Individuals are not required to have an attorney to file bankruptcy. Non-individuals must be represented by an attorney to file bankruptcy.  Bankruptcy is an extremely technical and complicated area of law and, historically, most cases fail where the debtor is not represented by an attorney.  There are a substantial number of documents required to be completed and filed to commence a case, many of which are extremely technical in nature, and the failure to file certain documents may result in the automatic dismissal of the case.  Unfortunately, many unrepresented parties do not obtain the relief they seek because they are unfamiliar with the complexities and requirements of bankruptcy law.   The staff at the Bankruptcy Court Clerk's Office cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please seek the advice of an attorney.

Though some accommodation is made for unrepresented parties, the law requires the Court to hold unrepresented parties to the same standards as if the party was represented by an attorney.

In a Chapter 7 case, attorney's fees are often paid by the debtor before the case is filed.  Under a Chapter 13 case, most of the attorney's fees are usually paid through the debtor’s repayment plan.  There are also legal service organizations that may be able to help with navigating a bankruptcy case and state and local bar associations often provide lawyer referral services. 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 and reference 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. Only eligible applicants are referred for representation by Legal Services or by the South Carolina Bar Pro Bono Program.

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 for a one-half hour consultation. A fee agreement for further representation would then be negotiated. You may also contact the Court at 803-765-5436 for assistance in obtaining legal counsel.

Bankruptcy petition preparers are permitted to provide services limited to the typing of forms and filing of documents.  Bankruptcy petition preparers may not provide legal advice. The bankruptcy petition preparer is required to sign and print the preparer's name, address and social security number on all documents prepared for filing. Bankruptcy petition preparers are not authorized to sign any document on your behalf. Therefore, you (and if filing a joint petition, your spouse) must also sign all the documents. Copies of all prepared documents should be furnished to you by the bankruptcy petition preparer at the time they are presented to you for signature. Likewise, bankruptcy petition preparers are prohibited by law from collecting or receiving any court fees connected with the filing of your case. Consequently, all court fees connected with the filing of your case, including the filing fee, miscellaneous administrative fee, and Chapter 7 trustee fee should be paid directly by you to the Court. The failure of any bankruptcy petition preparer to comply with the law should immediately be brought to the attention of any trustee appointed to your case and the local Office of the United States Trustee.

Debtors may choose which chapter of the Bankruptcy Code they believe suits their needs as long as they meet the requirements for eligibility under that chapter. Whether to file a bankruptcy case, and under which chapter to file, are extremely important matters that must be evaluated according to the particular circumstances of each debtor.  No simple statement can spell out all of the different issues to consider and it is usually best to consult with an attorney for representation. 

Certain limited waivers or exemptions to these requirements are set forth in 11 U.S.C. § 109(h).  If the debtor failed to obtain pre-petition credit counseling, the debtor should promptly request a waiver or an exemption from pre-petition credit counseling if the debtor is so eligible.

Once you have completed filling out the required documents and undergone pre-petition credit counseling, you may file these documents at the Bankruptcy Court Clerk’s Office at 1100 Laurel Street, Columbia, South Carolina, 29201, in person or through the mail. If you cannot file the documents by delivery to the Court in person or through the mail, you may send the documents to the Court by email to ProSeFilings@scb.uscourts.gov, along with a copy of a government-issued photo identification that includes your name and address. Further instructions for filing documents are provided in SC LBR 5005-4.

In order for the Court to process your filing, you must accompany it with the required filing fee based on the chapter you are filing under (exact cash, cashier’s check or Money Order only, no personal checks). The business hours and phone number for the Clerk’s Office are posted on our website and can be found here.

There is a filing fee to commence a bankruptcy case which varies by the chapter of case filed, as well as various miscellaneous fees that may apply for filing certain documents or services requested. Because filing fees change frequently, it is recommended that you visit the Court fees webpage of our website for the most up to date fee information.

The filing fee may be waived only in very limited circumstances and with Court approval. For Chapter 7 individual cases only, there is a procedure for proceeding In Forma Pauperis if the debtor’s income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. If you cannot afford to pay the fee either in full at the time of filing or in installments, then you may request a waiver of the filing fee by completing Form B103B (Application to have the Chapter 7 Filing Fee Waived) and filing it with the Court. A judge will decide whether or not you have to pay the fee.

Alternatively, an individual debtor (but not a corporation or partnership) who is unable to pay the full fee at the time of filing may, at the time of commencing the case, file an application to pay the fee in installments using Official Form B103A Application for Individuals to Pay the Filing Fee in Installments.

