McCarthy Reynolds & Penn: A South Carolina Bankruptcy Law Firm
Who McCarthy Reynolds & Penn Are and What They Do
McCarthy Reynolds & Penn is a law firm based in South Carolina that handles bankruptcy cases for individuals and businesses. The firm represents clients through Chapter 7, Chapter 13, and other bankruptcy proceedings in federal court. They work with people facing foreclosure, wage garnishment, medical debt, and other financial crises that lead to bankruptcy filing.
The firm operates as a private legal practice, meaning you hire them directly and pay for their services. They are not a government agency, and they do not work for the court. Their role is to represent your interests in bankruptcy proceedings, which means explaining your options, preparing documents, and appearing in court on your behalf.
Key Takeaways
- McCarthy Reynolds & Penn is a private law firm that represents clients in bankruptcy cases filed in South Carolina federal courts.
- The firm handles Chapter 7 liquidation bankruptcies, Chapter 13 repayment plans, and other bankruptcy types for individuals and businesses.
- You pay the firm directly for legal representation; they do not receive payment from the court or government.
- Bankruptcy lawyers help you understand which chapter fits your situation, prepare required documents, and represent you at hearings and meetings with creditors.
- South Carolina has two federal bankruptcy courts—one in Charleston and one in Columbia—and your case files in the district where you live or work.
What Bankruptcy Lawyers Do in Your Case
A bankruptcy attorney's job is to guide you through the legal process and protect your rights. In Chapter 7 cases, they explain which assets you can keep under South Carolina law, help you complete the required financial forms, and represent you at the meeting of creditors. In Chapter 13 cases, they work with you to design a repayment plan that the court will review and approve.
Lawyers also handle communication with creditors and the court on your behalf. They file motions, respond to objections, and argue your case if creditors challenge your bankruptcy. Without a lawyer, you would do all of this yourself, which is legally possible but difficult because bankruptcy law is technical and mistakes can cost you money or property.
How to Contact McCarthy Reynolds & Penn
To learn whether McCarthy Reynolds & Penn takes cases like yours, you can contact the firm directly by phone or through their office. Most bankruptcy firms offer a free initial consultation where you describe your situation and they explain whether they can help and what their fees would be.
Bankruptcy lawyer fees vary. Some charge a flat fee for Chapter 7 cases (often between $1,000 and $2,500 in South Carolina, though this varies by firm and complexity). Chapter 13 cases sometimes use a different fee structure because the repayment plan may cover attorney costs. Ask about payment plans—many firms allow you to pay in installments.
When You Might Need a Bankruptcy Lawyer
You may want to hire a lawyer if you are facing foreclosure, have wage garnishment, owe back taxes, or have debts you cannot pay. A lawyer can tell you whether bankruptcy will actually help your situation or whether another option (like credit counseling or negotiating with creditors) might work better.
You do not have to hire a lawyer to file bankruptcy—you can represent yourself, which is called filing pro se. However, bankruptcy courts are complex, deadlines are strict, and mistakes can result in your case being dismissed or your debts not being discharged. Many people find that paying for a lawyer saves them money in the long run by protecting their assets and ensuring the process works.
South Carolina Bankruptcy Courts and Filing Districts
South Carolina has two federal bankruptcy courts: the District of South Carolina in Charleston and the District of South Carolina in Columbia. Your case files in the district where you live or, in some cases, where you work. McCarthy Reynolds & Penn would file your case in the appropriate district based on where you are located.
Both courts follow the same federal bankruptcy law, but they have different judges, different local rules, and different schedules. A lawyer familiar with the specific court where your case will be heard has an advantage because they know how that judge typically rules and what paperwork that court expects.
Understanding Bankruptcy Chapters and What Lawyers Explain
Chapter 7 bankruptcy is liquidation—you list all your debts and assets, and most unsecured debts (credit cards, medical bills, personal loans) are erased. You keep certain property under South Carolina exemption law, and the trustee sells the rest to pay creditors. Chapter 7 is usually faster, taking three to six months.
Chapter 13 bankruptcy is a repayment plan. You keep your property and pay creditors over three to five years according to a plan the court approves. Chapter 13 is often used when you have a steady income, want to keep your home, or have debts that cannot be erased in Chapter 7 (like recent taxes or child support).
A bankruptcy lawyer explains which chapter fits your income, debts, and goals. They also explain what happens after bankruptcy—how it affects your credit, when you can borrow again, and what debts survive the process (student loans, child support, and recent taxes usually cannot be erased).
What to Bring to Your First Meeting with a Lawyer
When you meet with McCarthy Reynolds & Penn or any bankruptcy lawyer, bring documents that show your financial situation. This includes recent pay stubs, tax returns, bank statements, mortgage or lease papers, car loan documents, credit card statements, and bills from creditors. Bring a list of all debts you owe, including the creditor name, the amount, and whether it is secured (backed by collateral like a house or car) or unsecured.
Also bring information about your income, expenses, and assets. The lawyer will use these documents to complete the bankruptcy forms required by the court. The more organized you are, the faster the process moves and the lower your legal costs may be.
Frequently Asked Questions
How much does it cost to hire a bankruptcy lawyer in South Carolina?
Fees vary by firm and case type. Chapter 7 cases typically cost between $1,000 and $2,500, while Chapter 13 cases may have different structures because the repayment plan can include attorney fees. Many firms offer payment plans. Ask about the total cost upfront and whether it includes court filing fees (which are separate and set by the federal court).
Can I file bankruptcy without a lawyer?
Yes, you can file pro se (representing yourself). However, bankruptcy law is technical, forms are detailed, and mistakes can result in your case being dismissed or debts not being erased. Many people find that hiring a lawyer protects their assets and ensures the process succeeds, which often saves money overall.
How long does bankruptcy take?
Chapter 7 usually takes three to six months from filing to discharge. Chapter 13 takes three to five years because you are making payments on a court-approved plan. The timeline depends on whether creditors object, whether the court has questions, and how complex your finances are.
Will bankruptcy erase all my debts?
No. Bankruptcy erases most unsecured debts like credit cards and medical bills, but it does not erase student loans (with rare exceptions), child support, recent taxes, or debts from fraud. A lawyer explains which debts survive bankruptcy and what your options are for those debts.
What happens to my house or car in bankruptcy?
In Chapter 7, you can keep your house or car if you are current on payments and the equity is protected by South Carolina exemption law. If you are behind on payments, the lender may foreclose or repossess. In Chapter 13, you keep your property and catch up on missed payments through your repayment plan. A lawyer explains your options for each asset.