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.

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

01 Mar The Fate of Co-Signed or Guaranteed Debt in Bankruptcy

If any of your debts have been guaranteed or co-signed by a friend or relative, your bankruptcy filing could damage your friend or relative's credit. Lenders, whether automobile finance companies, credit card lenders, mortgage lenders or any other type of credit grantor, are in the business of evaluating and managing risk. If your credit profile has been poor for a while, you may have been asked by the credit grantor to find a guarantor or co-signer.
Read More

22 Feb Should You Pay Off Your Car Prior to Filing for Bankruptcy? The Answer May Surprise You.

During the course of an intake interview a new client posed the following question to me - "I have only two payments left on my car. Should I pay it off prior to filing for bankruptcy?" Logically, paying off a car prior to filing would seem to make sense. In a Chapter 7, you can avoid the hassle of the reaffirmation agreement process and in a Chapter 13, you can avoid tying up your car title for months or years. Alas, when you enter the alternate universe known as bankruptcy, traditional rules of logic do not apply.
Read More