Chapter 13 is an option that allows you to consolidate your debt through a repayment plan. Your plan payment will be driven by your income, your assets and your debts. As you might imagine, your income must be regular an…more
Bankruptcy cases are administered by trustees appointed by the Office of the U.S. trustee, which is part of the U.S. Department of Justice (DOJ). Typically, the debtor never has to appear before a judge. So who is this trustee…more
Adversary proceedings are lawsuits related to or arising from a bankruptcy case. It can be filed by you, your creditor or the trustee and may involve a variety of issues, including..…more
The U.S. Bankruptcy Code requires debtors to participate in a pre-filing credit counseling session and a subsequent pre-discharge debtor education course. The U.S. Department of Justice (DOJ) maintains a list of credit…more
Section 341 of the Bankruptcy Code is titled meetings of creditors and equity security holders and contains the provisions for conducting this court hearing. Because it is governed by section 341, the hearing is often called a…more
Learn about tools of the trade exemptions -
Your business and your individual life may be inseparable. This is often true of sole proprietors and small business owners, as well as freelancers who work in a variety of…more
The better prepared you are, the more effectively your attorney can advise you on your debt relief options. Before going to your first appointment, record essential information about your debts, assets, income and expenses. This…more
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 instituted a credit counseling requirement for debtors filing for bankruptcy protection. Credit counseling agencies sprang up quickly on the heels of this law…more
The Public Access to Court Electronic Records (PACER) system is the electronic filing system of the U.S. federal courts, including the U.S. bankruptcy courts. The PACER server is located in San Antonio, Texas and contains more…more
Collection activity by “third party” debt collection agencies hired to collect a debt can be very aggressive and threatening. When debt collectors or their attorneys come calling, most of us panic a bit at first. The Fair Debt…more
Although each state may determine its own bankruptcy exemptions, federal law governs the overall structure and purpose of bankruptcy law. In general, all 50 states must follow the same rule for child support and alimony..…more
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
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
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
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
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