GA Archives | Jeff Kelly Law Offices

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

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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Filing Bankruptcy- You Must Know the Value of Your House

The purpose of this blog is to give you a rough idea about why you must know the value of your house before you even think about filing bankruptcy in Georgia.  Under Georgia Law, a single person can exempt a maximum of $10,600 of equity in their house when they are filing either Chapter 13

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Debt Management Company Scare Tactics About Bankruptcy

I recently spoke with a client who was the victim of Debt Management Company Scare Tactics.  After I met with this client and confirmed that the qualifies for Chapter 7, he went home and called his Debt Management Company and asked that they stop deducting money from his checking account because he was filing bankruptcy. 

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Second Mortgage On My House To Pay Off My Credit Cards?

Taking a second mortgage out on your house to pay off credit card debt is a bad idea in most cases. In the event you need to file bankruptcy, credit card debt can be wiped out if necessary.  Even in a Chapter 13 plan where you are paying back all of your debt, the interest rate

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Borrow Against My 401K To Pay Off My Credit Card Debt or Medical Debt?

Borrowing against your 401k is a terrible idea.  With Georgia Bankruptcy Exemptions, your 401k most likely will be 100 percent protected from your creditors. One of the most common mistakes I see people make is that they will borrow against their 401K to pay off credit card debt or medical debt.  Within a short period of time, they realize

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Filing Bankruptcy After a Default Judgment in Georgia?

The answer to this question depends on your situation.  We can file a motion to avoid the judicial lien shortly after we file your case.  The main issue is how much property do you own?  I want to go over every single asset you own and make sure that they are protected by Georgia exemptions. 

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