When you file bankruptcy in Georgia, you will most likely keep all of your 401k retirement. I have been practicing consumer bankruptcy law since 1998 and I’ve never seen any debtors lose any of their 401k after they filed bankruptcy in Georgia. I meet with clients all the time from Dallas, Rome, Cartersville, Hiram, Douglasville, […]
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Will you be able to keep your car after you file bankruptcy in Georgia? The answer to this question depends on what type of bankruptcy case you file and the specific facts of your case. Lets start with Chapter 13 bankruptcy. If you owe money on car and we file a Chapter 13, the balance
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Filing bankruptcy in Georgia can get you out of your lease (see section 365 of the Bankruptcy Code). The only way you can be held liable in Georgia for a lease after you file for bankruptcy is if you specifically assume the lease in writing after your case is filed. If you continue to occupy
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In Schwab v. Reilly, the Supreme Court has ruled that bankruptcy debtors are protected only up the value they claim exempt in their bankruptcy petitions. A divided Supreme Court ruled that bankruptcy debtors do not exempt the full amount of an asset by claiming an exemption equal to the full scheduled value of the asset.
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A Chapter 13 EDO is much different than a state ordered garnishment of your wages. EDO is an abbreviation for an Employer Deduction Order which is a signed order by a Federal Bankruptcy Judge. In Georgia, the most important difference is the liability for your employer. Under Georgia State Law, if your employer makes an
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As a Georgia bankruptcy attorney, one of the most common questions I hear from potential clients is, “Will I be able to keep my furniture if I file bankruptcy?” In Georgia, the answer to this question in almost every case is yes. The exemption law in Georgia for furniture states that any bankruptcy debtor may
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The reason the credit card scam letter you received in the mail sounds too good to be true is because it is too good to be true. The letter falsely states that is is a “Balance Reduction Notification.” The truth is there is no government funded program that will pay for your credit card debt.
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Getting divorced during a bankruptcy presents major ethical considerations for your Georgia bankruptcy attorney when a husband and wife file a case together (See Georgia Model Rules of Professional Conduct). In an individual case, your Georgia bankruptcy attorney may simply need to file amendment reflecting the loss income of the spouse and a new expense
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Some of the harsh results of the bankruptcy means test might be reduced by the recent Supreme Court decision in Jan Hamilton, Trustee vs. Stephanie Kay Lanning. In this case, the Supreme Court has held that bankruptcy judges don’t have to apply a “mechanical approach” to means testing in Chapter 13 bankruptcy cases. Bankruptcy judges
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In emergency situations, it does not take long to get your bankruptcy case filed. If I have room in my schedule, I can get your Georgia bankruptcy case filed the same day you come into my Rome Office. However, if you have an emergency filing, you need to plan on spending the entire day in
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