Jeffrey B. Kelly Esq.

Chapter 13 is a great tool for stopping foreclosures, repossessions, garnishments and best of all…..those pesky creditor phone calls. Many people like to refer to Chapter 13 as the “catch your breath provision” of the bankruptcy code. In contrast to Chapter 13, Chapter 7 helps people wipe out all of their debt and get a new fresh start.

This is the worst economy our nation has experienced since the 1930′s.  Many people are suffering through no fault of their own.  For some, it is a recent loss of job.  For others, it’s medical, divorce, death of a family member, or some other event that came from nowhere.  When I was sixteen, my father passed away.  It took six months before the life insurance policy paid.  For my mother and me, this was a long six months.  I can still remember that day I came home from school and discovered that our electricity had been turned off.  I empathize with people who are going through tough times.  Sometimes bad things happen to good people.  It is not your fault.

I hope you will explore my website and please feel free to email me or call me at 888-832-8249 with any questions you may have.  If you fill out your name and email address in the box on the right side of this page, I will email you information on how the bankruptcy process works and some pitfalls to avoid.  If you would like to save some time on your case preparation, you can print and fill out the questionnaire before you come in.  If you click on the link below, it will open a PDF version of the questionnaire.  Otherwise, we will fill all of the paperwork for you.

Call my office today at 888-832-8249 for your free consultation. I would like to sit down with you and review your entire economic situation to see if we can come up with a plan that works for you.

Sincerely,

Jeff Kelly

Click Here if you would like to fill out the questionnaire before your appointment.

Click here for Top Ten Myths About Bankruptcy

Other Posts:

1. What is Chapter 13?

2. What is Chapter 7?

3. How much does it cost to file?

4.  Stop Garnishment

5.  Stop Foreclosure

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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 you can keep the collateral. Why would you ever want to reaffirm a car lease?  Many Georgia consumers don’t realize how much money they are going to have to pay the car company at the end of the lease because of the fees for going over the mileage limits.  Any person who is considering reaffirming a car lease should review the lease carefully with their bankruptcy attorney and try to make an estimate of how much money you will have to pay the car creditor at the end of the lease.

A car lease deal usually starts with a buyer walking onto the car lot dreaming about some luxury vehicle.  You look and the shiny exterior and wonder in amazement as to how anyone could have designed such a beautiful car.  You open the car door and smell the leather.  You sit in the driver’s seat and feel comfort like you have never felt in any other car.  Then, you put your hands on the wheel and imagine yourself driving fast on the Georgia mountain roads with the top down.  Next, you get out of the car and look at the price tag.  Reality slaps you across the face and steals your dream.  But wait!  Here comes the car salesman!  So what if you can’t afford to “buy” the car.  You can “lease” it and drive it home today.

Ask yourself this question, “If they won’t let you buy the car because you can’t afford it, why would they let you lease it?”  The short answer is that they get to take advantage of you when you get suckered into a lease.

Chapter 7 bankruptcy is the time to get free.  It is not the time to put debt shackles on your hands and feet.  Don’t reaffirm the car lease!

Other Posts:

1. What is Chapter 13?

2. What is Chapter 7?

3. How much does it cost to file?

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Chapter 13 – Can I Keep Paying for My Child’s College Education?

08.29.2010

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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What Is A FIFA (writ of fieri facias) and How Can I Get Rid Of It in Bankruptcy?

08.25.2010

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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Bankruptcy – Can I Keep a Credit Card After I File?

08.22.2010

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

08.19.2010

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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Bankruptcy – Should Someone on Social Security File?

08.15.2010

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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Bankruptcy – Wipe Out Debt Owed on Timeshares

08.11.2010

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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Bankruptcy – Will I Keep My 401k If I File In Georgia?

08.09.2010

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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Bankruptcy – Will I Keep My Car If I File In Georgia?

08.04.2010

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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Bankruptcy – Can I Get Out of My Lease By Filing?

08.01.2010

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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Supreme Court: Exemptions Protect You Only Up To The Value You Claim

07.29.2010

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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Chapter 13 – Is There A Difference Between A Garnishment And An EDO?

07.25.2010

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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Bankruptcy- Can I Keep My Furniture If I File in Georgia?

07.22.2010

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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Credit Card Scam – Sounds Too Good To Be True?

