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Exempting An Annuity In A Chapter 7 Case (Silliman v. Cassell)

A previous blog published in August 2013 re-visited the important role of exemptions in a Chapter 7 case of shielding certain property from the trustee and creditors so that the property (in this case, the stream of income...more

10/22/2013 - Annuities Chapter 7 Consumer Bankruptcy Exemptions

What Comes First? Bankruptcy? Divorce?

The U.S. Census recently reported that Georgia outpaces the nation in the rate of unemployment: 8.7 compared with 7.3. It appears that Georgia also has the eighth-highest divorce rate in the nation. While many variables such...more

10/10/2013 - Consumer Bankruptcy Divorce Filing Requirements

Motor Vehicle Exemption in Georgia Has Increased to $5,000

Effective July 1, 2013 the Motor Vehicle Exemption increased from $3,500 to $5,000. This provides additional “wiggle-room” in determining whether you can keep your motor vehicle(s) when you file Chapter 7....more

7/30/2013 - Chapter 7 Consumer Bankruptcy Exemptions Motor Vehicles

Can I File for Chapter 7 in Georgia Without My Spouse?

The more important inquiry is which option makes the most economic sense for you and your spouse! Georgia follows the common law rules of ownership of property and liability for debt....more

2/11/2013 - Chapter 7 Community Property Consumer Bankruptcy

The Georgia Homestead Exemption in Bankruptcy: Should it be Increased?

On May 2, 2012, the homestead exemption was increased which brought the exemption for an individual filer to $21,500.00 and nearly in line with the federal homestead exemption....more

2/7/2013 - Consumer Bankruptcy Homestead Exemption Tax Exemptions

The Magic of the Automatic Stay, Section 362(a): Part II

Many legal writers have observed that the purpose of the stay is to provide a “breathing spell” while the facts in a bankruptcy case are sorted out....more

2/1/2013 - Automatic Stay Consumer Bankruptcy Wage Garnishment

‘Tis The Season To Be WARY!

Tax season is on us once again and many are thinking about how to make the best use of any tax refund to pay down their obligations. Be aware: scammers are out there and are plotting strategies to separate you from your...more

1/14/2013 - False Advertising Fraud Mortgages Scams

Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an "REO" property which the...more

1/4/2013 - Credit Bids Foreclosure Homeowners' Association Lenders Liens

Can The Surrender of Property Be Refused By The Lender?

In many Chapter 7 and 13 cases, our clients decide to maximize the benefits of their "fresh start" by surrendering to the lender all of their "rights, title and interest" in an "underwater" residence or rental property or a...more

1/2/2013 - Chapter 13 Chapter 7 Foreclosure Homeowners' Association Security Deed

The Magic of The “Automatic Stay”: Part 1

For me, the keystone or centerpiece of all of the interacting parts of the Bankruptcy Code is the automatic stay. The stay is the fundamental shield available to our clients who file for relief from creditors in a Chapter 7...more

1/2/2013 - Automatic Stay Chapter 13 Chapter 7 Debtor-Creditor

Update: Has The National Mortgage Settlement Helped Any Georgia Homeowner?

In an earlier blog published 10-30-12, we tracked some of the developments in the so-called "historic" National Mortgage Settlement (NMS) with Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally which was...more

12/4/2012 - Bank of America Citigroup JPMorgan Chase National Mortgage Settlement Wells Fargo

The Problem Of The Omitted Or Undisclosed Asset In Chapters 7 And 13

A knotty problem that surfaces from time to time in Chapters 7 and 13 is the omitted or undisclosed asset. In many of these cases, the omitted or undisclosed asset is a claim or right to payment based on a claim for a...more

11/21/2012

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