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Chapter 13 Bankruptcy Client Portal

Before Your Hearing

Your hearing will be held about one mother filing. Make sure you have the hearing date and make sure you have made at least one full trustee payment to the trustee. This amount and information is located on your attorney client agreement. You are required to attend this hearing. No exceptions and no excuses.

Getting the Case Approved

After your hearing the trustee will have objections that need to be resolved.You MUST contact our office to set up an appointment to review these objections with your attorney.Your second hearing will be in about 30 days and if the objections are not resolved your case is dismissed. If you are keeping your home make sure you are making all mortgage payments since you filed this case.

After Case Approval

After your case is approved you need to make sure to keep our firm updated if you move or change jobs.Remember that you cannot buy or sell any property without the court’s permission so let us know if you need to sell your home or purchase a vehicle. We are here is assist so please don’t hesitate to contact us if you have any questions.

Mary Ida Townson

100 Peachtree St NW # 1100
Atlanta, GA 30303
PHONE: 404.525.1110
FAX: 404.522.4448

Nancy Whaley

303 Peachtree Center Ave NE
Atlanta, GA 30303
PHONE: (678) 992-1201
FAX: (678) 992-1202

Melissa Davey

260 Peachtree St NW #200
Atlanta, GA 30303
PHONE: (678) 510-1444
FAX: (678) 510-1450

How to Respond to Court Actions You May Receive in Your Case

Once your case is filed there are a variety of issues that can come up which require additional legal work and motions.  If you receive any notice of court action please contact our office immediately.  Below are DETAILED instructions of how each process is handled by our office. Please take the time to review this information COMPLETELY.

Motion for Relief from Stay Filed Against You

These motions will be filed by your mortgage company when they allege that you have fallen behind on your mortgage after your case has filed.  This may or may not be true but in order to resolve this matter you need to schedule a time to review with our office BEFORE the hearing date.  Please click on the link below which details how the process works.

Motion to Dismiss Your Case has Been Filed Against You

A motion to dismiss case may be filed in your case for several reasons.  You may have fallen behind on your payments, you may have failed to provide a copy of your tax return, or you may have taken an unauthorized action which has caused this motion. Please click on the link below.

Objection to Confirmation of Your Case Filed

After your 341 hearing the trustee will publish their objections.  Almost every case has objections so don’t panic when you receive these.  What you do need to do is click on the link below which has detailed information on how to handle the objections.

Forms for Additional Case Action Needed

Once your case is filed there are a variety of issues that can come up which require additional legal work and motions.  In order to ensure that all requests are logged properly we ask that you complete the form that applies to your specific request below. If you have any issues that is NOT listed below please contact your attorney directly.

Motion to Purchase a Car

If you need to incur debt to purchase a car while in your case please keep the following in mind:

1) The trustee does not provide a letter approving you to buy a car. (We have to file a motion and an order is generated by the court)
2) It typically takes about 2 months for the process from start to finish.
3) You cannot sign any financing agreement without court permission. 
The court will NOT grant a motion to incur debt unless you provide the following information from the dealer:
1. Type of vehicle
2. Sale price of the vehicle
3. Amount financed
4. Down payment amount, and the source of the down payment funds
5. Interest rate
6. Amount and frequency of payments
7. Length of the loan

Typically, the Court looks for a reasonable and economical vehicle with a purchase price of no more than $20,000.00, and interest rate of no more than 18% and a monthly payment of no more than $450.

Motion to Sell Home

If you need to sell any real estate during the time you are in the case you need to obtain court approval.  When you are ready to sell your house please do NOT have your real estate agent call us.  We do not speak with agents.  We speak only with our client. Please also keep these things in mind:

  • Our job is to prepare and file the motion to obtain court approval.  It is your real estate agent and closing attorney that handle all deal making and obtain payoff amounts.
  • Your closing date must be set out 60 days from the date that you provide our office all required documents (please see the form below). Remember that a court date must be scheduled in order to approve this request and we have to provide proper notice to all creditors.
  • If you wish to retain any profit from the sale you need to submit a separate request to retain these funds.  You can make that request on this page. Remember that you have to provide proof of what you need the funds for (relocation, moving expenses).  Otherwise, any excess funds will be paid to your case to pay your creditors and get you out of bankruptcy faster.

Motion to Suspend Payments

If something has come up which has increased your expenses you can request that your trustee payments be suspended for a maximum of 90 days.

Motion to Retain Money

If you need to retain money from an insurance settlement or a tax refund for a necessary living expense you will need to have this approved by the court.

Motion for Loan Modification

If your loan has been modified the lender will require that the court approve it. Please complete this form.

Self-Employed Business Packet

If you are self-employed then the trustee will request that you complete a business packet.  Your case CANNOT be approved without this packet being completed.  Please click on the your trustee to download your packet.

Profit and Loss Statement

If you do not receive a regular paycheck and are a 1099 or self employed contractor you will need to provide a profit and loss statement in order to reflect how much money you actually put in your pocket.

1328 Form for Discharge

Before your case can discharge you will need to complete this form and forward to our office to file.

Application to Approve Attorney Retained

If you are an attorney that has been retained by one of our clients please complete the attorney form AND the verification form  so that we can file the required application for special counsel.

Notice of Change of Employment

If you change jobs while in your case please contact our office so that we can file the appropriate notices with the court.

Creditor Request for Action

If you are a creditor in a Chapter 13 case and you need additional information, request a form be completed, or request a plan amendment please complete this form so that your request is routed to the proper managing attorney.