There is no question that a bankruptcy filing – either under Chapter 7 or Chapter 13 – can provide relief from creditor harassment. Bankruptcy can prevent garnishments , foreclosures, repossessions and collection calls. However, some...
Read moreBANKRUPTCY EXEMPTIONS: WHAT CAN I PROTECT WHEN I FILE MY CHAPTER 7 BANKRUPTCY CASE IN GEORGIA?
A common concern among individuals filing for a Chapter 7 bankruptcy is that they may lose some of their property to the bankruptcy “estate”. The bankruptcy estate consists of property that the debtor owns at the date of filing, and in some...
Read moreReaffirmation Agreements In Chapter 7 Cases: What it means for the Debtor
Chapter 7 bankruptcy allows a consumer to eliminate (“discharge”) their unsecured debt, subject to certain exceptions. [1] With respect to a secured debt, such as a home mortgage or auto loan, the consumer has three options. The first option is...
Read moreRECENT BANKRUPTCY COURT OBSERVATIONS
In the process of representing hundreds of clients in Bankruptcy Court – both in Georgia and South Carolina – I have had the opportunity to witness thousands of bankruptcy hearings where debtors were questioned under oath about their finances. ...
Read moreResidential Foreclosure: When it May Make Sense to Just Walk Away
Recent news about housing has been positive, as foreclosures have decreased in comparison to recent years. There are many possible reasons for the reversal of the trend, and many individuals and entities that want to take credit. But this blog...
Read moreStudent Loans and Collection Agencies: A Match Not Made in Heaven
This site has already addressed several issues with respect to student loans, and collection agencies. However, a greater portion of student loan lenders are now utilizing private collection agencies to recover on defaulted student loan debt. ...
Read moreWhat to Expect on Your First Visit to a Bankruptcy Attorney
Meeting with a complete stranger to discuss sensitive financial issues can be awkward and emotionally distressing. Many of my clients from the CSRA have told me how they had to “work up their nerve” to make the first phone call to our office. ...
Read moreSigns That Your Small Business Might Be Headed for Bankruptcy
A previous blog addressed the warning signs for consumers who may be headed down the road towards bankruptcy. Small business owners are traditionally more reluctant to consider bankruptcy, as their business is not just a source...
Read moreCOMMONS REASONS WHY YOU MAY HAVE RECEIVED A BANKRUPTCY NOTICE
When a bankruptcy case is filed, the Clerk of Bankruptcy Court mails a notice of commencement to the Debtor (bankrupt), the Debtor’s attorney, the creditors of the Debtor, as well as other “parties in interest”. With the proliferation of...
Read moreWhite House Urges Congress to Address Treatment of Student Loan Debt in Bankruptcy
Acknowledging concerns by the public about the growing amount of student loan debt, the White House is urging Congress to reconsider the treatment of student loan debt in bankruptcy cases. To understand the importance of this...
Read moreRelief Available for Distressed Homeowners
RELIEF AVAILABLE FOR SOME DISTRESSED HOMEOWNERS UNDER SETTLEMENT EXECUTED WITH UNITED STATES ATTORNEY GENERAL AND UNITED STATES TRUSTEE PROGRAM After years of investigation into abusive mortgage practices of certain lenders by the United States...
Read moreWhen Should You Consider Filing for Bankruptcy?
This is a common question that I am asked, sometimes by potential clients, but more often by friends and family of individuals who are in financial trouble, but don’t know at what point it is appropriate to make the recommendation to meet with a...
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