What Melnyk Law Firm, PC Offers in Bankruptcy Cases

Melnyk Law Firm, PC: A South Carolina Bankruptcy Practice

Melnyk Law Firm, PC is a bankruptcy law practice serving clients in South Carolina. The firm handles personal and business bankruptcy cases, working with individuals and companies navigating debt relief options under federal bankruptcy law. If you are considering bankruptcy or have been contacted by creditors, understanding what a bankruptcy attorney does—and what this particular firm offers—can help you decide whether to seek legal representation.

Bankruptcy law is complex, involving federal court filings, creditor negotiations, and strict procedural deadlines. An attorney's role is to explain your options, prepare and file required documents, represent you in court, and work toward an outcome that protects your assets and addresses your debts according to the law.

Key Takeaways

• Melnyk Law Firm, PC handles both Chapter 7 and Chapter 13 bankruptcy cases for individuals and businesses in South Carolina.
• A bankruptcy attorney prepares court filings, represents you before a judge, and negotiates with creditors on your behalf.
• The firm's services typically include an initial consultation to review your financial situation and discuss which bankruptcy chapter may fit your circumstances.
• Bankruptcy involves federal court deadlines and mandatory credit counseling; an attorney helps ensure all steps are completed correctly and on time.

What Bankruptcy Attorneys Do

When you hire a bankruptcy attorney, you are paying for legal guidance through a federal process. The attorney reviews your income, debts, assets, and expenses to determine whether Chapter 7 (liquidation) or Chapter 13 (reorganization) makes sense for your situation. They explain the consequences of each option—what you keep, what you lose, how long the process takes, and what happens after discharge.

The attorney then prepares your bankruptcy petition, schedules, and supporting documents. These filings must be accurate and complete; errors can delay your case or result in dismissal. Once filed, the attorney represents you at the meeting of creditors (also called the 341 meeting) and in any court hearings. If creditors object to your discharge or if complications arise, the attorney handles those disputes.

In Chapter 13 cases, the attorney also negotiates a repayment plan with creditors and represents you before the bankruptcy judge to confirm the plan. Throughout the process, the attorney communicates with the trustee assigned to your case and ensures you meet all deadlines for credit counseling and financial management courses.

Services Melnyk Law Firm Typically Provides

Most bankruptcy law firms, including Melnyk Law Firm, PC, begin with a consultation. During this meeting, you discuss your financial circumstances, debts, income, and assets. The attorney asks questions to understand whether bankruptcy is the right path and, if so, which chapter fits your needs. Some firms offer this initial consultation at no charge; others charge a fee. It is worth asking about the firm's consultation policy when you call.

If you decide to proceed, the firm prepares all required documents. In South Carolina, this includes your petition for bankruptcy, schedules of assets and liabilities, a statement of financial affairs, and a means test (which determines whether you may have access to for Chapter 7). The firm also ensures you complete the mandatory credit counseling course before filing and the financial management course before discharge.

Throughout your case, the firm handles communication with creditors, the trustee, and the court. If you receive a notice or summons, you forward it to your attorney rather than responding yourself. This protects your rights and ensures responses meet legal requirements.

Chapter 7 vs. Chapter 13: How an Attorney Helps You Choose

Chapter 7 bankruptcy discharges most unsecured debts (credit cards, medical bills, personal loans) but may require you to surrender non-exempt assets. The process typically takes three to six months. Chapter 13 allows you to keep your assets but requires a three- to five-year repayment plan; you pay back a portion of your debts according to a court-approved budget.

Your income, debts, and assets determine which chapter you can use. If your income exceeds South Carolina's median income for your household size, you must pass a means test to file Chapter 7; otherwise, you are directed to Chapter 13. An attorney calculates this test and explains the results. They also discuss which option protects more of your property, costs less in fees and trustee payments, and aligns with your goals.

The choice is ultimately yours, but an experienced attorney can show you the trade-offs. For example, Chapter 7 is faster but you may lose a vehicle or second property. Chapter 13 lets you keep everything but commits you to a repayment plan for years. An attorney helps you weigh these outcomes.

Costs and What to Expect

Bankruptcy attorney fees vary. Chapter 7 cases typically cost less than Chapter 13 because they are simpler and shorter. South Carolina bankruptcy courts publish guidelines for reasonable fees; as of recent years, Chapter 7 fees often range from $1,000 to $2,500, and Chapter 13 fees from $2,500 to $4,500, though these figures vary by attorney and case complexity. Some firms offer payment plans so you do not have to pay the entire fee upfront.

Court filing fees are separate from attorney fees. The federal court charges a filing fee (currently around $300 for Chapter 7 and $310 for Chapter 13) plus a trustee surcharge. These are paid when you file. Additionally, you must pay for the mandatory credit counseling and financial management courses, which cost roughly $50 to $100 each.

When you contact Melnyk Law Firm, PC, ask about their fee structure, what is included, and whether they offer payment arrangements. A clear fee agreement in writing protects both you and the firm.

How to Contact Melnyk Law Firm, PC

To learn more about the firm's services, you can reach out directly by phone or through their website. Have your financial information available—a rough list of debts, monthly income, and major assets—so the attorney can give you a preliminary sense of your situation during the consultation.

Before you call, consider writing down your questions. For example: Do you handle Chapter 7 and Chapter 13? What is your fee for my type of case? Do you offer a payment plan? How long does the process typically take? What happens if I have a second mortgage or a car loan? These questions help you make the most of your consultation time.

Frequently Asked Questions

Do I need an attorney to file bankruptcy?

You are legally allowed to file without an attorney (called "pro se"), but bankruptcy is a federal process with strict rules. Missing a deadline, filing an incomplete petition, or making an error can result in dismissal and loss of the protection bankruptcy offers. Most people benefit from having an attorney handle the process.

What happens if I cannot afford an attorney?

Some bankruptcy attorneys offer payment plans. You can also contact the South Carolina Bar Association or a legal aid organization to ask about low-cost or pro bono (free) bankruptcy services in your area. The court may also allow you to pay filing fees in installments if you cannot pay them all at once.

How long does a bankruptcy case take?

Chapter 7 typically takes three to six months from filing to discharge. Chapter 13 takes three to five years because you are making monthly payments. Your attorney can give you a more specific timeline based on your case.

Will bankruptcy stop creditor calls and lawsuits?

Yes. When you file bankruptcy, an automatic stay goes into effect, which stops most creditors from calling, sending letters, or pursuing lawsuits. There are exceptions (like child support), but for most debts, the stay provides immediate relief. Your attorney explains which debts are affected.

What debts can bankruptcy discharge?

Bankruptcy can discharge credit card debt, medical bills, personal loans, and other unsecured debts. It cannot discharge child support, alimony, most student loans, recent taxes, or fines. Your attorney reviews your specific debts to explain what bankruptcy can and cannot address.