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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

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