- 1). Take a court-approved credit counseling course and receive a certificate within 180 days of filing for bankruptcy. Look for approved South Carolina pre-bankruptcy credit courses on the South Carolina bankruptcy court website or call or visit the court and ask for a list.
- 2). Compile a list of all your debts, expenses and income. Include account numbers and balances for all creditors, regular expenses such as utilities, food and clothing, and all proof of income such as pay stubs, investment statements and documentation of Social Security, unemployment or other unearned income payments.
- 3). Obtain the bankruptcy petition papers from your lawyer. Visit the court to get the paperwork or download it from the court website if you do not have a lawyer.
- 4). Complete the Means Test sheet first to find out which kind of bankruptcy you can file. Determine if your income is more than the South Carolina median of $38,728 (as of October 2009). File Chapter 7 bankruptcy if your income is less than $38,728. File Chapter 13 bankruptcy if your income is more than $38,728 and you have more than $100 in discretionary income every month.
- 5). Complete the rest of the bankruptcy petition paperwork. Give the petition and your financial documents to your lawyer so he can look everything over and then file with the court. File the paperwork at the court house yourself if you do not have a lawyer.
- 6). Pay a $299 filing fee for Chapter 7 bankruptcy or a $274 filing fee for a Chapter 13 bankruptcy (as of September 2010). Pay by cash, certified check or money order unless your lawyer pays the filing fee for you, in which case the South Carolina court will accept a check from the lawyer or the lawyer's credit card.
Receive a date for the 341 meeting, or Meeting of Creditors, from the court clerk as well as the contact information for the trustee who will oversee your case. - 7). Create a plan to repay as much debt as possible if you are a Chapter 13 filer. Talk to your lawyer or your trustee to come up with a plan that lasts three to five years and pays back your debt without cutting into funds that you use for household expenses. File the plan with the court to complete the bankruptcy declaration process. Do not create a repayment plan if you are a Chapter 7 filer.
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