07.18.2010

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 Bankruptcy – What Happens?

07.14.2010

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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Bankruptcy Means Test – Harsh Results Might Be Reduced by Supreme Court Decision

07.11.2010

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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Bankruptcy – How Long Does It Take To Get My Case Filed?

07.08.2010

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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Chapter 7 Bankruptcy – What is a Reaffirmation Agreement

07.04.2010

In a Chapter 7 bankruptcy, a reaffirmation agreement is basically a contract between you and your creditor that states that you agree to to treat that specific debt as if you have never filed bankruptcy. If you sign a reaffirmation agreement and then fail to pay that creditor, they can sue you and garnish your [...]

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Bankruptcy – Can I File If I Own a Life Estate?

07.01.2010

Anyone who owns a life estate can file bankruptcy.  However, there is a risk of losing the ownership of the life estate when you file Chapter 7 if the life estate is worth more than you are allowed to exempt in Georgia.  In contrast, you may be able to protect the life estate in a [...]

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Cash Exemption in Georgia Bankruptcy Cases

06.27.2010

The cash exemption is often a major consideration for Georgia consumers who are considering filing for bankruptcy.  Especially during tax refund season, I often have clients who will ask, “How much of the cash in my bank account can I keep if I file bankruptcy?” In Georgia bankruptcy cases, the answer to this question is [...]

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Bankruptcy – Can I Keep My Tax Refund If I File?

06.25.2010

When I meet with clients from the Northwest Georgia area, one of the first questions I usually get is, “Can I keep my tax refund if I file bankruptcy?”  For some, the answer is yes and for others, the answer is no.   Most people have plans for how they are going to spend those [...]

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Mortgage Company Regulation Bill Working its way through Congress

06.23.2010

The Wall Street Journal recently reported on a mortgage company regulation bill that is working its way through Congress (Click here to read the article).  The Journal reports that mortgage companies are lobbying Congress to “soften a series of provisions that reshape how most Americans obtain home loans.” The bill proposes: 1.  To require lenders [...]

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Bankruptcy – Can’t Incur Debt with the Intent of Discharging it

06.21.2010

I have friends who buy into this myth that people who file bankruptcy go out and run up their credit cards right before filing.  The truth is that almost no one does this and those few that do end up paying it all back. In a Chapter 7 bankruptcy, you cannot incur debt with the [...]

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Chapter 13 – What is an Objection to Confirmation?

06.20.2010

In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing.  I advise all of clients in the Northern District of Georgia to try not [...]

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Chapter 13 Bankruptcy- Can I File in Georgia If I am Unemployed?

06.16.2010

Yes, you can file a Chapter 13 bankruptcy in Georgia even if you are unemployed as long as you are receiving unemployment income. If you have zero income, you obviously won’t be able to file a Chapter 13 bankruptcy. A great place to search for jobs for free in the Northwest Georgia area is craigslist. [...]

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After Bankruptcy – When Do I Have To Move Out of My House?

06.11.2010

After Bankruptcy, many clients wonder how fast they will have to move out of the house in cases where it is the intention of the debtor to surrender the house. In the Northwest Georgia area, it can be difficult to find the right place to rent. No one wants to rush out and sign a [...]

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Bankruptcy and Divorce Orders

06.09.2010

Bankruptcy often follows divorce. I recently met with a bankruptcy client in my Rome GA office who went through a nasty divorce proceeding about two years ago. The judge in the divorce case ordered my client to sign his interest in a house with equity over to his now ex-wife. His ex-wife and his four [...]

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What is a Motion for Relief from the Automatic Stay in Bankruptcy?

06.05.2010

A Motion for Relief from the automatic stay is basically a request from a creditor to the Bankruptcy Court for permission to take back collateral.  Motions for Relief are set down for hearings before the Bankruptcy Court.  In Northwest Georgia, these hearings are held at the Federal Building in downtown Rome GA.  Debtors and their [...]

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Chapter 13 – Mortgage Company Won’t Accept My Payments

06.03.2010

When you are in a Chapter 13 bankruptcy and the mortgage company refuses to accept your mortgage payment, you need to call my office and set up an appointment with me as soon as you can.  We must make sure that your mortgage payment is accepted. Sometimes, when a person files a Chapter 13 bankruptcy, [...]

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