If someone tells you to pay them money so that they can “renegotiate your loan,” don’t do it! There are so many scams. Take advantage of a free consultation with an attorney and let a bankruptcy attorney review any offers you are considering. If you want a loan modification, you can speak to your mortgage […]
Watch Out for Foreclosure Scams! Read More »
Yes. If you file Chapter 13 and are able to continue to make regular monthly mortgage payments, your house cannot be foreclosed on while you are in Chapter 13. The important question is, “Can you afford your future payments?” If so, Chapter 13 is a great option for you. Any past due payments on your
Can I keep my house if I file Chapter 13? Read More »
For both Chapter 7 and Chapter 13 bankruptcy, you should bring to your 341 Meeting of Creditors: 1. your driver’s license: 2. your social security card: 3. Proof of your car insurance: 4. Proof of your house insurance and: 5. Proof of your post-petition mortgage payments. If you can’t find your social security card, bring
Bankruptcy – What do I need to bring to my 341 Meeting of Creditors? Read More »
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
Bankruptcy – Should I File If I am Letting the House Go? Read More »
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
After Foreclosure in Georgia, When Will the Second Mortgage Holder Sue? Read More »
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
When is Chapter 13 a better choice than a Chapter 7? Read More »
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
Can the Second Mortgage Holder Foreclose? Read More »
The answer to this questions is……..it depends on what type of case you file. If you file a Chapter 13 with a plan to keep the car, the creditor cannot repossess it unless you let the insurance on the vehicle lapse or stop making your Chapter 13 payments. As long as you keep your Chapter
After Bankruptcy – Can They Take My Car? Read More »
No. Traffic tickets are technically criminal fines. No criminal fine can be wiped out in bankruptcy. However, in a Chapter 13, we can set up a special provision in the plan to pay the traffic tickets at 100 cents on the dollar. Paying traffic tickets is a much easier after we come up with a
Can I Wipe out Traffic Tickets in Bankruptcy? Read More »
In my sixteen years of experience as a bankruptcy attorney, I have seen many clients who have been forced to file either Chapter 13 or Chapter 7 because of a recent divorce. When the household income is cut in half but the household expenses remain the same, paying credit card debt is almost impossible. I
Should I File Bankruptcy Before or After the Divorce? Read More »