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.

05 Oct Obama 2011 Jobs Bill Authorizes Collection “Robo Calls” to Your Cell Phone

The Associated Press reports that the Obama Administration wants to legalize the use of "robo calls" - auto dialers and recorded messages - to cell phones by debt collectors seeking to recover student loans and other debts owed to the federal government. Under a proposal included at page 28 of the president's September, 2011 Jobs bill, federal employees and private debt collectors working on behalf of the federal government would be empowered to call a debtor's cell phone without first obtaining permission and without regard to any "do not call" list.
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04 Oct How to Use Chapter 13 to get Your Repossessed Car Back

There can be no more sickening feeling than to discover that your car or truck has been repossessed. In Georgia, where I practice, self-help repossession by vehicle lenders can occur quickly and with no prior notice. Specifically, in Georgia, lenders do not need to file any paperwork in court, nor do they need any permission to repossess your car. If your account is delinquent - even by one day - you are at risk. Note that every state has its own rules about vehicle repossession.
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24 Sep Should You be Concerned About a “Poison Pen” Letter?

Your bankruptcy filing can stir deep emotions. More than a few times, I have received calls from individual (as opposed to corporate) creditors who, after receiving a bankruptcy notice, have called me to express their displeasure that my client is seeking to discharge a debt. Sometimes these folks will appear at your 341 hearing to protest and sometimes they will write a "poison pen" letter.
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30 Jun Can I Discharge my Social Security Disability Overpayment in Bankruptcy

The Social Security Administration is a mess. Currently, SSA is in the midst of an overhaul in which they are attempting to go "paperless." Unfortunately, they are understaffed with many of the remaining employees overworked and poorly trained, resulting in an agency that routinely loses files, does not process information properly and does not have the resources to deal with fraud and waste.
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19 Jun Forbes Columnist Again Shows Ignorance About Chapter 7 Bankruptcy

Forbes Magazine columnist gets bankruptcy wrong...againEarlier this month, I posted a rebuttal to a Forbes online article written by a tax lawyer named Stephen Dunn. Mr. Dunn opines that usually Chapter 7 is not the best option for debtors facing severe financial hardship.

Noted consumer advocate Gerri Detweiler saw my Bankruptcy Law Network post and invited me to guest post a rebuttal for publication on Forbes online. My colleagues in the Bankruptcy Law Network contributed to this guest post and together we demonstrated the flaws in Mr. Dunn’s arguments - point by point. Now, to quote Ronald Reagan - “there you go again!”
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19 Jun Can “Above Median Income” Debtors Satisfy the Means Test and Still File Chapter 7?

above median debtor satisfies means testIf you are an "above-median income" debtor, you may wonder if you can still file Chapter 7. The answer to this question is "yes," but your case will be more complicated. Although the phrase "means test" suggests a single calculation, in fact, means testing involves several calculations - it would be more accurate to describe these calculations in the plural, i.e. means tests. Like a double elimination softball tournament, if you lose round one of the means test, you can still qualify for Chapter 7 in round two.
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