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How Are Pawn Shop Loans Treated in Chapter 7 Bankruptcy? »

A few days ago, I wrote a post entitled “How are Pawn Shop Loans Treated in Chapter 13 Bankruptcy?” Now, I want to speak about the treatment of pawn shop loans in Chapter 7 cases.
As was the case in my previous blog post, I can only write about Georgia law and the Chapter 7 [...]

How Are Pawn Shop Loans Treated in Chapter 13 Bankruptcy? »

Business at pawn shops is booming.  With gas prices, food prices and pretty much every other type of spending in your budget going up, it is not surprising that middle income and upper income Americans are turning to pawn shops in order to raise money for food, utilities, housing and child rearing.
In Atlanta, I am [...]

Temporary Resident of One State Wants to Know Where He Should File »

If any of you host or contribute to a blog, you know that like potato chips, it is almost impossible to have just one (blog, that is).  In addition to serving as a contributing editor of the Bankruptcy Law Network family of blogs, I maintain my own Atlanta bankruptcy blog.
Occasionally, I get questions on my [...]

“Step Plan” Puts Additional Responsibilites on Debtors »

In the Northern District of Georgia, our Chapter 13 plans are often filed as “step” plans. Basically a step plan is one in which the debtor’s trustee payment changes (steps up or steps down) when a known event happens. For example, in this district, vehicle leases are paid directly to the lender. [...]

Federal Reserve Proposes New Rules to Limit Arbitrary Powers of Credit Card Issuers »

On May 2, 2008, the Federal Reserve released a series of proposed rules that would restrict current practices of the credit card industry. Specifically:

Banks would be prohibited from increasing the rate on a pre-existing credit card balance (except under limited circumstances) and must allow the consumer to pay off that balance over a reasonable [...]

Am I Responsible for Car Accident Damages in Excess of Insurance Coverage? »

Car accidents happen all the time and most of us have sufficient insurance to cover the claims of an injured third party.  What happens if you are at fault in an accident and the other driver sues you for thousands or millions of dollars?   I received this question from a visitor to my Atlanta bankruptcy [...]

Debtor Can’t Afford Chapter 13 Payment - What are His Options? »

I received the following email from a couple who are currently in a Chapter 13, but have seen their income go down:
Last July, my wife and I filed Chapter 13 as we were barely over the median income for Washington State. I am now no longer getting the overtime I did up to the six [...]

More on Mortgage Company Abuses »

Bankruptcy Law Network member Kurt O’Keefe wrote an interesting post on this blog about mortgage company abuses. Kurt referenced a story in the Atlanta newspaper about the Atchleys, a Waleska, Georgia couple who filed Chapter 13, and thereafter found themselves subject to multiple motions for relief from stay based on post petition payment [...]

Am I Allowed to Refile My Chapter 13 Case? »

With the recent rise in gas prices and the ripple effect resulting in increased costs of many goods and services, Chapter 13 debtors may very well discover that a payment plan which worked a year ago no longer works at all.  Here in Atlanta, we are seeing a significant number of Chapter 13 cases fail [...]

Why I Will Not Respond to Every Question I Receive by e-Mail »

Several times a month, I receive email with detailed case questions from bankruptcy debtors who already have cases filed and who are currently represented by counsel.
I think that as a group, consumer bankruptcy lawyers are almost always willing to answer questions and we genuinely desire to help people in the community. However, if [...]