Bankruptcy

File Bankruptcy if You are not Broke? Maybe Not Such a Crazy Idea

Posted on April 15, 2013
The Atlanta Journal Constitution ran a front page story on Sunday, April 14 entitled More than 40% of Georgia Homes Underwater.  The AJC reporter notes that ?there?s not another metro area in the United States with as many concentrated pockets [...]The post File Bankruptcy if You are not Broke? Maybe Not Such a Crazy Idea appeared first on theBKBlog.

Home Foreclosed? Here?s What Happens Next

Posted on April 08, 2013
Georgia foreclosure law allows lenders to start and complete the mortgage foreclosure process in as little as 37 days.  This means that just over a month from the start date of the foreclosure, you may lose all title interest in [...]The post Home Foreclosed? Here’s What Happens Next appeared first on theBKBlog.

Troublesome Transfers Disrupt Bankruptcy Planning

Posted on March 19, 2013
One of the more frustrating parts of bankruptcy practice occurs when I have to tell a prospective client that he cannot file because he recently transferred property out of his name in an attempt to protect that property from creditors.  [...]The post Troublesome Transfers Disrupt Bankruptcy Planning appeared first on theBKBlog.

Bank Won?t Talk to You Now that You have Filed Bankruptcy ? Here?s a Solution

Posted on March 13, 2013
Mortgage companies and banks often put you on a ?no communication? list after you file bankruptcy.  Your on-line access log-in may stop working, you will no longer receive loan statements, and when you call customer service you may be told [...]The post Bank Won?t Talk to You Now that You have Filed Bankruptcy – Here?s a Solution appeared first on theBKBlog.

To access this complete feed in the blog feed reader login or register for free.

Unfiled Tax Returns and Chapter 13

Posted on March 06, 2013
Chapter 13 bankruptcy cases filed in the Northern District of Georgia cannot be confirmed by the bankruptcy court judge if the IRS or State of Georgia files documentation reporting unfiled tax returns.  The reason?  If you have unfiled tax returns, [...

Chapter 13 Bankruptcy Fraud Case Reaches 11th Circuit Court of Appeals: Why You Should Care

Posted on February 14, 2013
Earlier this week, the 11th Circuit Court of Appeals issued a ruling in the bankruptcy fraud case of United States v. Turner. Here are the relevant facts: Mr. Turner owned a parcel of rental property that was destroyed by fire. [...]The post Chapter 13 Bankruptcy Fraud Case Reaches 11th Circuit Court of Appeals: Why You Should Care appeared first on theBKBlog.

Pay Your Mortgage After You File Chapter 13 if You Want to Keep Your House

Posted on January 08, 2013
In my latest Bankruptcy Law Network post, I talk about a Chapter 13 debtor’s obligations after his case is filed.  In this video I talk more specifically about a Chapter 13 filer’s obligation to make his on-going mortgage payments, on [.....

How to Create a Trustee Friendly Bankruptcy Budget

Posted on December 31, 2012
How to Avoid Problems When Filing a Bankruptcy Case Budget from Jonathan Ginsberg on Vimeo. One of the most important tasks you will be asked to complete relates to the budget you file in your bankruptcy case.   Your bankruptcy [...]The post How to Create a Trustee Friendly Bankruptcy Budget appeared first on theBKBlog.

Public Bankruptcy Filings may Help Your Cause in a Divorce Battle

Posted on December 18, 2012
Zsa Zsa Gabor, a 1950′s movie star known for her 8 marriages, once remarked, ?I?m an excellent housekeeper.  Every time I get a divorce, I keep the house.?  Most people, of course, do not find divorce much of a laughing [...]The post Public Bankruptcy Filings may Help Your Cause in a Divorce Battle appeared first on theBKBlog.

Georgia Homeowners Should Not Assume that Mortgage Lenders will Negotiate in Good Faith

Posted on December 03, 2012
The Atlanta newspaper ran a story this weekend about a Mableton woman who found herself facing an eviction notice following a foreclosure even though her mortgage loan account had been accepted into Georgia’s HomeSafe program. The HomeSafe program is a [...

Social Security Disability Payees Now Eligible for Discharge of Student Loans

Posted on November 20, 2012
In an about face from former policy the U.S. Department of Education has released new regulations, effective on July 1, 2013, which state that a student loan borrower’s repayment obligations may be discharged if that borrower has been found totally [...

When Bankruptcy Makes More Sense than Struggling to Pay Off Debt

Posted on November 13, 2012
I want to challenge the conventional wisdom that filing bankruptcy should be considered a last resort. Does that sound self serving coming from a bankruptcy lawyer? Maybe. But consider this table: Balance monthly payment time to payoff interest rate total [...

Debts that Arise from Personal Disputes are Often Trouble in Bankruptcy Court

Posted on November 01, 2012
When I meet with a new client, I am always on alert for certain types of debts that I know will be trouble.  Sometime the trouble factor is so great that I advise my client not to file.Read more on Debts that Arise from Personal Disputes are Often Trouble in Bankruptcy Court…The post Debts that Arise from Personal Disputes are Often Trouble in Bankruptcy Court appeared first on theBKBlog.

Senior Citizens and Bankruptcy: Special Considerations

Posted on October 19, 2012
Over the past few months, Susan Blum and I have been meeting with an increasing number of senior citizens and others on fixed incomes who are considering bankruptcy because of significant credit card debt.More on Senior Citizens and Bankruptcy: Special ConsiderationsThe post Senior Citizens and Bankruptcy: Special Considerations appeared first on theBKBlog.

Don?t Forget that You have Payment Obligations in Chapter 13

Posted on September 30, 2012
Chapter 13 can transform an upside down budget into one where your income equals your outflow, and it can reduce your total debt, sometimes by thousands of dollars.Chapter 13 only works, however, if you pay what you are required to pay by your Chapter 13 plan...

