News
Due to circumstances resulting from the COVID-19 pandemic and the national emergency declaration, the Department of Homeland Security (“DHS”) has determined that states require an additional 12-month delay. Therefore, DHS has extended the REAL ID enforcement deadline from October 1, 2020 to October 1, 2021.
Please refer to Ingram Law Firm’s recent post about “REAL IDs” and birth certificates.
In light of the continuing disruptions caused by the COVID-19 outbreak, the Chapter 13 Bankruptcy Trustees are encouraging all Chapter 13 debtors to register with the National Data Center (“NDC”) in order to review posted information concerning the administration of their cases.
Chapter 13 Trustees are required by law to make the following information available through the NDC:
Name, address, case number, state and district in which the case is pending and the trustee assigned to the case.
Information regarding claims filed including the identity of the claimant, the type of claim, and the amount of the claim.
A history of all payments made to the Chapter 13 Trustee in the case, including the date and amount of each payment.
A history of all disbursements made by the Chapter 13 Trustee in the case, including the date of the disbursement, the payee and the amount.
If you are currently in a Chapter 13 bankruptcy case, then you may review, without charge, the information about your case that is posted with the NDC. If you believe any of the information is inaccurate, then you can contact your Trustee to report the error.
In order to sign up, please visit the NDC website (by clicking here). You will need the following information:
an e-mail address,
your full name,
your bankruptcy case number,
last four digits of your Social Security Number,
your Trustee’s name, and
list of your creditors from your bankruptcy case.
The United States Trustee has continued all in-person section 341 meetings scheduled through April 10, 2020. The scheduled meetings may proceed only by telephonic or other means not requiring personal appearance.
All meetings scheduled on March 23, 2020, and until further notice, all future section 341 meetings scheduled in the District of South Carolina will be held by teleconference. Case trustees will communicate necessary details to all debtors’ attorneys.
Additionally, the Bankruptcy Court has directed all parties to anticipate that hearings scheduled for in-court appearances through April 30, 2020, or longer, may be conducted by telephone or videoconference.
We will be contacting all affected clients to provide specific information and instructions.
The United States Bankruptcy Court for the District of South Carolina is monitoring the national response to the Coronavirus Disease (COVID-19) and will be following guidance provided by the Administrative Office of the United States Courts (AO) and the Centers for Disease Control and Prevention (CDC), available here. At this time there are no changes to normal bankruptcy court operations within the District of South Carolina. Any future changes or updates will be posted on the Court’s website and communicated as appropriate.
Please note the following:
If you are required to appear in court and are experiencing any flu-like symptoms, have a fever, or are coughing or sneezing, please contact your attorney before appearing for court or your meeting of creditors.
If you are acting pro se (i.e., without an attorney) and are experiencing similar symptoms, please contact the Clerk’s Office at (803) 765-5436 before appearing for court. For meetings of creditors, please contact the trustee assigned to your case.
If you have recently traveled from an area with widespread COVID-19 contagion and you have symptoms of the disease (fever, cough, or shortness of breath), please contact your healthcare provider for details on how to proceed with proper medical care.
Additional COVID-19 Resources and Updates:
Center for Disease Control and Prevention
South Carolina Department of Health
For general questions about COVID-19, the DHEC Care Line is available at 1-855-472-3432 daily from 8 a.m. to 6 p.m.
Beginning October 1, 2020, your South Carolina driver's license or identification card must have a gold star to show it's a REAL ID in order to use it as your identification to board a domestic, commercial flight, enter a secure federal building, or visit a military installation.
In order to obtain a “REAL ID” from SCDMV, you must present several documents to prove:
your identity,
your Social Security Number,
your current physical address, and
any legal name changes.
Proof of identity requires either a birth certificate or a passport.
Of course, you must submit a copy of your birth certificate in order to obtain a passport. Therefore, if you do not already have a passport, then you should obtain a copy of your birth certificate before applying for a “REAL ID.”
If you were born in South Carolina, then you can obtain a copy of your birth certificate from your local DHEC office. However, some of our clients have encountered one of the following problems with their birth certificate:
Vital Records can find no recorded birth certificate or
the recorded birth certificate contains errors (e.g., misspellings, incorrect date of birth, etc.)
If you encounter one of these problems, then you will most likely need to obtain a court order either establishing a delayed birth certificate or correcting errors in a birth certificate. Although an administrative process exists to correct minor errors, most people cannot satisfy SCDHEC’s stringent requirements.
If you require assistance with these issues, then contact Ingram Law Firm to schedule a free consultation to discuss your options.
Beware of loan modification companies who provide “legal advice” or advise you either to file bankruptcy or not to file bankruptcy. Bankruptcy has helped many people save their home, and a bankruptcy attorney should be consulted before making a decision about whether a bankruptcy filing would be appropriate for you.
However, before coming to speak with us, many of our clients have wasted thousands of dollars paid to con artists and scammers promising to help them “prevent foreclosure” or obtain a “loan modification.”
The United States Treasury Department has issued a consumer advisory listing the following warning signs of a mortgage modification scam:
1. “Pay us $1,000, and we’ll save your home.”
