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24 Oct, 2024
When individuals or businesses face financial distress, bankruptcy can provide a structured pathway to relief and a new beginning. In South Carolina, the two primary options for bankruptcy are Chapter 11 and Chapter 7, each tailored to different financial needs and specific circumstances. Chapter 7 Bankruptcy Chapter 7 Bankruptcy, often referred to as liquidation bankruptcy, is specifically designed for individuals or businesses seeking to discharge most of their unsecured debts, such as credit card balances and medical bills. This type of bankruptcy offers a way to eliminate these debts, providing a clean slate for the debtor. In the Chapter 7 process, a bankruptcy trustee is appointed to oversee the case. This trustee plays a crucial role, as they have the authority to liquidate non-exempt assets owned by the debtor to repay creditors. The assets that are considered non-exempt and subject to liquidation vary by state but typically include luxury items or additional properties beyond the primary residence. Qualifying for Chapter 7 To qualify for Chapter 7 Bankruptcy, individuals must pass a means test, which is a critical step in the process. The means test assesses their income against the state median to determine eligibility. This test ensures that Chapter 7 is reserved for those who truly need it, filtering out individuals with higher incomes who may have the means to repay their debts through Chapter 13 bankruptcy, which involves a repayment plan. Chapter 11 Bankruptcy Chapter 11 bankruptcy is a reorganization bankruptcy, often used by businesses but also available to individuals with complex financial situations. This type of bankruptcy allows the debtor to create a plan to restructure their debts and continue operations while repaying creditors over time. Chapter 11 is typically more complex and expensive than Chapter 7, as it involves negotiating with creditors and obtaining court approval for the repayment plan. In South Carolina, the process of filing for Chapter 11 bankruptcy begins with submitting a petition to the Bankruptcy Court along with various supporting documents, such as schedules of assets and liabilities, current income and expenses, and a disclosure statement outlining the proposed repayment plan. Qualifying for Chapter 11 To qualify for Chapter 11 bankruptcy, individuals or businesses must have significant assets and liabilities. This type of bankruptcy is often referred to as reorganization bankruptcy, as it allows the debtor to restructure their debts and develop a repayment plan while remaining in control of their assets. Unlike Chapter 7, there is no means test for Chapter 11, making it available to a wider range of debtors. The key differences between Chapter 7 and Chapter 11 lie in their purpose and process. Chapter 7 focuses on liquidating assets to discharge debts quickly, a straightforward yet severe option for those who can no longer service their debt, while Chapter 11 emphasizes restructuring debts to enable continued operation and repayment, often seen as a lifeline for businesses seeking to preserve value and jobs. Understanding these distinctions is crucial for individuals and businesses considering bankruptcy, as each serves different financial needs and goals. At Jason Ward Law, our team is here to share your options and find the best solution for your financial situation, offering guidance for your circumstances.
