Ch 13

Chapter 13 Bankruptcy – Who is the Trustee?

June 27, 2011

In Chapter 13 bankruptcy, who is this mysterious player called the Chapter 13 Trustee? The Chapter 13 Trustee is an attorney who is hired by the United States Bankruptcy Trustee to basically ensure that everyone is playing by the rules. In addition, the Chapter 13 trustee is the person who collects money from the debtor [...]

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Chapter 13 Bankruptcy and Insurance Claims In Georgia

May 5, 2011

Anyone who has an active Chapter 13 bankruptcy must understand that any distribution of insurance proceeds in Georgia must be approved by the Bankruptcy Court.  In April 2011, Northwest Georgia was ravaged by tornadoes.  Many people in Ringgold, Rome, Calhoun and Cave Spring had serious damage to their houses.  Some people lost their home altogether. [...]

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Stop Foreclosure – Don’t Wait Until the Last Second To File Bankruptcy

April 28, 2011

If you want to file Chapter 13 bankruptcy to stop the foreclosure of your home, don’t wait until the last second to file.  If you want to stop the foreclosure, you must understand that there is no guarantee that a law office will have time to squeeze you in at the end of the month.  [...]

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Dalton Chapter 13 Bankruptcy? Attorney Gives 3 Tips For Success

April 26, 2011

During the past few weeks in Dalton, Georgia, I’ve seen an increase in Chapter 13 bankruptcy issues. Perhaps it is the struggle of the Dalton carpet industry that is the source of these bankruptcy issues.  Maybe it is the high unemployment rate in Dalton and the large number of foreclosures that have taken place in [...]

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Chapter 13 Bankruptcy and Future House Payments

April 14, 2011

In every Chapter 13 bankruptcy case, I always stress the importance of making all future house payments directly to the mortgage company.  When house payments that come due after the bankruptcy case gets filed in Northwest Georgia, the trustee may dismiss the case if these monthly payments are missed before confirmation. I have recently had [...]

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Balloon Notes and Chapter 13 Bankruptcy in Georgia

February 6, 2011

Balloon notes can present some serious issues in a Chapter 13 bankruptcy.  As a Georgia bankruptcy attorney, I’ve seen some situations work out and other cases end up serious trouble because of balloon notes. A balloon note is a type of mortgage which does not fully amortize over the life the loan.  Thus, there is [...]

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Chapter 13 Bankruptcy and Loan Modifications of a Mortgage

January 25, 2011

“Can you file Chapter 13 bankruptcy and still obtain a loan modification of your mortgage?” I’ve been fielding this question quite a bit lately. Just the other day, I was speaking with a client in my Dalton office about this topic. The answer is yes. You can obtain a loan modification of your mortgage while [...]

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