South Carolina Consumer Law Blog

Stay up to date with the latest developments in South Carolina bankruptcy, foreclosure, debt collection, auto fraud, lemon law, repossession, warranty and consumer law.

August 30, 2019

One of the most common questions we hear in South Carolina is "what is chapter 7 bankruptcy?" The bankruptcy process itself is extremely complex, but explaining what a Chapter 7 does, at it's core, is much more simple.

Simply put - Chapter 7 is a liquidation bankruptcy, with the end goal being to discharge all eligible debts and creditors and emerge with a "fresh start" financially.  This allows you to move forward without collections, payments or contact from your discharged creditors, and rebuild and start your financial life from that point forward.  Understandably, you probably have questions after reading that:

Who can File a Chapter 7?

Both ind...

July 31, 2019

If you are facing foreclosure in South Carolina and want to save your home, Chapter 13 bankruptcy may provide a valuable tool to stop foreclosure and allow you to keep your house.

Through a Chapter 13 bankruptcy, you can stop foreclosure, pay off back-owed payments on your mortgage over a three to five-year period, and potentially treat second mortgages, equity lines and judgment liens with lower payments.  While advice from a bankruptcy attorney is recommended for a full understanding of any potential case, I'm providing a general overview of the process for affected homeowners to seek relief.

The Automatic Stay

When a consumer files bankr...

March 14, 2019

One of the most common misconceptions I hear as a bankruptcy attorney is some variation on this statement:

"How can someone afford to file for bankruptcy if they can't pay their bills?"

The way of thinking that produces a statement like that - the assumption that because someone can't afford a house payment, car payment or credit card payment, they must not make any money or are unwilling to pay anything - is extremely misguided.  It represents a fundamental misunderstanding of the circumstances that typically lead someone to file bankruptcy, and does not accurately reflect the financial status of most people that I see filing bankruptcy. Like most assum...

December 21, 2018

It is occurs all too often that I meet with a panicked prospecive client who just had their vehicle repossessed, and they cannot figure out why.  Without a vehicle, they are unable to do the things many of us take for granted everyday - go to work, take their kids to school, or go to the store or pharmacy.  It reinforces just how much our livelihood depends on a vehicle.  Without it, you might be not be able to make a living.  Now a company is demanding that they not only pay the past-due amount or the entire amount of the vehicle loan, but also towing and storage fees. 

South Carolina residents should be aware of the laws...

July 10, 2018

Because of defects with the service of the original Complaint in 2009, a Discover Bank judgment in excess of $9,000.00 rendered against a consumer was declared null and void by the Spartanburg County Court of Common Pleas in South Carolina.

The consumer, represented by Andrew R. Hart, filed a motion challenging the 2009 judgment in May 2018.  The consumer didn't learn of the existence of the judgment until, while exploring the possibility of refinancing her mortgage in early 2018, she was informed by her bank that a lien from the judgment was present on her property. Upon investigating the judgment, the consumer found that Discover Bank c...

May 8, 2018

On behalf of a South Carolina consumer, Andrew R. Hart, Esq. successfully won a lemon law claim filed against FCA US LLC.  As part of the award, the consumer will receive all money back that was paid for the defective vehicle.

The case arose out of a consumer's lease of a new 2018 Jeep Grand Cherokee from Big O Dodge in Greenville, South Carolina.  Within days, the Jeep Grand Cherokee would not start, and the consumer had to tow the vehicle to a dealership for inspection.  As more than a month passed without the vehicle being repaired and without any solutions presented, the consumer was forced to maintain payments on the lease in order to maintain thei...

March 14, 2018

Attorney Andrew R. Hart secured judgment on behalf of a South Carolina consumer in the Pickens County Court of Common Pleas for selling a used truck using unfair and deceptive methods.

A dealership in Easley, South Carolina was found liable for damages in the amount of $34,646.00.  The judgment determined that the dealership violated the South Carolina Unfair Trade Practices Act (SC Code 39-5-10), which bars businesses from using unfair or deceptive practices in conducting business in South Carolina.  Along with damages suffered by the consumer, attorney's fees and costs were awarded as part of the judgment.

The case involved the sale of a used...

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