The Bankruptcy Code requires debtors to file various documents to commence a bankruptcy case, to establish eligibility, and to disclose your financial affairs.  This link will direct you to standard form documents utilized in the Bankruptcy Court.  The Clerk’s Office cannot help you complete these forms and the failure to timely file certain forms may result in the automatic dismissal of your case.   

A.  Secured Debt: A secured debt is a debt that is supported by a pledge of collateral. Collateral is defined as property that secures the satisfaction of a debt.  A creditor whose debt is secured by collateral has the right to use the collateral to satisfy the secured debt if the debtor defaults on his or her obligations.  Most secured debts are created voluntarily when a debtor willingly pledges property to secure a debt.  For example, most homes are burdened by a mortgage, which is a form of secured debt.  If the debtor defaults on a mortgage, the secured creditor has the right to begin foreclosure proceedings against the real property that secures the underlying loan.  Also, many people who buy cars pledge the vehicle to secure the loan, giving the lender a “security interest” in the car.  Outside of bankruptcy, this form of secured debt may give the lender the right to “self-help repossession,” allowing the creditor to take the collateral without first seeking permission from a court.  Secured debts can also be created without the debtor’s permission in certain circumstances such as a statutory lien (i.e., a mechanics lien) or a judicial lien.  

B.  Unsecured Debt: An unsecured debt generally consists of only one transaction -- the debtor borrows money and makes a binding promise to repay the loan.  An unsecured debt is not supported by a pledge of collateral, and the lender has no right to use the debtor’s property to satisfy the debt.  An unsecured debt may become a secured debt if the lender obtains a judgment against the debtor and uses this judgment to create a judicial lien.

C.  Priority Debt:  Priority debts are special types of unsecured debt that are entitled to be paid before other unsecured debts in a bankruptcy case.  Section 507(a) of the Bankruptcy Code lists types of unsecured debts that are given priority treatment.  These include certain taxes, certain wage claims of employees, debts related to goods and services provided to a debtor’s estate during the pendency of a bankruptcy case, and domestic support obligations.  If you have questions when deciding which of your debts are entitled to priority status, you should consult an attorney.

D.  Administrative Debt: Administrative expenses are the first type of priority debt listed as priority debts under 11 U.S.C. § 507(a).  Administrative expenses are incurred when someone provides goods or services to your bankruptcy estate.

You can object to any claim filed in your bankruptcy case if you believe the debt is not owed or if you believe the claim misrepresents the amount or kind of debt that you owe. In some circumstances, an objection to claim can be initiated by filing a motion in the bankruptcy court.  In other circumstances, it must be initiated by filing an adversary proceeding such as if you contest the validity, priority, or extent of the creditor’s lien.

Debtors must attend this meeting unless the requirement is waived by the United States Trustee.  If you are unable to attend the Meeting of Creditors on the date/time it is scheduled, you must contact the trustee assigned to your case or the local office of the United States Trustee as soon as possible, and request the matter be continued to another date/time. If you are serving in the military and will be out of state, consult the local office of the United States Trustee and/or the case trustee to determine how to proceed.  Failure to attend the Meeting of Creditors may result in the dismissal of your case.

When you file a motion or pleading with the Court, you must serve all interested parties by mailing or delivering a copy of the motion or pleading to them. To prove you have done so, you typically must file a certificate of service, which states that you mailed or delivered a copy of the motion or pleading to all interested parties, lists the names and addresses of those who were served, and states the date of service.   Failure to serve parties with a motion or other pleading may result in the denial of the relief you request.

It is the debtor’s responsibility to keep the Court updated of any change in address for noticing purposes. The debtor must file a letter of Change of Address stating your name and case number along with your old and new address to the Court immediately upon change. The letter must include the debtor’s handwritten signature.

The answer to this question depends on whether the case is filed under Chapter 7 or Chapter 13.  Debtors who file for relief under Chapter 7 do not have an automatic right to dismiss their bankruptcy case.  See 11 U.S.C. § 707(a).  Debtors who file for relief under Chapter 13 have the right to voluntarily dismiss their case under certain circumstances.  See 11 U.S.C. § 1307.

The failure to schedule a creditor may or may not affect the discharge of that particular debt.  An attorney experienced in bankruptcy law should be consulted because the answer of whether to list a creditor depends on the specific facts of each case.  However, in general, a debtor may file a motion to reopen the case and may be able to amend the appropriate schedules and the creditor matrix.  It will be the debtor’s responsibility to serve the added creditor(s), in addition to all other creditors, the United States Trustee, and any trustee appointed to the case, with notice of the motion to reopen the case and amend the pertinent case pleadings.  See SC LBR 1009-1.