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D. Nathan Davis

  • Bankruptcy, Business Law, Real Estate Law ...
  • South Carolina
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Biography

Born in Charleston, South Carolina, I have been helping people with financial problems, financial planning and creditor abuse matters for over 40 years. My goal is to have my clients in better shape when their legal matter is concluded than when it bagan.

Practice Areas
Bankruptcy
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Consumer Law
Class Action, Lemon Law
Collections
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Fees
  • Free Consultation
    I meet with you for up to 1 hour at no charge. I often find that I cannot handle a matter and refer you to an attorney I would use if I had the same legal problem.
  • Contingent Fees
    Not all cases are suitable for contingent fee representation.
  • Rates, Retainers and Additional Information
    You will be responsible for costs and expenses even if I take your case on a contingent fee basis.
Jurisdictions Admitted to Practice
South Carolina
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4th Circuit
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Education
University of South Carolina School of Law
Juris Doctor (1975)
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Professional Associations
National Association of Consumer Bankruptcy Attorneys
member
- Current
Activities: participate in forums on national issues.
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South Carolina State Bar
Member
- Current
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Websites & Blogs
Blog
Legal Answers
60 Questions Answered
Q. Do I have to pay for fraudulent utility accounts in my name in SC?
A: Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to convince the electric company that this not your bill.

Ask for the service address so you can confirm that the service was to your property. People tell the power company a lot of crap to try and get out of paying the bill. The fact is that you have been harmed, and now you have to fight to prove you are not responsible. The person doing this is probably someone who has no assets, and suing them is a waste of time even if they are still at the service location.

File a complaint with the SC Department of Consumer Affairs.

No, you do not have to pay a bill you did not approve, but expect a long and hard fight to correct the information.

Good luck and fight hard.
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Q. How to cancel annuity signed without authorization in SC?
A: I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.

How was the money moved to the annuity if your mother did not sign for the transfer? There had to be signatures to take out the money.

If you are correct, the agent violated the law by forging your mother's signature, and you can file a complaint with the licensing agency that licensed the agent. If your mother suffers loss, she has a cause of action against the agent and the company he worked for.
Q. Which homestead exemption should I use in SC for Chapter 7?
A: I do not know where the 40 months you are claiming are required are coming from. I have practiced bankruptcy law in SC for many years and have never seen such an issue. I assume you are trying to file by yourself without an attorney. I would advise that you talk with an attorney and hire him or her to advise you and to prepare the paperwork.

It appears that you have been in SC for the greater part of 180 days before filing, so you will have to file in SC. You will have to use the SC exemptions, as SC opted out of the Federal exemptions, and those are not available for use. You need to look at 15-41-30, which sets forth the amount of property that is exempt from attachment, levy, or sale. Most of the amounts are adjusted every three years and are much higher than the amount shown in the statute.

It may seem simple to file a bankruptcy case, but I assure you that there are lots of issues that you do not understand.

Anything that you own is subject to being taken, including clothes, household goods, guns, or sporting goods.
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Contact & Map
1470 Tobias Gadson Blvd, Ste. 202
1470 Tobias Gadson Blvd, Ste. 202
CHARLESTON, SC 29407
US
Telephone: (843) 571-4042
Fax: (888) 821-9444