19 Sep, 2024
Alimony and Spousal Support in South Carolina: How an Attorney Can Help
22 Aug, 2024
slip and fall injuries: what you need to know
25 Jul, 2024
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27 Jun, 2024
If you are facing financial struggles, you may be considering filing for bankruptcy. One option that may be available to you is Chapter 13 bankruptcy. But what exactly is Chapter 13 bankruptcy and how does it work? How is it different from Chapter 7 bankruptcy? In this blog post, we will explore the ins and outs of Chapter 13 bankruptcy and discuss the benefits of filing for this type of bankruptcy. Additionally, we will introduce Jason Ward Law, a trusted law firm that can assist the Upstate South Carolina public with all their bankruptcy matters. Chapter 13 bankruptcy, also known as reorganization bankruptcy, allows individuals with a regular income to create a repayment plan to pay off their debts over a period of three to five years. This plan is approved by the court and typically involves consolidating debts into one monthly payment that is more manageable for the filer. Unlike Chapter 7 bankruptcy, which involves liquidating assets to pay off debts, Chapter 13 allows individuals to keep their property while catching up on past due payments. One key difference between Chapter 13 and Chapter 7 bankruptcy is the eligibility requirements. To qualify for Chapter 7 bankruptcy, individuals must pass a means test showing that their income is below a certain threshold. In contrast, Chapter 13 does not have strict income requirements but instead requires filers to have enough disposable income to make monthly payments towards their debts. Additionally, while Chapter 7 typically takes a few months to complete, Chapter 13 lasts several years as filers work through their repayment plan. There are several benefits to filing for Chapter 13 bankruptcy. One major advantage is the ability to stop foreclosure proceedings and catch up on mortgage arrears through the repayment plan. Additionally, individuals can often reduce or eliminate unsecured debts such as credit card bills or medical expenses. Another benefit is the opportunity to restructure secured debts like car loans or tax debt, potentially lowering interest rates or extending repayment terms. At Jason Ward Law, our team has experience in helping individuals navigate the complexities of bankruptcy law. We understand that financial difficulties can be overwhelming and stressful, which is why we are dedicated to providing compassionate and personalized legal guidance throughout the entire process. Whether you are considering filing for Chapter 13 bankruptcy or exploring other debt relief options, we are here to help you achieve financial stability and peace of mind.  In conclusion, understanding the nuances of Chapter 13 bankruptcy can be crucial for individuals facing financial challenges in Upstate South Carolina. By working with a knowledgeable attorney at Jason Ward Law, you can receive expert guidance on how best to proceed with your debt relief journey. From creating a feasible repayment plan to protecting your assets from liquidation, our team is committed to advocating for your best interests every step of the way. Don't let financial stress hold you back – contact Jason Ward Law today to explore your options and take control of your financial future.
03 Jun, 2024
Who qualifies for Chapter 7 bankruptcy in South Carolina?
30 May, 2024
Filing a workers' compensation claim can be a daunting process, especially if you are dealing with the aftermath of a workplace injury. However, knowing what to expect after filing a claim, how to navigate the process, and why hiring an attorney can be beneficial can help ease some of the stress. At Jason Ward Law, we assist the Upstate South Carolina public with workers' comp matters. In this blog post, we will discuss what to expect after filing a workers' compensation claim, how to file, and why seeking legal assistance can make a significant difference. After filing a workers' compensation claim in South Carolina, you can expect several things to happen. First, your employer or their insurance company will review your claim and determine whether or not it is valid. If your claim is approved, you should start receiving benefits for medical expenses and lost wages. However, if your claim is denied, you have the right to appeal the decision. This is where having an experienced attorney on your side can make all the difference. An attorney can help gather evidence, navigate the appeals process, and ensure that your rights are protected throughout. When it comes to filing a workers' compensation claim in South Carolina, there are specific steps that need to be followed. First and foremost, you should report your injury to your employer as soon as possible. Failure to report your injury within 90 days could result in losing your right to benefits. Next, you should seek medical treatment for your injuries and keep detailed records of all medical expenses related to your injury. Finally, you should file a formal workers' compensation claim with the South Carolina Workers' Compensation Commission within two years of the date of your injury. Hiring an attorney to assist with your workers' compensation claim in South Carolina can be incredibly beneficial. An attorney will have a thorough understanding of state laws and regulations regarding workers' comp claims and will be able to guide you through each step of the process. Additionally, an attorney will ensure that all necessary paperwork is filed correctly and on time so that you do not risk losing out on valuable benefits. With an attorney by your side, you can focus on recovering from your injuries while they handle the legal aspects of your case. At Jason Ward Law, we are dedicated to helping the South Carolina public with their workers' compensation matters. Our team has years of experience handling these types of cases and we understand the complexities involved in navigating the system. We believe that everyone deserves access to quality legal representation when dealing with workplace injuries and we are committed to fighting for our clients every step of the way.  Filing a workers' compensation claim in South Carolina can be overwhelming but having the right support system in place can make all the difference. Knowing what to expect after filing a claim, how to file correctly, and why hiring an attorney is crucial can help ensure that you receive the benefits you are entitled to. If you find yourself injured at work and needing assistance with a workers' comp claim in Upstate South Carolina, don't hesitate to reach out to Jason Ward Law for expert guidance and support.
