The Wall Street Journal recently reported an update on mortgage aid from the federal government (see WSJ article). The article reports that the Obama administration “will launch its most ambitious effort at reducing mortgage balances for homeowners who owe more than their homes are worth.” Federal government officials estimate that between 500,000 and 1.5 million […]
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When you file Chapter 7 bankruptcy in Georgia, I don’t think you should ever reaffirm a car lease. Chapter 7 bankruptcy gives you the chance to be free from your debt. When you reaffirm a debt, you basically agree to treat to the debt as if you have never filed bankruptcy against it so that
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In a Chapter 13 bankruptcy in Northwest Georgia, you can keep paying for your child’s college education if you are in a 100 percent plan. A 100 percent Chapter 13 bankruptcy plan means that you are paying all of your creditors back. However, there are exceptions to every general rule. I recently met with some
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A writ of FI FA (writ of fieri facias) is a document that is issued by your local county clerk’s office for the purpose of recording a lien on your house after a creditor obtains a judgment against you. In addition to putting a lien on your house, a Fi Fa can be used to
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As a general rule, you cannot keep a credit card after you file bankruptcy. I meet with clients from Dalton, Rome, Cartersville, Hiram and Dallas Georgia who will ask, “Why can’t I keep just one credit card for emergency situations?” When you first meet with your bankruptcy attorney, tell him about every single credit card
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Bankruptcy and assets of parents is usually never an issue. However, every now and then, we come across a case where the parent was too cheap to use an estate planning attorney and decided to put their life savings in the name of their child. When a person files for bankruptcy and later finds out
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As a general rule, filing bankruptcy is not the best option for a person whose single source of income is social security. As with any general rule, there are exceptions. Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from being garnished by ordinary creditors. Why would you want to
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Filing bankruptcy to wipe out debt owed on timeshares can be tricky. Eliminating the mortgage owed on a timeshare in bankruptcy is not a problem. The problem is the maintenance fees which can be extremely high in some cases. I meet with clients all the time from Rome, Dalton, Calhoun, Dallas, Douglasville, Hiram and Cartersville
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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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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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