The resources provided on this web page are designed to provide information to debtors proceeding in bankruptcy court without an attorney, also known as proceeding "pro se"). When filing a bankruptcy case, you must follow all applicable local and federal bankruptcy rules. Representing yourself in a bankruptcy case is allowed; however, the process can be complex and many self-represented debtors often do not obtain the relief they seek because they are unfamiliar with the requirements of the court including rigid deadlines to submit certain required information. Information contained herein is given as a general overview of the bankruptcy process and should not be relied upon for your individual circumstances or taken as legal advice. Consult an attorney to discuss your particular circumstances. You can obtain information about the bankruptcy process and requirements, as well as how to obtain legal assistance, by using the resources provided below. If you are considering filing bankruptcy or have already done so, you may also wish to consult the Court’s Frequently Asked Questions webpage webpage, which contains general information for all debtors and specific information for debtors filing without an attorney.

If you filed a bankruptcy case without an attorney, please take a moment to complete this survey designed to improve customer service to parties filing without an attorney. You may access this survey by clicking on this link.

	Bankruptcy Basics Video Presentation for Pro Se Filers

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• Finding an Attorney
• • Information about free Legal Assistance - If you need free legal assistance to file Chapter 7 or Chapter 13 bankruptcy, you may contact South Carolina Legal Services at 1-888-346-5592 for legal services and tell them that you are considering filing bankruptcy (or have already done so). South Carolina Legal Services determines if you are eligible for legal services based upon federally established poverty guidelines. Eligible applicants are referred for representation by Legal Services or by the South Carolina Bar Pro Bono Program. Additional information may be found on the South Carolina Legal Services' website at http://www.sccej.org/.
  
  
  
  • Information about Lawyer Referral - If you are not eligible for free legal representation, or are searching for an attorney in your area, please call the South Carolina Bar Lawyer Referral Service at 803-799-7100 (in Columbia) or 1-800-868-2284 (outside Columbia). The service can provide the name of a lawyer who handles your type of case. The lawyer may charge a minimal fee (approximately $50.00) for a one-half hour consultation. A fee agreement for further representation would then be negotiated.
  
  
  
  • Information about Assistance in Pending Cases - You may contact the Court at 803-765-5436 for more information about how to find an attorney.

• Filing and Forms
To initiate and maintain a bankruptcy case, certain forms must be completed and filed. These forms can be found on the Court’s website under the Forms menu, which contains local and national forms, and in the exhibits to the Court’s Local Rules, which is found under the Reference Library menu item of this website. The below checklists will direct you to the appropriate forms needed in your particular case. The Court does not maintain examples of completed form as no two cases are alike; however, most required forms contain instructions that will direct you on how to complete the form. National forms begin with the letter B such as Form B21 while local forms are usually described as an exhibit to a local rule such as Exhibit A to Local Rule 3015-1.

    Chapter 7
        • Filing Requirements Checklist
        • ProSe Forms Packet
          Payments
                • IFP (*If filing an IFP, please read Poverty Guidelines)
                • Installment Payment Application

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     Chapter 11 - Filing Requirement Checklist



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    Chapter 13
        • Filing Requirements Checklist
        • ProSe Forms Packet
        • Chapter 13 Plan
        • Installment Payment Application

• Warning About Bankruptcy Petition Preparers
Only an attorney is authorized to give you legal advice regarding bankruptcy. Non-attorneys may act as “petition preparers” but these individuals are not authorized to give legal advice. Their role is strictly that of a typing service transcribing for a minimal fee the information a client provides.

        • For example, petition prepares cannot:

                1. Make suggestions regarding what papers are legally appropriate;
                2. Advise you regarding what is legally required when a form elicits information from you;
                3. Explain the meaning of a particular statutory provision or rule;
                4. Provide advice on the best procedure to accomplish a particular goal;
                5. Explain the result of taking or not taking action in a case; or
                6. Explain who should receive proper notice or service.

        • Beware of petition preparers who:

                1. Help you complete your paperwork but who will not sign the bankruptcy petition with you. Petition preparers must sign in a designated area on the third page of a bankruptcy petition. Courts have banned certain individuals from being petition preparers because they have engaged in conduct harmful to debtors. An individual who will not sign the petition with you, is not only violating the Bankruptcy Code but may be someone who has previously engaged in harmful and fraudulent conduct against individuals similar to you.
                2. Charge a large fee for bankruptcy forms. Most of the required forms in a bankruptcy case are available free of charge through the Court’s website. The Clerk’s Office can also provide the forms for a minimum charge.
                3. Charge a large fee for the services they provide. Because the services a petition preparer can provide are very limited, the fee charged should be minimal. Attorney representation in a chapter 7 case can often be obtained for a minimum fee and the majority of an attorney’s fee in a chapter 13 case can often be paid over the course of the case, both of which negate against the need for petition preparers.
                4. Provide legal advice. Attorneys are licensed by the bar to protect the public. Unlicensed individuals cannot provide you with complete and competent advice and may harm those who they may intend to help.