Never Ignore a Lawsuit that is Served on You

Posted on September 10, 2012
Last week, my secretary left me a message that read as follows:John Smith called about a possible illegal wage garnishment.  He says that his employer notified him that his wages will be garnished by a credit card company that had never sued him and that he has not heard from in over 10 years...

Car Titles and Chapter 13

Posted on August 19, 2012
An issue that that seems to arise in more and more Chapter 13 cases has to do with the release of car titles.  Even when the vehicle lender has been paid in full in the Chapter 13, there seems to always be a delay or problem getting the vehicle title released back to my client...

Social Security Disability Lump Sum Excluded from Bankruptcy Estate?

Posted on August 06, 2012
My Bankruptcy Law Network colleague Craig Andresen has written about a very interesting federal appeals court case which holds that a lump sum payment from Social Security representing past due disability benefits are excluded from one?s bankruptcy estate by virtue of Section 407 of the Social Security Act...

Beware Fake Debt Collectors Using the Phone to Demand Payment for Phony Debts

Posted on June 30, 2012
ABC News has recently run several stories about fake debt collectors from India posing as police officers to collect phony debts from vulnerable Americans.  The ABC video, which you can view by clicking on the link, contains audio recordings of illegal activity – debt collectors threatening their victims with imprisonment and public embarrassment...

Debt Collectors Lurking in Hospital Waiting Rooms?

Posted on June 14, 2012
A recent article in The New York Times caught my eye.The tactics, like embedding debt collectors as employees in emergency rooms and demanding that patients pay before receiving treatment, were outlined in hundreds of company documents released by the attorney general...

Bankruptcy as a ?Safety Valve? for the U.S. Economy

Posted on June 01, 2012
I recently read an academic working paper from three professors that provided quite a bit of support for things I (and my bankruptcy-practicing colleagues) have long suspected. It?s one of those papers that are probably initially of interest only to bankruptcy law practitioners and economists, which is a shame, since it contains some very intriguing research on aspects of bankruptcy that lots of folks would find interesting...

Why Should There be a Social Stigma Against Filing for Bankruptcy?

Posted on May 21, 2012
Carmen Dellutri, one of my Bankruptcy Law Network colleagues from Florida, featured a post on his blog, the Florida Bankruptcy Lawyer Blog, by associate Joe LoTempio last month that really resonated with me, as it gets to the emotional heart of many of my clients? fears about filing for bankruptcy:More on Why Should There be a Social Stigma Against Filing for Bankruptcy?

Finally ? Some Good New for Georgia Bankruptcy Filers

Posted on May 06, 2012
Within the last few weeks, there have been two favorable developments for Georgia bankruptcy filers.  First, as of May 1, 2012, the median income tables for Georgia families has been adjusted upwards, reversing a longstanding trend.  Second, on May 2, 2012, Georgia Governor Nathan Deal signed Senate Bill 117 which raised the Georgia homestead exemption from $10,000 to $21,500...

Even the Rich and Famous Sometimes file Bankruptcy

Posted on April 22, 2012
Just about everyone acknowledges that the economy has been rough for the last couple of years. Bankruptcies are being filed more than ever, and nearly everyone knows someone going through the process. It may surprise you to learn that filing for bankruptcy is something that even happens among the rich and famous...

How Chapter 7 Can Help You Pay Your Non-dischargeable Student Loans

Posted on April 15, 2012
In my last post, I argued that the current Bankruptcy Code standard for discharging student loans is unduly harsh and burdensome.   Currently student loan debt – and this includes private student loans, government backed student loans, parent incurred loans, and loans paid to schools that have closed down before the student received training or a degree – may not be discharged in bankruptcy unless the debtor can show “undue hardship...

Should Student Loan Debt Once Again Be Dischargeable in Bankruptcy?

Posted on April 12, 2012
Last week, an editor at the Atlanta Journal Constitution contacted me to ask if I would write a guest editorial about student loans and bankruptcy.  Here is a slightly enhanced version of my editorial.  Click on the link to view the original online version of the articleMore on Should Student Loan Debt Once Again Be Dischargeable in Bankruptcy?

Can I Pay my Taxes with a Credit Card, then File Bankruptcy to Discharge the Debt?

Posted on March 29, 2012
With April 15 just around the corner, many of us will be scrambling to come up with money to pay Uncle Sam.  For those who are self employed, estimated tax liability payments are due every quarter.  The IRS does allow you to pay your tax debt with a credit card, but you can expect to pay a ?convenience fee? of around 2% of the amount charged...

Payday Loans Banned in Georgia? Not So Fast?.

Posted on March 21, 2012
In 2004 the Georgia legislature passed legislation that was designed to outlaw ?payday lending? – the practice of finance companies making high interest short term loans of a few hundred or a few thousand dollars.  According to the Georgia Department of Banking and Finance, a payday loan involves the practice of using a post-dated check or electronic checking account access to repay the loan...

Chapter 13 Trustees Looking to Squeeze Every Last Dime from Debtors

Posted on March 15, 2012
Over the past couple of years I have noted an unsettling trend in my Chapter 13 cases.  Trustees in the Northern District of Georgia are scrutinizing budgets line by line and are objecting to budget items in an attempt to force debtors to increase their trustee payments...

Will Recent Use of Credit Cards for Necessities Like Food and Clothing Prevent me from Filing Bankruptcy?

Posted on January 16, 2012
There is no perfect time to file for bankruptcy.  Ideally, you should wait to file at a point when you have not touched your credit cards for several months and your credit card charges over the past year have not taken a big jump.  Further there is less chance that you will face any objection if you have made at least the minimum payment over the past 6 months or longer...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.