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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

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

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

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