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.

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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17 Apr What Are My Responsibilities After My Bankruptcy Case is Filed?

As a consumer bankruptcy lawyer, I recognize that my clients will be nervous and stressed out about becoming bankruptcy debtors. Overnight a strange cast of characters will enter into their lives - a trustee, a bankruptcy judge, creditor lawyers. Furthermore, filing bankruptcy means giving up control - at least while the bankruptcy is open the trustee has oversight over any financial decision that the debtor wants to make - including such things as buying or selling a house or car, contributing to a retirement plan or even changing the budget.
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