With home values flat or even trending downwards in recent months, many Chapter 7 debtors who have been discharged are asking what happens if they stop paying their mortgages and walk away from homes that are worth less than the outstanding mortgage. If you entered into a reaffirmation agreement during your Chapter 7, you remain [...]
October 2009
This question comes up often in a bankruptcy lawyer’s office, and each time it does the answer is nearly always the same: no. Of course, this question could just as easily be asked the other way, should the husband refrain from joining in his wife’s bankruptcy? The question is based on the perception that the [...]
As you may know the Bankruptcy Code provides that Chapter 13 plans must last at least three years but no more than five years. As a practical matter, most of the Chapter 13 plans I file in my Atlanta area bankruptcy practice end up as five year plans (this is because the disposable income calculations [...]
Gregory Smith recently held up a payday loan establishment in Indianapolis, IN. He felt that his back was against the wall and had no where to turn. Mr. Smith went into the Advance America to take out a payday loan so that he could put food on the table for his young child. When Angela [...]
If you are sitting in jail wondering if you can file bankruptcy then your search is over. The answer is yes if you otherwise qualify for bankruptcy relief under the code. Just because you are sitting behind bars does not prevent you from accessing the Bankruptcy Court. Depending of where you are located will depend [...]
You just filed a bankruptcy. You thought everything was under control. Now you got a letter from the bankruptcy court. Inside that letter is a notice from the court. This notice contains all sorts of important things and you should read it. What is in the notice? If you file a Chapter 7 Bankruptcy the [...]