02 May, 2024
Going through a divorce can be a challenging and overwhelming process. Once you have filed for divorce, there are several important steps to take to ensure that you are protecting yourself and moving forward in a positive direction. From changing your passwords to monitoring your financial security, this blog will provide you with valuable tips on what to do after filing for divorce. The first step you should take after filing for divorce is to change your email and social media passwords. This is crucial to protect your privacy and prevent any unwanted access to your personal information. By updating your passwords, you can feel confident that your online accounts are secure from prying eyes. Next, it is essential to organize all of your financial documents. Gather bank statements, credit card bills, tax returns, and any other financial records related to your marriage. Having these documents organized will make the divorce process smoother and help ensure that nothing is overlooked during asset division. Preserving bank statements is another critical task after filing for divorce. Keep copies of all bank statements as evidence of your financial transactions during the marriage. These statements can be helpful in determining the division of assets and debts between you and your soon-to-be ex-spouse. When it comes to social media, exercise caution in what you post online. Avoid sharing personal information or details about the divorce proceedings on social media platforms. Remember that anything you post online can potentially be used against you in court, so it's best to err on the side of caution. Maintaining cordial communication with your ex-spouse is important during this time. While emotions may be running high, try to keep conversations civil and focused on resolving any outstanding issues amicably. This approach can help reduce conflict and make the divorce process less stressful for both parties. It's also crucial to monitor your credit and financial security after filing for divorce. Check your credit report regularly for any suspicious activity or unauthorized accounts opened in your name. By staying vigilant about your finances, you can protect yourself from potential fraud or identity theft. How can an attorney help? At Jason Ward Law, we can assist the Upstate South Carolina public with divorce and family law matters. Our experienced team can provide legal advice, guidance, and representation throughout the divorce process. Whether you need help negotiating a settlement agreement or litigating a contentious issue in court, we are here to support you every step of the way. Navigating life after filing for divorce can be challenging, but by following these tips and seeking assistance from an experienced attorney like at Jason Ward Law, you can protect yourself and move forward with confidence. Remember to change your passwords, organize financial documents, exercise caution on social media, maintain cordial communication with your ex-spouse, monitor credit security, and seek legal guidance when needed. With the right support system in place, you can navigate this difficult time successfully.
04 Apr, 2024
Car accidents are a common occurrence in South Carolina, and they can result in devastating injuries, property damage, and financial losses. If you have been involved in a car accident, you may be wondering who is liable for the damages. Liability refers to legal responsibility, and it is an essential element in any car accident case. Determining liability can be a challenging process, and it often requires the expertise of an experienced car accident lawyer. In this blog post, we will explore how car accident lawyers investigate a case to determine liability, factors that affect liability in a car accident case, and how liability is determined in a personal injury case. At Jason Ward Law, we are committed to assisting the South Carolina public with car accident matters. How Do Car Accident Lawyers Investigate A Case to Determine Liability? Car accident lawyers have several tools at their disposal to investigate a case and determine liability. The first step is typically to gather evidence from the accident scene, such as photographs of the damage, skid marks, and debris. They may also obtain the police report, witness statements, and medical records. The lawyer will analyze this evidence to determine who was at fault for the accident. If necessary, they may hire accident reconstruction experts to help determine liability. Once liability has been established, the lawyer will work to negotiate a settlement with the other driver's insurance company or take the case to court. Factors That Affect Liability In A Car Accident Case. Several factors can affect liability in a car accident case, including: - Negligence - if a driver fails to exercise reasonable care while driving, they may be found negligent and liable for damages - Road conditions - if a driver was speeding or driving recklessly in poor road conditions, they may be found liable for the accident - Vehicle defects - if a vehicle malfunctioned and