What Benjamin R. Matthews and Associates Can Tell You About Bankruptcy
Who Benjamin R. Matthews and Associates Are
Benjamin R. Matthews and Associates is a law firm based in South Carolina that focuses on bankruptcy cases. The firm represents individuals and businesses working through Chapter 7, Chapter 13, and other bankruptcy filings. If you are researching bankruptcy law firms in the state, this firm's name may appear in your search, and understanding what they do can help you decide whether to contact them for a consultation.
Like other bankruptcy law firms, Benjamin R. Matthews and Associates works with clients to understand their financial situation, explain the bankruptcy process, and represent them in court. The firm's experience in South Carolina bankruptcy law means they know the local courts, judges, and procedures that affect how cases move forward.
Key Takeaways
- Benjamin R. Matthews and Associates is a South Carolina bankruptcy law firm that handles Chapter 7, Chapter 13, and other bankruptcy cases for individuals and businesses.
- A bankruptcy attorney from any firm can explain which chapter of bankruptcy may fit your situation and what the filing process involves.
- Most bankruptcy attorneys offer an initial consultation where you can discuss your debts, assets, and goals before deciding whether to hire them.
- You can find contact information for Benjamin R. Matthews and Associates through the South Carolina Bar Association or by searching for the firm's website directly.
- Comparing multiple bankruptcy attorneys in your area helps you understand different approaches and fee structures before making a choice.
What a Bankruptcy Attorney Does
A bankruptcy attorney's main job is to guide you through the filing process and represent your interests in court. They review your financial documents, explain which type of bankruptcy makes sense for your situation, and prepare the paperwork the court requires. They also handle communication with creditors and the trustee assigned to your case.
During a bankruptcy case, your attorney attends the meeting of creditors (also called the 341 meeting), answers questions from the trustee, and represents you if any disputes arise. They can also advise you on what debts may be discharged, what property you may keep, and what happens after the case closes. The specific work depends on whether you file Chapter 7 (liquidation) or Chapter 13 (repayment plan), since those two paths involve different court procedures and timelines.
How to Reach Out for a Consultation
If you want to learn more about Benjamin R. Matthews and Associates, you can search for their contact information online or look them up through the South Carolina Bar Association's lawyer directory. Most law firms list their phone number, office address, and website on their directory page.
When you call, ask whether they offer a free or low-cost initial consultation. Many bankruptcy attorneys use this first meeting to learn about your situation, answer your questions, and discuss their fees. Bring any financial documents you have—recent pay stubs, bank statements, credit card bills, and a list of debts—so the attorney can give you a clearer picture of what bankruptcy might involve for you.
Questions to Ask Any Bankruptcy Attorney
Before you hire an attorney, it helps to ask the same questions of multiple firms so you can compare their answers. Ask how long they have practiced bankruptcy law in South Carolina, how many cases similar to yours they have handled, and what their fee structure is. Some attorneys charge a flat fee for a Chapter 7 case, while others charge hourly or use a payment plan.
Also ask what the timeline looks like—how long from filing to discharge, what steps you will need to take, and how often you will need to meet with them. Ask whether they handle all communication with creditors and the trustee, or whether you will need to respond to some things directly. Understanding these details before you hire someone helps you know what to expect and whether that attorney's approach matches what you need.
Understanding Bankruptcy Chapters in South Carolina
Chapter 7 bankruptcy is a liquidation process where a trustee may sell non-exempt assets to pay creditors, and most remaining debts are discharged. The process typically takes three to six months. Chapter 7 is often used by people with lower income and significant unsecured debt (credit cards, medical bills, personal loans).
Chapter 13 bankruptcy sets up a repayment plan where you pay creditors over three to five years while keeping your property. Chapter 13 is often used by people with steady income who want to keep a house or car and can afford to pay back some of what they owe. An attorney can explain which chapter fits your income, debts, and goals.
What Happens After You File
Once you file, an automatic stay goes into effect, which stops most creditors from calling, suing, or taking collection action against you. Your attorney will help you understand this protection and what it covers. You will attend the 341 meeting with the trustee, where you answer questions about your finances under oath.
In Chapter 7, the trustee may ask about your property and debts, then either close the case or sell assets. In Chapter 13, you begin making monthly payments to the trustee, who distributes the money to creditors according to the court-approved plan. Your attorney stays involved throughout, handling disputes and making sure the process follows the law.
Finding Other Bankruptcy Resources in South Carolina
Beyond hiring an attorney, you can learn about bankruptcy from the U.S. Bankruptcy Court for South Carolina's website, which has information about the local court system and procedures. The South Carolina Bar Association also offers resources about finding and working with attorneys. Legal aid organizations in your county may offer free or low-cost bankruptcy consultations if your income is below a certain level.
The U.S. Trustee Program requires anyone filing bankruptcy to complete credit counseling before filing and financial management education after filing. These courses are available online and through nonprofit organizations, and your attorney can point you toward approved providers in South Carolina.
Frequently Asked Questions
How much does it cost to hire a bankruptcy attorney in South Carolina?
Fees vary by attorney and case type. Chapter 7 cases often have a flat fee ranging from several hundred to a few thousand dollars, depending on complexity. Chapter 13 cases may be charged hourly or as a flat fee. Ask about payment plans, since many attorneys allow you to pay the fee over time. Some legal aid organizations offer reduced-cost representation if you meet income limits.
Can I file bankruptcy without an attorney?
You can file without an attorney, but bankruptcy law is complex and mistakes can cost you. An attorney helps you understand which chapter fits your situation, protects your property through exemptions, and represents you in court. Many people find the cost of an attorney worth the protection and guidance it provides.
What should I bring to my first meeting with a bankruptcy attorney?
Bring recent pay stubs, tax returns, bank statements, credit card bills, mortgage or lease documents, and a list of all debts with creditor names and amounts owed. Also bring any court papers related to lawsuits or wage garnishment. The more complete your financial picture, the better advice the attorney can give you.
How long does a bankruptcy case take in South Carolina?
Chapter 7 cases typically close in three to six months, though some take longer if there are disputes. Chapter 13 cases last three to five years, depending on your repayment plan. Your attorney can give you a more specific timeline based on your situation and the local court's schedule.
Will bankruptcy stop my creditors from calling?
Yes. Once you file, the automatic stay prevents most creditors from calling, suing, or collecting. Some debts like child support and recent taxes are not stopped by the stay. Your attorney will explain which debts are affected and what creditors can and cannot do after you file.