Author Archives: Nathan Davis, Esquire

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.

REAFFIRMING DEBTS IN A CHAPTER 7 BANKRUPTCY

Question: What is the quickest and easiest way to get documentation that the mortgage is reaffirmed? My mortgage was in a Chapter 7 and discharged 3 years ago. I never stopped making payments while in the BK. I am looking … Continue reading

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DO I HAVE TO PAY FOR A MISSED APPOINTMENT

Question: Is it legal to be charged money because of a missed appointment? I recently missed a doctors appointment and was told I would be charged $25 for the missed appointment. Is that legal? There is nothing that says you … Continue reading

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WHO HAS USE OF PROPERTY WHEN SOMEONE DIES?

Question: Is it illegal to occupy a house that is in Probate? My mother has died and my brothers are saying that I must move out of the house owned by my Mother. The house is completely paid off and … Continue reading

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WHO INHERITS WHEN PARENT DIES AND THERE IS A STEPPARENT

Question: My mother passed away last month and my stepfather is the surviving spouse. We have not been told of any will or life insurance. We have not had access to her personal items. She did leave us a payable … Continue reading

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CAN I FILE BANKRUPTCY TO GET RID OF CREDIT CARD DEBT?

QUESTION:  I have credit card debt that I cannot pay. I would like to file bankruptcy. I have no personal assets. I need assistance with this process. What is the first step? ANSWER: You need to contact an attorney to … Continue reading

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Question: If I file for bankruptcy, do I have to give up my 401k?

One of the few answers that I can give that is relatively absolute is that a 401k is exempt in a bankruptcy case.  This means that unless there is some type fraud, your 401k is safe from the reaches of … Continue reading

Posted in Chapter 11, Chapter 13 Bankruptcy, Chapter 13 Bankruptcy Plan, Chapter 7, Creditor Seizing of Assets, EXEMPTIONS | Leave a comment