I represent individuals in Chapter 7 and Chapter 13 cases filed in the Northern District of Georgia, which includes Atlanta, Newnan, Gainesville and Rome. I publish several informative web sites, including https://www.atlanta-bankruptcy.com and an Atlanta bankruptcy blog, https://www.thebklawyer.com/thebkblog. Please mention Bankruptcy Law Network when you call.


Author: Jonathan Ginsberg, Esq.

08 Jun Can I Sell My Home While I am a Debtor in Chapter 13?

Yes, you can sell your home while you are in the middle of your Chapter 13 case. However, do not wait until hours or days before closing to start the process of gaining approval for the sale from your Chapter 13 trustee and your Bankruptcy Judge. In the Northern District of Georgia (Atlanta area), where I practice, the process for obtaining Court permission to sell your home is fairly straightforward, although it involves a lot of paper and will create a great deal of extra work for your lawyer. Your jurisdiction may or may not have similar rules - check with your lawyer to find out.
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29 May Does eBay Income Count as Income for Bankruptcy Purposes?

I received this email from a prospective client named Amy. She raises an interesting question about identifying income for disclosure purposes:
We are going to be filing Chapter 7 Bankruptcy and I have been selling some things on Amazon.com for 4 or 5 months now to help make ends meat. I have not reported it as taxes yet. Should I just report it as other income just to be on the safe side? Does anyone know how far back do they look at your bank statements for?
Here is my response: Amy most definitely needs to account for her online earnings. I suspect that she meant to say eBay instead of Amazon, so I will assume that she and her husband are earning some money through on-line auctions.
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09 May Mortgage in One Name, Title in Another – Can I File Bankruptcy?

Not every real estate ownership situation is "clean" and easy to fit into a bankruptcy.  I recently received the following email from a lady named Bonnie, which reads as follows:
i have a house which i live in, i also have a rental property, that my daughter lives in, the deed to the rental property is in her name,but the mortage is in my name, if i file bankruptcy will she lose her house and will i lose my house? please help
Here is how I would analyze this situation.
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30 Apr Middle Class Squeeze – A Case Study

Although the October, 2005 changes to the bankruptcy laws were big news to bankruptcy lawyers, most people did not really pay much attention to this new law. I therefore frequently get the question "I hear that the bankruptcy law changed - what is the significance of these changes?" Obviously, someone asking this question does not want a three hour lecture, so I summarize the changes as follows: "the new law was designed to eliminate Chapter 7 as an option for middle class families. Unfortunately, these middle class families often cannot afford Chapter 13, meaning that the door to the bankruptcy court is often closed to families earning $60,000 to $100,000." Here is a classic case study.
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