Category Archives: Ch 13

The Different Types of Bankruptcy

A little over a hundred years ago, Supreme Court Justice John Clark McReynolds laid out the intent and purpose of the then-new Bankruptcy Code in Williams v. U.S. Fidelity Guarantee Company (1915): “It is the purpose of the Bankrupt Act to convert the assets of the bankrupt into cash for distribution among creditors, and then […]

Financial Troubles? When to File Bankruptcy

Bankruptcy filing rates are down overall, but four Georgia counties are among the top ten in the nation in terms of consumer bankruptcy filings. With 1,096 bankruptcy filings per 100,000 people, Clayton County (Jonesboro) is second only to Shelby County in Tennessee. The recession hit folks in Clayton County hard, as unemployment peaked at 13.5 […]

The Tide Has Turned Against Collectors in Bankruptcy

“A deluge has swept through U.S. bankruptcy courts of late.  Consumer debt buyers – armed with hundreds of delinquent accounts purchased from creditors – are filing proofs of claim on debts deemed unenforceable under state statutes of limitations,” writes Judge Richard Goldberg in Crawford v. LVNV Funding LLC, et al (11th Circuit 7/10/14). For years, […]

Do I Make Too Much To File Chapter 13 Bankruptcy?

I recently spoke to a potential client who said to me, “Hey Jeff, I need to cancel my appointment with you tomorrow because my friend told me that I make too much to file bankruptcy.” “Is your friend a bankruptcy attorney?” I asked. “No.”  He responded. Until a qualified bankruptcy attorney completely reviews your entire […]

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