet the South Carolina Census Median Income test for the number of people in your household. Note that your income is your averagegross income (before taxes) for the last six calendar months prior to filing your Bankruptcy petition, excluding ...
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  • What is a Chapter 7 Bankruptcy or Straight Bankruptcy Anyways? Part 1

    What is a Chapter 7 Bankruptcy / Straight Bankruptcy Anyways? Part One Many times when I meet with my clients for a bankruptcy consultation, I find that more likely than not, they are misinformed of what a Chapter 7 Bankruptcy (or Straight Bankruptcy) really is. At our first meeting, as soon as I walk into the door my potential clients bombard me with a million questions like: How can I stop ...
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  • Bankruptcy Filing: What Does My Attorney Need?

    Not sure what to provide us prior to filing Bankruptcy in South Carolina? Here are your answers. After your FREE CONSULTATION with Attorney Lam you will be given a Bankruptcy Filing Questionnaire. The questionnaire is ten pages of very precise and in-depth questions. Each one of these questions must be answered truthfully and to the best of your ability. We need to have a complete understanding of ...
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  • Being Wise after Bankruptcy

    Being Wise after Bankruptcy One of the most common questions I get during my bankruptcy consultations, “How long does the Bankruptcy stay on my credit report?” The quick answer to that is, 10 years. I start to see foreheads crinkle and eyes bulging. “10 years is a long time!” they say. How will I ever have credit to buy a car or a home in the near future, they ask? Just because the bankruptcy ...
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  • Household Size and Bankruptcy

    Household Size and Bankruptcy What constitutes a household in a bankruptcy? Are their certain people that live with you that don’t count? Why does this even matter? This blog will briefly address the different types of household occupants and how they fit into your filing. There are actually no clear cut rules for this, so if you are unsure, please consult your attorney. 1. Yourself – This is the ...
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  • When Workers' Compensation Doesn't Want to Work

    Accidents happen. Almost everyone has gotten hurt outside of the confines of your home, whether it is at school, work, or on the road. No one wants to foot the bill. However, when you get hurt at work, there are certain responsibilities and obligations that your employer has to fulfill. In SC, an employer with 4 or more full or part-time workers must have this coverage and the only exceptions are ...
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  • Smart Tips for a Smooth Bankruptcy

    Smart Tips for a Smooth Bankruptcy After years of practicing bankruptcy law, I start to notice a trend in what my potential clients were doing prior to their bankruptcy petition. 99% of the time, they are doing things that they simple are not supposed to do prior to filing for bankruptcy. The things they do will make any bankruptcy attorney cringe. So, in order to prevent these behaviors from ...
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