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 […]
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, […]
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 […]
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 […]
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. […]
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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