Some legitimate housing counselors may charge small fees, but fees that amount to thousands of dollars are likely a sign of potential fraud — especially if they are charged up-front, before the “counselor” has done any work for you. Be wary of companies that require you to provide a cashier’s check or wire transfer before they take any action on your behalf.
2. “I guarantee I will save your home – trust me.”
Beware of guarantees that a person or company can stop foreclosure and allow you to remain in your house. Unrealistic promises are a sign that the person making them will not consider your particular circumstances and is unlikely to provide services that will actually help you.
3. “Sign over your home, and we’ll let you stay in it.”
Be very suspicious if someone offers to pay your mortgage and rent your home back to you in exchange for transferring title to your home. Signing over the deed to another person gives that person the power to evict you, raise your rent, or sell the house. Although you will no longer own your home, you still will be legally responsible for paying the mortgage on it.
4. “Stop paying your mortgage.”
Do not trust anyone who tells you to stop making payments to your lender and servicer, even if that person says it will be done for you.
5. “If your lender calls, don’t talk to them.”
Your lender should be your first point of contact for negotiating a repayment plan, modification, or short sale. It is vital to your interests to stay in close communication with your lender and servicer, so they understand your circumstances.
6. “Your lender never had the legal authority to make a loan.”
Do not listen to anyone who claims that “secret laws” or “secret information” will be used to eliminate your debt and have your mortgage contract declared invalid. These scammers use sham legal arguments to claim that you are not obligated to pay your mortgage. These arguments don’t work.
7. “Just sign this now; we’ll fill in the blanks later.”
Take the time to read and understand anything you sign. Never let anyone else fill out paperwork for you. Don’t let anyone pressure you into signing anything that you don’t agree with or understand.
8. “Call 1-800-Fed-Loan.”
This may be a scam. Some companies trick borrowers into believing that they are affiliated with or are approved by the government or tell you that you must pay them high fees to qualify for government loan modification programs. Keep in mind that you do not have to pay to participate in legitimate government programs. All you need to do is contact your lender to find out if you qualify.
9. “File for bankruptcy and keep your home.”
Filing bankruptcy only temporarily stops foreclosure. If your mortgage payments are not made, the bankruptcy court will eventually allow your lender to foreclose on your home. Be aware that some scammers will file bankruptcy in your name, without your knowledge, to temporarily stop foreclosure and make it seem as though they have negotiated a new payment agreement with your lender.
10. “Why haven’t you replied to our offer? Do you want to live on the streets?”
High-pressure tactics signal trouble. If someone continually contacts you and pressures you to work with them to stop foreclosure, do not work with that person. Legitimate housing counselors do not conduct business that way.
Chesterfield County residents chose Ingram Law Firm as Best Law Firm and Mark Ingram as Best Lawyer in the 2019 annual “Best of Chesterfield County” edition of the Chesterfield County News & Shopper.
The Shopper is the most widely read newspaper in Chesterfield County that is delivered to more than 12,000 homes every week.
We pride ourselves on providing excellent service to our clients, and we are honored to be recognized. Thank you, Shopper readers!
To receive a free annual credit report, you can visit www.annualcreditreport.com. Alternatively, you can call or send a written request to:
Annual Credit Report Request Service
Post Office Box 105281
Atlanta, GA 30348-5281
877-322-8228
Federal law allows you to get a free copy of your credit report once every 12 months from each credit reporting agency.
If you think there is an error in your credit report and want to correct it, then you must contact the particular credit reporting agency directly:
Equifax: 800-685-1111
Experian: 888-397-3742
TransUnion: 800-916-8800
For more information on disputing credit reporting errors, reestablishing credit, and addressing credit problems, please either:
visit the Federal Trade Commission website or
contact its Bureau of Consumer Protection at 877-382-4357.
A bankruptcy will generally affect your credit rating for 7 to 10 years. However, this depends entirely on the individual credit reporting agency.
Credit reporting agencies are subject to and governed by the Fair Credit Reporting Act, a federal law. However, the Bankruptcy Court does not control the type of information that an agency reports or how long an agency keeps a filing in its records.
It is important to remember that a bankruptcy filing will not help your credit score. However, if you are not able to pay all of your debts as they become due, then delinquent payments, missed payments, and defaults will also have a negative effect on your credit score.
One of our clients received the following letter in the mail from “an account manager with TD Bank Canada.” If you receive one of these letters or something similar, then beware—this is a SCAM.
The portions that are highlighted are traditional hallmarks of a scam. Unfortunately, this is nothing new, and we have seen similar scams in the past. Our best advice is to ignore the “offer.”
If you are entitled to a legitimate inheritance from an actual relative, then you should contact an attorney to assist you, and you should have no need for the “services” of a bank employee.
Attorney Mark K. Ingram has accepted an invitation to join the inaugural class of the J. Bratton Davis Bankruptcy American Inn of Court, a specialty Inn that is focused on bankruptcy practice and honors the legacy of civility and professionalism inspired by the first and longest serving bankruptcy judge of the District of South Carolina, Bratton Davis.
The J. Bratton Davis Inn of Court is a society of judges, lawyers and educators who seek to enhance directly the professional and ethical quality of the legal practice in the federal Bankruptcy Court of the District of South Carolina.
http://www.scb.uscourts.gov/bulletin/judge-waites/1526325146
