Greenville
864-509-6249
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Kinlaw Cunningham And Ward, LLC

Simpsonville
864-399-6018
Greenville
864.509.6249

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What Happens to Your Car and House After You File Bankruptcy in South Carolina?

What Happens to Your Car and House After You File Bankruptcy in South Carolina?

12 July

In most South Carolina bankruptcy cases you will not lose your home or car as long as the property’s equity is fully exempt. (view SC bankruptcy exemptions) If your property’s equity isn’t fully exempt you will need to pay its non-exempt value to your creditors in chapter 13 in order to keep your property. However, your creditors may have a security interest in your property such as your home, automobile or other personal property. A security interest is when you have given that creditor a mortgage on the home or put your other property up as collateral for the debt. Filing bankruptcy will not remove these security interests. If you don’t continue to make your payments on that debt, your creditor may be able to sell the property or home. There are ways that you can keep your security interest property after bankruptcy has been filed. You can continue to make payments on the debt until it is paid off or you can pay the creditor the amount that the property is worth. In cases involving fraud or other misconduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan, you can typically keep your property without making any further payments on that debt.

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