Season’s Greetings – and a word of caution. This is a wonderful time of year, a time for giving thanks, for counting blessings, for sharing joy and for giving to others. The natural desire to express our love through gifts burns strong in our hearts (and the fire is stoked by incessant advertising.) This year, [...]
Jonathan Ginsberg, Atlanta Bankruptcy Attorney
I recently received the following question from a reader of my Atlanta bankruptcy law web site: I live in Georgia. If my 1st mortgage goes to foreclosure, what happens to my second mortgage? Here are my thoughts: if the holder of a first (or senior) mortgage forecloses, all junior mortgage liens are wiped out. However, [...]
A little over a year ago, Bankruptcy Law Network contributor Cathy Moran wrote a post on this blog about the 9th Circuit’s decision in the MBNA v. Ransom case. At issue was the question of whether an above-median debtor could claim the “ownership deduction” in a means test calculation even if that debtor owned his [...]
Two bankruptcy related issues are impacting Georgia’s gubernatorial race and could be the deciding factor in a close race this November. Republican candidate Nathan Deal is facing increasing scrutiny about both his personal finances as well as two Chapter 7 cases filed by his daughter and son-in-law.
Debt collection attorneys know that you cannot be thrown in jail if you do not pay your credit card debts. Debtor’s prisons were formally abolished in the United States in 1833, and, except for cases involving past due child support or tax debts, you will not face jail time if you are unwilling or unable [...]
This afternoon, I appeared at a Section 341 meeting of creditors hearing with a married couple who I represent in a Chapter 13 case. One of the questions asked by the trustee had to do with mortgage payments – specifically, were the debtors current with their post-petition mortgage loan payments. In the Northern District of [...]
