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Do I have to do anything after court (the meeting of creditors)?

All debtors have to complete a debtor education or debt management class before they receive their discharge. If they do not obtain it, then the bankruptcy will be closed WITHOUT a discharge and you have to pay your attorney to reopen the case (could be at least $350 and your having a trip to Spartanburg to testify), and pay the court a refiling fee (approx. $260), just to get your discharge order. In SC you also have to sign a form your attorney will provide for you and which he must file with the court.

If you file a chapter 7 bankruptcy, then usually you don’t have to do anything except pay the bills we tell you to pay and wait sixty days to see if the creditors object to your getting rid of their particular debt. This is called objecting to discharge. This is rarely done, so you are just waiting for the deadline and, once it passes, you should get your order discharging your debts in a month or so.

If you file a chapter 13 bankruptcy in SC you just need to pay your chapter 13 bankruptcy plan payment and mortgage payments on time and immediately get whatever information or documents your attorney says you need to get and do whatever he says to do. Keep in mind that the bankruptcy court system has lots and lots of short deadlines to do things; and there are no excuses if you don’t do them. Your case can be dismissed, or thrown out, and you may have blown your only chance to get bankruptcy protection because you did not follow instructions. It happens all the time in the bankruptcy system.

If you file chapter 13 bankrupty in the Western District of North Carolina the requirements are the same EXCEPT you pay the bankruptcy trustee who pays your mortgage for you.

Finally, keep everything you get from this office, the bankruptcy court and the bankruptcy trustee for 10 years in a safe place. I guarantee you you will need it and I may have destroyed my files, died, or moved away, and the court does not keep documents accessible forever; and it almost always costs to get copies if you have thrown away or lost your documents.

  • Learn More About Bankruptcy

    If its time to start considering a step toward bankruptcy we're here to help. I have been helping people through the process of filing bankruptcy in South Carolina for over 20 years. We are here for you if you have questions.
  • Download Bankruptcy Guide

    This guide is full of useful information about bankruptcy. It's a large PDF so it may take a few seconds to download.
  • Can I go to Jail for not Paying my Bills?

    No, not unless you committed a crime in the creation of the debt (for example, fraud). Simply borrowing money and not being able to pay it back is not a crime. Many creditors representatives will tell you lies on the telephone and say that they will have you put in jail. Perhaps they are too ignorant to know they are wrong or that it is illegal for them even to say that. See More Bankruptcy Q&A