Ch 7

Bankruptcy And The Problem With Receiving Christmas Gifts

November 22, 2011

I know this sounds really strange but  a bankruptcy case can get really messed up sometimes because of Christmas gifts. I absolutely love Christmas and I don’t like the Grinch but it is my job to tell you truth about how Christmas can really wreck a case. Let me give you an example. Let’s say [...]

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Bankruptcy – You and Your Attorney Must Carefully Review the Petition

November 15, 2011

Before your bankruptcy case is filed in Northwest Georgia, it is super-important that both you and your attorney carefully review the petition before it is filed.  As a general rule, I spend at least two hours with my clients reviewing the petition before we file anything with the court. If you are ever sitting in [...]

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Chapter 7 Bankruptcy – Can the Trustee Take Away My Income Stream?

November 8, 2011

In a Chapter 7 bankruptcy case, a trustee cannot take away some types of income streams from you that are protected by the Georgia exemption statute. Income streams that are protected by the Georgia exemption statute are: income received from unemployment veteran’s benefits disability benefits payments from a pension or annuity payment from an IRA [...]

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Chapter 7 Bankruptcy – Reaffirming A Car Loan In Northwest Georgia

October 18, 2011

Almost everyone who files Chapter 7 bankruptcy wants to a reaffirm their car.  When you reaffirm a car, you sign an document whereby you agree to treat the car debt as if you had never filed bankruptcy against it.  In some cases, this can be a bad idea. In Northwest Georgia, it is not uncommon [...]

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Chapter 7 – What is the Bankruptcy Trustee Going to Take Away From Me?

September 20, 2011

Almost everyone who files for Chapter 7 has some fear that the trustee is going to take away some important possession.  The truth is that Georgia bankruptcy exemptions protect almost everything that a normal family owns.  However, there are a few exceptions. 1.  Repayment of a loan to a family member- This is the Chapter [...]

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Chapter 7 Bankruptcy and the Nightmare of Future HOA Dues

September 13, 2011

When you file Chapter 7 bankruptcy, you expect to wipe out your debts and get a fresh start.  In some rare cases, HOA (Home Owners’ Association Dues) may prevent this fresh start because post petition HOA dues are not dischargeable. Before the Great Recession, most mortgage companies would foreclose on properties as soon as they [...]

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Chapter 7 Bankruptcy – Who Is The Trustee?

June 14, 2011

Many of my Chapter 7 bankruptcy clients in Northwest Georgia get the Chapter 7 bankruptcy trustee confused with the judge.  At the 341 meeting of creditors, its not uncommon to hear a debtor answer a question with “yes your Honor” even though there is no judge at this hearing. Every single Chapter 7 case filed [...]

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