Jonathan Ginsberg, Atlanta Bankruptcy Attorney

How to Use Chapter 13 to get Your Repossessed Car Back

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

There can be no more sickening feeling than to discover that your car or truck has been repossessed.   In Georgia, where I practice, self-help repossession by vehicle lenders can occur quickly and with no prior notice.   Specifically, in Georgia,  lenders do not need to file any paperwork in court, nor do they need any permission [...]

Should You be Concerned About a “Poison Pen” Letter?

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

Your bankruptcy filing can stir deep emotions.  More than a few times, I have received calls from individual (as opposed to corporate) creditors who, after receiving a bankruptcy notice, have called me to express their displeasure that my client is seeking to discharge a debt.  Sometimes these folks will appear at your 341 hearing to [...]

Can I Discharge my Social Security Disability Overpayment in Bankruptcy

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

The Social Security Administration is a mess.  Currently, SSA is in the midst of an overhaul in which they are attempting to go “paperless.”   Unfortunately, they are understaffed with many of the remaining employees overworked and poorly trained, resulting in an agency that routinely loses files, does not process information properly and does not have [...]

Forbes Columnist Again Shows Ignorance About Chapter 7 Bankruptcy

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

Earlier this month, I posted a rebuttal to a Forbes online article written by a tax lawyer named Stephen Dunn.  Mr. Dunn opines that usually Chapter 7 is not the best option for debtors facing severe financial hardship. Noted consumer advocate Gerri Detweiler saw my Bankruptcy Law Network post and invited me to guest post [...]

If you are an “above-median income” debtor, you may wonder if you can still file Chapter 7.   The answer to this question is “yes,” but your case will be more complicated. Although the phrase “means test” suggests a single calculation, in fact, means testing involves several calculations – it would be more accurate to describe [...]

Another Ivory Tower Intellectual Gets Consumer Bankruptcy Wrong

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

This week’s Forbes magazine contains an editorial by tax lawyer Steven J. Dunn entitled “Consumer Bankruptcies do More Harm than Good.”   Mr. Dunn acknowledges that he is not a bankruptcy lawyer (although he knows a few bankruptcy lawyers – including his son, who once represented a bank in a lawsuit against the president of a [...]