As a general rule, you cannot keep a credit card after you file bankruptcy. I meet with clients from Dalton, Rome, Cartersville, Hiram and Dallas Georgia who will ask, “Why can’t I keep just one credit card for emergency situations?” When you first meet with your bankruptcy attorney, tell him about every single credit card […]
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Will you be able to keep your car after you file bankruptcy in Georgia? The answer to this question depends on what type of bankruptcy case you file and the specific facts of your case. Lets start with Chapter 13 bankruptcy. If you owe money on car and we file a Chapter 13, the balance
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A Chapter 13 EDO is much different than a state ordered garnishment of your wages. EDO is an abbreviation for an Employer Deduction Order which is a signed order by a Federal Bankruptcy Judge. In Georgia, the most important difference is the liability for your employer. Under Georgia State Law, if your employer makes an
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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
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Some of the harsh results of the bankruptcy means test might be reduced by the recent Supreme Court decision in Jan Hamilton, Trustee vs. Stephanie Kay Lanning. In this case, the Supreme Court has held that bankruptcy judges don’t have to apply a “mechanical approach” to means testing in Chapter 13 bankruptcy cases. Bankruptcy judges
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When I meet with potential clients from the North Georgia area, one of the first questions I usually get between January and April is, “Can I keep my tax refund if I file bankruptcy?” For some, the answer is yes, and for others, the answer is no. Most people have plans for how they
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Yes, you can file a Chapter 13 bankruptcy in Georgia even if you are unemployed as long as you are receiving unemployment income. If you have zero income, you obviously won’t be able to file a Chapter 13 bankruptcy. A great place to search for jobs for free in the Northwest Georgia area is craigslist.
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When you are in a Chapter 13 bankruptcy and the mortgage company refuses to accept your mortgage payment, you need to call my office and set up an appointment with me as soon as you can. We must make sure that your mortgage payment is accepted. Sometimes, when a person files a Chapter 13 bankruptcy,
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Whether you file a Chapter 13 bankruptcy or a Chapter 7 bankruptcy, you must disclose in writing on your bankruptcy petition any lawsuit or potential lawsuit that you may have against anyone. If you fail to do so, you will lose your right to recover any money at all from the defendant. In the case
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The automatic stay is an injunction against against the continuance of any legal action against a debtor or the debtor’s property. 11 U.S.C. 362. The automatic stay protects a debtor from harassing collection calls, repossessions, foreclosure sales, and garnishment of wages. The protection from the automatic stay starts as soon as the debtor gets a
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