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Can you freeze your credit while in an active Chapter 13 Bankruptcy?

[caption id="attachment_5238" align="alignleft" width="300"] Data breach level to maximum modern conceptual meter, isolated on white background[/caption]Yes, you can freeze your credit while you are in an active Chapter 13 bankruptcy. There is nothing in the bankruptcy code that would prohibit freezing your own credit.This past week, we have received many calls from concerned clients asking this question in light of the recent Equifax data breach.  The Atlanta based Equifax credit reporting agency recently announced that as many as 143 million people may have had their social security numbers and birth dates released to hackers in the breach.If you would like...

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Can you sell your house while you are in an active Chapter 13?

[caption id="attachment_5210" align="alignleft" width="300"] Closeup view of Modern Suburban Home for Sale Real Estate Sign in front of modern home[/caption]The current real estate market is hotter than it has been in years.  As a consequence, we have recently seen some Chapter 13 clients who would like to cash in and sell their house.  Can you do it while you are in an active Chapter 13?  The answer is yes as long as you get permission from the court. How do you get permission from the bankruptcy court to sell your house? The first step is that your bankruptcy attorney will have to...

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Time to End Student Loan Slavery

[caption id="attachment_5208" align="alignleft" width="300"] Businessman slave tied up with chain[/caption]Thousands of people across this country are currently enslaved by student loan debt.  The Wall Street Journal and many other great newspapers have written articles detailing the effects of student loan slavery.  Marriages are being put off.  People cannot afford to buy houses.  New businesses never get started.  It is a huge drain on our economy.  The solution is to make student loans dischargeable in bankruptcy.  Thankfully, there is currently a bill pending in Congress to do exactly that.  Click hereto read about it.This is a bipartisan bill that is sponsored by...

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Chapter 13 and Chapter 7 Bankruptcy Attorney

In this video, I give a short description of Chapter 13 and Chapter 7 bankruptcy. Chapter 13 is often referred to as the "catch your breath" provision of the bankruptcy code. Chapter 13 is a great tool to catch up past due house payments, past due car payments, or some other secured debt. In contrast, Chapter 7 is often referred to as the "fresh start" provision of the bankruptcy code. Chapter 7 wipes out your debt and enables you to get a new start. I have office locations, Rome, Dalton, Dallas and Cartersville, Georgia. I can be reached at...

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Bankruptcy and Divorce

How does a divorce affect bankruptcy? 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 list. In either situation, the bankruptcy attorney will need to sit down with the client and review the entire case....

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What is Chapter 7 Bankruptcy?

A chapter 7 bankruptcy is often called the "fresh start" provision of the bankruptcy code because it allows you to wipe out all of your debt and get a fresh start. In a chapter 7 bankruptcy, we show the Court that you are unable, based upon your budget, to pay the debt that currently hangs over you. Approximately 90 days after we file your chapter 7 bankruptcy, you are granted a discharge which means that your are no longer liable for the debt....

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What is Chapter 13 Bankruptcy?

Many people like to refer to Chapter 13 bankruptcy as the "catch your breath" provision of the Bankruptcy Code. It is designed for people who have money to pay back their creditors but who can't do it all tomorrow like the creditors are demanding. Chapter 13 bankruptcy allows you stop the harassing phone calls and lawsuits. Chapter 13 bankruptcy gives you time to catch your breath while you pay your creditors. Chapter 13 bankruptcy stops garnishments, foreclosures, and repossessions of your car. You do not need the permission of your creditors to obtain Chapter 13 bankruptcy protection....

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What is a Motion for Relief?

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 bankruptcy attorney have the opportunity to defend against the motion. If a creditor has good cause for filing the motion, it will be granted. If the debtor and the bankruptcy attorney can mount a reasonable defense, the request will be denied....

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Wells Fargo freezing bankruptcy accounts

If you are considering bankruptcy, I would advise you to close any bank accounts you have with Wells Fargo.If you need assistance repairing your credit following your bankruptcy call our office. Our Bankruptcy attorney would protect your business from creditors when you are going through a bankruptcy filing. The Law Office of Jeffery B. Kelly would facilitate you to take you out of your bankruptcy troubles....

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Bankruptcy and Bitcoins

In this video, I talk about how bitcoins may impact the bankruptcy world in the future.Bitcoin has been making its way into the news and into a legal discussion. The bankruptcy system must address the virtual currency phenomenon that Bitcoin presents to keep up with present societal changes.Our experienced attorneys at Law Office of Jeffery B. Kelly make sure you have a plan in place to rebuild your credit after bankruptcy. Contact our bankruptcy attorney and schedule your free case evaluation....

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