caused the accident, the manufacturer may be found liable - Comparative fault - if both drivers share fault for the accident, liability may be divided between them How Is Liability Determined In A Personal Injury Case? In a personal injury case, liability is determined by proving that the other party was negligent and that their negligence caused your injuries. To establish this, your lawyer must prove the following: - The other party had a duty to exercise reasonable care - The other party breached this duty - The breach of duty caused your injuries - You suffered damages as a result Liability is typically determined through negotiations between your lawyer and the other party's insurance company. If a settlement cannot be reached, the case may go to court, and a judge or jury will determine liability. At Jason Ward Law, We Can Assist The South Carolina Public With Car Accident Matters. If you have been injured in a car accident, you may be entitled to compensation for your injuries, medical expenses, lost wages, and other damages. At Jason Ward Law, we have years of experience handling car accident cases and can help you navigate the complexities of the legal system. Determining liability in a car accident case can be a complex and challenging process. Car accident lawyers use their expertise and resources to investigate the case thoroughly and determine who is liable for the damages. Factors that affect liability in a car accident case include negligence, road conditions, vehicle defects, and comparative fault. In a personal injury case, liability is determined by proving that the other party was negligent and caused your injuries. At Jason Ward Law, we are committed to helping the South Carolina public with car accident matters and providing the best legal representation possible.
29 Feb, 2024
Filing for Chapter 7 bankruptcy can be a daunting experience for anyone, especially if it's your first time. While many believe that filing for bankruptcy is a sign of financial failure, it's actually a lifesaver for those in debt. Unfortunately, many make common mistakes when filing for bankruptcy that can jeopardize their chances of a successful discharge. In today's blog, we'll look at some of the most common mistakes people make when filing for Chapter 7 bankruptcy in South Carolina and how you can avoid them. Plus, we'll discuss how Jason Ward Law can assist the South Carolina public with bankruptcy matters. 1. Not Consulting a Bankruptcy Attorney People often think that filing for bankruptcy is a simple process, and they can handle it on their own. However, bankruptcy is a complex process that requires technical knowledge and expertise. Failing to consult a bankruptcy attorney can put you at risk of making mistakes that can cost you your bankruptcy discharge. A Bankruptcy attorney can set you up for success, see things you may not be aware of, and help you navigate through the process smoothly. 2. Failing to Document all Debts When filing for bankruptcy, you must list all of your debts to ensure that they are included in your discharge. Failing to document all your debts can limit the amount of relief you receive, as these debts won't be covered in the bankruptcy petition. It's important to consult a bankruptcy lawyer who can guide you in documenting all your debts. 3. Not Reviewing Petitions Thoroughly Bankruptcy is a complicated process, and it's important to review all your bankruptcy petitions to identify any errors. Failing to review your bankruptcy petitions thoroughly can lead to costly mistakes that can jeopardize your chances of a successful discharge. Always ensure you review your petitions thoroughly to avoid errors that could slow down the process or cost you more money. 4. Not Complying with Court Orders Court orders in bankruptcy are essential, and it's important to follow them to the letter. Failing to comply with court orders could have serious consequences, including the invalidation of your bankruptcy petition. You must take all court orders seriously and adhere to the deadlines and requirements set by the court. 5. Not Declaring all Assets All assets must be declared in your bankruptcy petition, whether they are exempt or not. Failing to declare all assets can lead to the seizure of assets and prevent you from obtaining a bankruptcy discharge. You must ensure that all your property is listed in the bankruptcy petition and that you honestly disclose all your assets.  Filing for Chapter 7 bankruptcy can be a life-changing event and a difficult process to go through alone. However, avoiding common mistakes when filing for bankruptcy can make the difference between a successful and an unsuccessful discharge. At Jason Ward Law, we assist South Carolina residents with bankruptcy matters, including filing for Chapter 7 bankruptcy. Our team has the knowledge and experience needed to guide you through the bankruptcy process, avoid common mistakes, and ensure that your bankruptcy discharge is successful. Contact us today and let us help you achieve financial freedom.
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