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.

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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04 Jun Another Ivory Tower Intellectual Gets Consumer Bankruptcy Wrong

improper analysisThis week's Forbes magazine contains an editorial by tax lawyer Steven J. Dunn entitled "Consumer Bankruptcies do More Harm than Good." Mr. Dunn acknowledges that he is not a bankruptcy lawyer (although he knows a few bankruptcy lawyers - including his son, who once represented a bank in a lawsuit against the president of a company who signed a personal guarantee). Mr. Dunn then proceeds to discuss his concerns with Chapter 7 (which he mislabels "consumer bankruptcy" - and he thereafter ignores Chapter 13 relief, which is, of course, another type of "consumer" bankruptcy).
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01 Jun Sub-prime Loans are Back – this time in Auto Loans

credit for credit challenged car buyersAn article in this past week's issue of the online publication Collection & Credit Risk raises the question of whether the spread of sub-prime loans in industries other than mortgages could prompt a replay of the Great Recession of 2009. According to credit bureau Experian, financing for new and used vehicles to borrowers with credit scores less than 680 comprised almost 42% of all automobile financing during the first quarter of 2011, and the trendline for this type of financing is on the rise. Industry experts note that the wholesale (used) car market is very strong. Repossession is relatively easy and used car valuations are up. This has attracted more lenders to market towards credit challenged individuals. GM, which sold GMAC and exited the car financing business several years ago, has quietly re-entered the vehicle financing business by purchasing a sub-prime lender (now named GM Financial). Other large financing companies are expected to follow suit.
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