The automatic stay is an injunction against against the continuance of any legal action against a debtor or the debtor’s property. 11 U.S.C. 362. The automatic stay protects a debtor from harassing collection calls, repossessions, foreclosure sales, and garnishment of wages. The protection from the automatic stay starts as soon as the debtor gets a […]
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The foreclosure crisis was supposed to end with help from the federal government. Consumer Bankruptcy News reports in the May 6, 2010 issue that the response of the federal government to the mortgage crisis is too slow. The article reports that is has “been more than one year since President Obama announced the establishment of
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Just because you file a Chapter 13 or a Chapter 7 bankruptcy does not mean that you can’t have a bank account in Georgia. However, if you have no bank account at all before your case is filed, it is possible that you may have difficulty opening a new one after bankruptcy. When you file,
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A person cannot wipe out payroll taxes in Chapter 13 or Chapter 7. Payroll taxes are not considered property of the business. The business is considered to have held the payroll taxes in trust for the government. Failure to pay payroll taxes will be treated as a nondischargeable debt. Using payroll tax money for any
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You must take a credit counseling class before you file any Chapter 13 or a Chapter 7 bankruptcy. If any person files a Chapter 13 or Chapter 7 bankruptcy without having first completed a United States Trustee certified Credit Counseling Class, the case will be subject to dismissal. It is absolutely imperative that the class
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You can stop a student loan garnishment in a Chapter 13 if you plan on paying the entire student loan through your Chapter 13 plan. With few exceptions, student loans cannot be wiped out in a Chapter 13 or a Chapter 7 bankruptcy. In addition to being protected from being wiped out in bankruptcy, the
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If you are in a Chapter 13 case in the Northern District of Georgia, you can dismiss your case at any time. Your attorney will file a document with the court called a voluntary dismissal. Personally, I think it is a terrible idea in most cases to voluntarily dismiss a Chapter 13 bankruptcy. First, you
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Chapter 13 and Chapter 7 bankruptcy might be a great solution for you to end your bill problems. Call today at 888-832-8249 for your free consultation. I would like to sit down with you and review your entire economic situation. Let’s see if we can come up with plan that works for you.
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You can eliminate a second mortgage in a Chapter 13. You need to get an appraisal on your property before you file the case. Your property must be worth less than what you owe on the first mortgage in order to eliminate the second mortgage in your chapter 13.
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I recently spoke with a client in my Rome GA office who surrendered their house in Chapter 13 bankruptcy last year. About six months into their Chapter 13 bankruptcy, they converted to a Chapter 7 bankruptcy. This past week, they received a 1099A from their mortgage company showing that the debt was forgiven and suggested
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