What to Know About O'Steen Law Firm's Bankruptcy Practice in South Carolina

O'Steen Law Firm handles bankruptcy cases across South Carolina

O'Steen Law Firm is a South Carolina-based legal practice that represents individuals and businesses filing for bankruptcy protection. The firm operates in multiple locations throughout the state and focuses on Chapter 7 and Chapter 13 bankruptcy cases, which are the two most common forms of personal bankruptcy filing. If you are considering bankruptcy, understanding what a law firm does and how to evaluate one is an important part of the process.

A bankruptcy attorney's role is to explain your options, file required paperwork with the court, represent you in proceedings, and help you navigate the legal requirements specific to your situation. The firm's experience with South Carolina bankruptcy courts and local procedures can matter significantly in how smoothly your case moves through the system.

Key Takeaways

• O'Steen Law Firm represents clients in Chapter 7 and Chapter 13 bankruptcy cases throughout South Carolina.
• Bankruptcy attorneys file court documents, explain your rights and obligations, and represent you in required hearings and meetings with creditors.
• The cost of hiring a bankruptcy attorney varies depending on the complexity of your case and the chapter you file under.
• You can contact the firm directly to discuss your situation and learn what services they offer for your specific circumstances.

What bankruptcy attorneys do in your case

When you hire a bankruptcy attorney, they begin by reviewing your financial situation—your income, debts, assets, and monthly expenses. This information determines which chapter of bankruptcy makes sense for you and what you can expect during the process. The attorney explains the differences between Chapter 7 (where may be able to access debts are discharged) and Chapter 13 (where you repay debts through a court-approved plan), and what each path means for your property and finances.

The attorney then prepares and files your bankruptcy petition, schedules, and other required documents with the federal bankruptcy court. These documents must be accurate and complete; errors can delay your case or create problems later. After filing, you are required to attend a meeting with the trustee assigned to your case—the person who oversees your bankruptcy. Your attorney prepares you for this meeting and attends it with you. If creditors object to your discharge or other aspects of your case, your attorney represents you in court.

How to contact O'Steen Law Firm

O'Steen Law Firm maintains offices in several South Carolina communities. You can reach the firm by phone or visit their office in person to schedule a consultation. During an initial consultation, you can discuss your financial situation, ask questions about the bankruptcy process, and learn what the firm charges for representation.

Many bankruptcy attorneys offer free or low-cost initial consultations so you can understand your options before deciding whether to hire them. It is reasonable to ask about the firm's experience with cases similar to yours, how long they expect your case to take, and what the total cost will be. You should also ask whether the attorney or a paralegal will handle different parts of your case.

Understanding bankruptcy attorney fees

Bankruptcy attorney fees in South Carolina vary based on the complexity of your case, the chapter you file under, and the firm's experience level. Chapter 7 cases are typically less complex than Chapter 13 cases, so they often cost less. Some firms charge a flat fee for the entire case; others charge hourly rates or a combination of both.

Federal bankruptcy law allows you to pay attorney fees through your Chapter 13 repayment plan, which means you do not have to pay the entire fee upfront. In Chapter 7, you must pay the fee before filing, though some firms work with you on payment arrangements. Ask the firm for a written fee agreement that spells out exactly what services are included and what additional costs might arise.

What to bring to your first meeting

Before meeting with an attorney, gather documents that show your financial picture: recent pay stubs, tax returns, bank statements, credit card statements, mortgage or lease documents, car loan papers, medical bills, and any collection notices you have received. You should also list all your debts and assets, including retirement accounts, vehicles, and real estate.

Having these documents ready helps the attorney give you accurate information about your options and what to expect. If you do not have all of them, the attorney can tell you which ones are most important to find before your next meeting. Bring a list of questions you want answered so you do not forget anything during the consultation.

Choosing between Chapter 7 and Chapter 13

Chapter 7 bankruptcy discharges most unsecured debts—credit cards, medical bills, personal loans—and typically takes three to six months from filing to discharge. You must pass the means test, which compares your income to the median income in South Carolina for your household size. If your income is below the median, you generally may have access to for Chapter 7. If it is above, you may still may have access to, but the calculation is more complex.

Chapter 13 bankruptcy creates a three- to five-year repayment plan where you pay back a portion of your debts through monthly payments to the trustee. Chapter 13 does not require passing the means test, and it allows you to keep property you might lose in Chapter 7, such as a second vehicle or a house you are behind on. Your attorney helps you understand which chapter fits your situation and what happens to your specific debts and assets under each option.

What happens after you file

Once your bankruptcy petition is filed, an automatic stay goes into effect immediately. This means creditors must stop collection calls, lawsuits, wage garnishments, and foreclosure proceedings. The stay gives you breathing room and is one of the most immediate benefits of filing.

You will receive a notice of your meeting with the trustee, usually scheduled 21 to 40 days after filing. Your attorney prepares you for this meeting and attends with you. In Chapter 7, the trustee reviews your assets to see if anything can be sold to pay creditors. In Chapter 13, the trustee collects your monthly plan payments and distributes them to creditors. After the meeting, your case moves toward discharge, though the timeline depends on which chapter you filed under and whether any creditors object to your discharge.

Frequently Asked Questions

Do I have to hire an attorney to file for bankruptcy?

No, you can file without an attorney, but bankruptcy is complex and mistakes can be costly. An attorney helps ensure your paperwork is correct, protects your rights, and represents you in court. Many people find that the cost of an attorney is worth the protection and guidance.

What is the difference between Chapter 7 and Chapter 13?

Chapter 7 discharges most unsecured debts and typically takes three to six months. Chapter 13 creates a repayment plan lasting three to five years. Chapter 7 requires passing a means test based on your income; Chapter 13 does not. Your attorney helps determine which chapter fits your situation.

Will bankruptcy stop my foreclosure?

The automatic stay stops foreclosure immediately when you file. In Chapter 7, the stay is temporary; in Chapter 13, a repayment plan can allow you to catch up on missed payments and keep your home. Your attorney can explain how bankruptcy affects your specific mortgage situation.

How much does it cost to hire a bankruptcy attorney?

Fees vary by firm and case complexity. Chapter 7 cases typically cost less than Chapter 13. Many attorneys offer free initial consultations and allow you to pay fees through a Chapter 13 plan. Ask for a written fee agreement that details all costs.

How long does bankruptcy 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.