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Category: GeorgiaRSS Feed for Georgia

More on Mortgage Company Abuses »

Bankruptcy Law Network member Kurt O’Keefe wrote an interesting post on this blog about mortgage company abuses. Kurt referenced a story in the Atlanta newspaper about the Atchleys, a Waleska, Georgia couple who filed Chapter 13, and thereafter found themselves subject to multiple motions for relief from stay based on post petition payment [...]

Chapter 13 Trustees in Florida, Georgia and Puerto Rico to double their fee in May! »

Bankruptcy attorneys practicing in the Middle District of Florida, Jacksonville Division received the following email from Chapter 13 Trustee Doug Neway:
“Effective with all cases filed on May 1, 2008 or later: . . . All plans should be calculated using a 10% fee. This change is necessary to insure sufficient fund are collected during the [...]

Why I Will Not Respond to Every Question I Receive by e-Mail »

Several times a month, I receive email with detailed case questions from bankruptcy debtors who already have cases filed and who are currently represented by counsel.
I think that as a group, consumer bankruptcy lawyers are almost always willing to answer questions and we genuinely desire to help people in the community. However, if [...]

Seek Legal Advice Before Making Significant Financial or Lifestyle Changes »

Several months ago, I referred a potential bankruptcy client to a colleague because the case involved a business situation very similar to a somewhat complicated case my colleague had handled previously.  The prospective client called my friend and actually paid a fairly sizeable retainer, but never ended up hiring him.
Now, some 18 months later, the [...]

Paralegal School Students Have Difficult Time Understanding Bankruptcy Law »

Yesterday, I served as a judge in a contest organized by a local paralegal school. The class of prospective paralegals had just completed their 4 week bankruptcy unit and the teacher divided the students into three groups. One group presented a paper and oral explanation about Chapter 7, another about Chapter 13 and [...]

How Do You Know if Your Chapter 13 is Dismissed and Is there Anything You Can Do? »

As you know, Chapter 13 requires on-going payments to the trustee. What happens if you get laid off from work? Is your case dismissed automatically? How do you find out?
Because your bankruptcy is part of a legal process, very little will happen without notice being given to you.
If you liked that post, [...]

Real Estate Sales Agents and Commissioned Salespeople - Not a Good Fit for Chapter 13? »

I get a lot of questions from visitors to my Atlanta bankruptcy blog or Georgia bankruptcy law web site that include detailed fact patterns and requests for an in-office consultation. Many of these callers or emailers turn into clients. But not all of them do.
Today, I spoke to a woman about a [...]

Reports of Soaring Bankruptcy Filing Numbers Hit the Front Page »

This past week both the Atlanta Business Chronicle and the Atlanta Journal Constitution published feature stories about the soaring rates of bankruptcy filings in the Atlanta metro area. 
If you liked that post, then try these…♫ Debt and Marriage, Debt and Marriage . . . ♪ by Chip Parker, Jacksonville Bankruptcy AttorneyHow to Deal With Debt [...]

Vehicle Purchase Prior to Bankruptcy Filing Generates Chapter 13 Objections »

In the Northern District of Georgia, recent car purchases can create problems in Chapter 13 cases. I currently represent a debtor who moved to Georgia within the last year following a divorce.
If you liked that post, then try these…Does It Matter What the Percentage Fee is for a Chapter 13 Trustee? by Peter Orville, [...]

Debtors Must List All Property Wherever Situated on the Bankruptcy Schedules of Assets »

The language of Section 541 is broad on its face.  It states that the property of the debtor’s estate “is comprised of all the following property, wherever located and by whomever held.”  Recently, the Bankruptcy Court for the Northern District of Georgia decided a case that reminded debtors that the concept of the estate as defined by [...]