If you have been harmed by a petition preparer, please contact the United States Trustee at 803-765-5250

• Warning About Mortgage and Loan Modification Companies
        Loan and mortgage modification may be an effective way to restructure your payments and to retain your home. Unfortunately, a number of companies have harmed individuals through illicit practices. The Federal Trade Commission has identified the following popular scams:

• Phony Counseling or Phantom Help
        The scam artist tells you that he can negotiate a deal with your lender to save your house if you pay a fee first. You may be told not to contact your lender, lawyer, or credit counselor, and to let the scam artist handle all the details. Once you pay the fee, the scam artist takes off with your money.
        Sometimes, the scam artist insists that you make all mortgage payments directly to him while he negotiates with the lender. In this instance, the scammer may collect a few months of payments before disappearing.

• Bait-and-Switch
        You think you’re signing documents for a new loan to make your existing mortgage current. This is a trick: you’ve signed documents that surrender the title of your house to the scam artist in exchange for a “rescue” loan.

• Rent-to-Buy Scheme
        You’re told to surrender the title as part of a deal that allows you to remain in your home as a renter, and to buy it back during the next few years. You may be told that surrendering the title will permit a borrower with a better credit rating to secure new financing – and prevent the loss of the home. But the terms of these deals usually are so burdensome that buying back your home becomes impossible. You lose the home, and the scam artist walks off with all or most of your home’s equity. Worse yet, when the new borrower defaults on the loan, you’re evicted.
        In a variation, the scam artist raises the rent over time to the point that the former homeowner can’t afford it. After missing several rent payments, the renter – the former homeowner – is evicted, leaving the “rescuer” free to sell the house.
        In a similar equity-skimming situation, the scam artist offers to find a buyer for your home, but only if you sign over the deed and move out. The scam artist promises to pay you a portion of the profit when the home sells. Once you transfer the deed, the scam artist simply rents out the home and pockets the proceeds while your lender proceeds with the foreclosure. In the end, you lose your home – and you’re still responsible for the unpaid mortgage. That’s because transferring the deed does nothing to transfer your mortgage obligation.
        Fraudulent foreclosure “rescue” professionals use half truths and outright lies to sell services that promise relief and then fail to deliver.

• Bankruptcy Foreclosure
        The scam artist may promise to negotiate with your lender or to get refinancing on your behalf if you pay a fee up front. Instead of contacting your lender or refinancing your loan, the scam artist pockets the fee and files a bankruptcy case in your name – sometimes without your knowledge.

• Where to Find Legitimate Help
        You may contact a credit counselor through the Homeownership Preservation Foundation (HPF), a nonprofit organization that operates the national 24/7 toll-free hotline (1.888.995.HOPE) with free, bilingual, personalized assistance to help at-risk homeowners avoid foreclosure. HPF is a member of the HOPE NOW Alliance of mortgage servicers, mortgage market participants and counselors. More information about HOPE NOW is at http://www.hopenow.com. The Making Homes Affordable program may also help you refinance your home. More information on Making Homes Affordable may be found at http://www.makinghomeaffordable.gov.
        A bankruptcy attorney can also review your financial situation and advise you about whether bankruptcy is appropriate for you. Information about finding a local bankruptcy attorney is available on the Court’s webpage.
        If you believe you have been a victim of a mortgage modification scam, contact the Federal Trade Commission at 1-877-382-4357 or the South Carolina Department of Consumer Affairs at 1-800-922-1594. More information for homeowners and consumers is available at http://www.ftc.gov/

• Top 10 Signs of a Loan Modification Scam
        Some debtors have paid companies thousands of dollars for failed loan modifications where such money could have been used to retain a bankruptcy attorney and repay creditors. The Office of the Comptroller of Currency has issued the following Consumer Advisory containing ten warning signs that a loan modification company may be scamming you:

