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.

02 Apr How Do I Know If I Have Been Caught Up in Mortgage Fraud?

If you have followed the news recently, you may have read articles about mortgage fraud. Several "sub-prime" lenders are going out of business - in part due to mortgage fraud. More troubling, I have met with several potential bankruptcy clients recently who have gotten themselves caught up in some of these mortgage fraud transactions. In most of these cases, the potential client loses money, but in more and more cases, the potential client may find himself with possible criminal liability. Here's how one version of a classic mortgage fraud scheme works:
Read More

26 Mar What Does It Mean to Have Judgment Filed Against You?

I received the following question about judgments from a potential client:

Are judgments considered secured debt? Or, are they only considered secured to the point of being a lien above and beyond any exemptions? Isn't a judgment simply a finding by the court that you owe a debt? I am particularly interested in how judgments are dealt with in a chapter 13. I'm trying to avoid filing a 13 while I wait to see what happens with my income (up or down), and I could feasibly live through a few months of wage garnishments if necessary. However, if judgments themselves create a problem, maybe I should just file?

My response: A judgment refers to a decision by a court that has been entered into the public record.
Read More

14 Mar What Happens if I Lose My Job in the Middle of my Chapter 13 Bankrutpcy Case?

"I filed Chapter 13 bankruptcy about three years ago and last week I was laid off. I don't know how I can make my $395 per month trustee payment. Is there anything I can do?" In my Chapter 13 bankruptcy practice, I receive emails like this at least once every month or two. What should a debtor do if he loses his job and cannot make the trustee payment?
Read More

09 Mar How Many Bankruptcy Cases Can You File?

In most cases, the purpose for filing bankruptcy is to obtain a "discharge." A discharge is a document issued by a bankruptcy judge that serves as legal proof that you have satisfied your obligation to affected creditors. Should a creditor attempt to come after you for a discharged debt, your discharge order will serve as proof that the creditor's claim has no merit. Similarly, a discharge can be used to clean up your credit reports. If your credit files show an unpaid balance on a debt that was discharged, you can use your discharge order to force the credit reporting agency to change its records. What happens if your file for bankruptcy - either Chapter or Chapter 13 - but circumstances lead you back into financial crisis and you have to file again. Are you allowed to file more than one bankruptcy in your life? Fortunately, the answer is "yes" - you can file multiple bankruptcy cases if you need to do so. However, there are some very specific rules that limit these subsequent filings.
Read More

09 Mar Moved Across State Lines Within the Past Two Years? Special Rules Apply

The Bankruptcy Code contains a trap for the unwary in its treatment of debtors who have moved from one State to another. Section 522(b)(3)(A) of the Code provides that a debtor cannot use the exemption rules for his current State of residence unless he has resided in that State for at least two years. If you file a bankruptcy case within that two year period of time, you must use the exemption statute from your former State of residence.
Read More