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Bankruptcy Information Tag

Calhoun Bankruptcy Attorney

We serve Calhoun and all of Gordon County with our offices located in Rome, Dalton and Cartersville. I look forward to meeting with you soon.If you're looking for an experienced bankruptcy attorney, you can trust Law Office of Jeffery B. Kelly for legal help.Our experienced attorneys would make sure you have a plan in place to rebuild your credit after bankruptcy.Calhoun clients usually choose to come to either our Rome or Dalton office. Call today at 706-295-0030 for your free consultation....

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Bankruptcy – Should I File If I am Letting the House Go?

If you have a first and a second mortgage, you may need to consider bankruptcy even if you are willing to let the house get foreclosed.  For more information on second mortgage issues, please see click here.If you have only one mortgage and you don't have any other debt issues, you probably don't need to file bankruptcy in Georgia.  Under Georgia law, a mortgage company is required to file a "confirmation of foreclosure" against you within 30 days of the foreclosure date.  Mortgage companies almost never conduct a confirmation of foreclosure in Georgia.  It is extremely rare for any mortgage...

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After Foreclosure in Georgia, When Will the Second Mortgage Holder Sue?

In Georgia, if you file Chapter 13 bankruptcy or Chapter 7 bankruptcy, the answer is never.  Creditors can't sue you in a Chapter 13 and a second mortgage holder can be wiped out in a Chapter 7 and a Chapter 13 if you are surrendering the house.  In bankruptcy, the automatic stay protects you from lawsuits.If you do not file Chapter 13 or Chapter 7, the answer to this questions depends on various factors.  It depends on the mortgage company and how much money the house is sold for at the auction on the courthouse steps.  If the house...

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When is Chapter 13 a better choice than a Chapter 7?

If you have a car that was purchased more than 910 days before you file bankruptcy, Chapter 13 might be a better option for you as opposed to Chapter 7.  In a Chapter 13, if your car was purchased more than 910 days before filing, section 506A valuation will apply to your plan.  This means that you may have to pay back only the value of the car and not the entire amount owed on your claim.  For people who are upside down on their car loans, this is a huge benefit.  If you would like to check out the...

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Can the Second Mortgage Holder Foreclose?

Yes.  While a second mortgage holder may have the power to foreclose, they almost never take this course of action unless there is a significant amount of equity in the home.  In order for a second mortgage holder to foreclose on your house in Georgia, they must first pay off the first mortgage holder.  Most second mortgage companies are not willing to take the risk of paying off the first mortgage and then failing to recoup their investment at the sale on the court house steps.  With the current depressed values of real estate, I don't foresee second mortgage holders...

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Bankruptcy – Is My spouse Going To Be Affected By My Filing?

When filing bankruptcy in Georgia, if your spouse is not listed with you on any debts, their credit score will not be affected by your filing.Before you file bankruptcy, make a list of every debt you have and go over the list with your spouse. Ask them if they remember signing a contract for any of the debts listed. Also, pull the credit reports for you and your spouse. Next, compare the reports to see if you are both listed on the same debts. Check Experian, Transunion, and Equifax.If you are cosigned on debts together, your...

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Locations for Georgia Bankruptcy Attorney Jeffrey B. Kelly

My firm has office locations in Dallas, Dalton, Cartersville, and Rome. Our main office is located in Rome, Georgia.Rome Office 107 East Fifth Avenue Rome, GA 30161Dalton Office 201 A West Crawford Street Dalton, GA 30721Cartersville Office 1202 North Tennessee Street Suite 102 Cartersville GA 30120Dallas Office 1491 Merchants Drive Dallas, GA 30132...

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