1. “Pay us $1,000, and we’ll save your home.”
        Some legitimate housing counselors may charge small fees, but fees that amount to thousands of dollars are likely a sign of potential fraud — especially if they are charged up-front, before the “counselor” has done any work for you. Be wary of companies that require you to provide a cashier’s check or wire transfer before they take any action on your behalf.
2. “I guarantee I will save your home – trust me.”
        Beware of guarantees that a person or company can stop foreclosure and allow you to remain in your house. Unrealistic promises are a sign that the person making them will not consider your particular circumstances and is unlikely to provide services that will actually help you.
3. “Sign over your home, and we’ll let you stay in it.”
        Be very suspicious if someone offers to pay your mortgage and rent your home back to you in exchange for transferring title to your home. Signing over the deed to another person gives that person the power to evict you, raise your rent, or sell the house. Although you will no longer own your home, you still will be legally responsible for paying the mortgage on it.
4. “Stop paying your mortgage.”
        Do not trust anyone who tells you to stop making payments to your lender and servicer, even if that person says it will be done for you.
5. “If your lender calls, don’t talk to them.”
        Your lender should be your first point of contact for negotiating a repayment plan, modification, or short sale. It is vital to your interests to stay in close communication with your lender and servicer, so they understand your circumstances.
6. “Your lender never had the legal authority to make a loan.”
        Do not listen to anyone who claims that “secret laws” or “secret information” will be used to eliminate your debt and have your mortgage contract declared invalid. These scammers use sham legal arguments to claim that you are not obligated to pay your mortgage. These arguments don’t work.
7. “Just sign this now; we’ll fill in the blanks later.”
        Take the time to read and understand anything you sign. Never let anyone else fill out paperwork for you. Don’t let anyone pressure you into signing anything that you don’t agree with or understand.
8. “Call 1-800-Fed-Loan.”
        This may be a scam. Some companies trick borrowers into believing that they are affiliated with or are approved by the government or tell you that you must pay them high fees to qualify for government loan modification programs. Keep in mind that you do not have to pay to participate in legitimate government programs. All you need to do is contact your lender to find out if you qualify.
9. “File for bankruptcy and keep your home.”
        Filing bankruptcy only temporarily stops foreclosure. If your mortgage payments are not made, the bankruptcy court will eventually allow your lender to foreclose on your home. Be aware that some scammers will file bankruptcy in your name, without your knowledge, to temporarily stop foreclosure and make it seem as though they have negotiated a new payment agreement with your lender.
10. “Why haven’t you replied to our offer?
        Do you want to live on the streets?” High-pressure tactics signal trouble. If someone continually contacts you and pressures you to work with them to stop foreclosure, do not work with that person. Legitimate housing counselors do not conduct business that way.
Beware of loan modification companies who provide legal advice and advise you to file bankruptcy or not to file bankruptcy. Bankruptcy has helped many debtors save their home and a bankruptcy attorney should be consulted before making a decision about whether bankruptcy is appropriate for you.

        If you believe you have been a victim of a mortgage modification scam, contact the Federal Trade Commission at 1-877-382-4357.

• Credit Counseling and Financial Management
• Individual debtors must complete credit counseling within the 180 day period prior to filing for bankruptcy or must qualify for a limited exemption or waiver from the credit counseling requirement. Failure to obtain credit counseling prior to filing a bankruptcy case may result in the dismissal of the case. Prior to receiving a discharge, individuals must also undergo a financial management course. The below links provide further information about credit counseling, financial management, and obtaining a waiver or exemption from pre-petition credit counseling.
  
          • Link to Information regarding Approved Credit Counseling Agencies.
  
          • Credit Counseling - "Request for Exemption" Certification of Non-Compliance with 11 U.S.C. § 109(h)(1)(file with the Court if applicable)
  
          • Credit Counseling - "Inability to Complete" Pre-Petition Credit Counseling - due to incapacity, disability or active military duty per 11 U.S.C. § 109(h)(4)
  
          • Link to Information regarding approved Financial Management Course Providers.
  
  

• Other Important Resources & Information
• • Bankruptcy Basics
  
  
  
  • Bankruptcy Basics - basic information for cases filed on or after October 17, 2005
  
  
  
  • Bankruptcy Basics - basic information for cases filed before October 17, 2005
  
  
  
  • Link to Information regarding Means Testing(a calculation of income and expenses in consumer bankruptcy cases)
  
  
  
  • Money management - http://www.mymoney.gov
    
    
  • Poverty Guidelines (as posted on www.uscourts.gov)
  
  
  
  • Reaffirmation Agreements- Debtor Information Packet
  
  
  
  • United States Bankruptcy Court District of South Carolina Local Rules.
  
  
  
  • Link to Information regarding Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
  
  
  
  • Redaction of Privacy Information
  
  
  

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