In a case that will impact bankruptcy proceedings in South Carolina and nationwide, the U.S. Supreme Court has ruled that Chapter 13 bankruptcy trustees must return all undistributed funds to debtors who convert their cases to Chapter 7. The unanimous decision, which came down on May 18, resolves a question that has divided bankruptcy courts for three decades.
South Carolina business owners may run into a period of financial difficulty that results in filing for Chapter 7 bankruptcy. While all business owners have the right to debt relief through bankruptcy, the business itself may or may not be allowed to continue operating. If the company is a sole proprietorship, it will continue to operate, as the company and its owner are one entity.
Debtors in South Carolina may benefit from learning more about the counseling and education requirements for filing for Chapter 7 bankruptcy. In order to comply with the requirements implemented by federal bankruptcy law, debtors are only permitted to receive counseling service from approved providers within the district. When debtors file at the clerk's office in their district, there is typically a list of approved credit counseling providers available, and the list is also available online.
When South Carolina residents are dealing with large amounts of debt, it can be difficult to decide what to do. In some cases, creditors who are owed money may begin garnishing the wages of people who have fallen behind on payments. This can make a tough situation more complicated. In situations like these, filing for bankruptcy may provide a way out of severe debt.