fbpx

bankruptcy

The Bankruptcy Process: What to Expect When you File Bankruptcy

  Making the decision to file for bankruptcy can be daunting. Once you decide that bankruptcy is the right choice for you make sure that you understand the process from start to finish. When filing for bankruptcy, there are a number of steps to take in order for your petition to be approved: 1. Your […]

Taking Out a Loan While You Are in a Chapter 13 Bankruptcy Case

Most Chapter 13 cases will run the maximum 60 month term. The problem is, in 5 years, you may need to get a new car or repair your home while you are in the bankruptcy case. The court will permit you to incur new debt for personal, family, or household purposes if it is necessary […]

Suspending Your Trustee Payments (Temporarily) While in Bankruptcy

A typical chapter 13 bankruptcy case requires that you make monthly payments to a chapter 13 trustee over the life of your plan. This plan could last anywhere from 36 to 60 months. Your plan may run less than that provided you pay off the debt in full. Unfortunately for many of our clients, during […]

Credit and Bankruptcy: What Happens to Your Score?

A common concern that many people have when considering filing for bankruptcy relief is how filing a bankruptcy will impact their credit score. While your credit score may be lower for a while, it is not permanent decrease in your credit score. In most cases, filing a bankruptcy case improves your credit score within a […]

Title Pawn Loans in Bankruptcy: How Are they Treated?

A title pawn is a transaction where the title to a vehicle is transferred to a pawnbroker in exchange for a loan. The transfer is subject to the borrower’s right to “redeem” the title. Under the Georgia Code, the transaction is treated as a sale with a qualified right of redemption. These terms are set […]

Lien Stripping in Chapter 13 Bankruptcy

Lien Stripping in Chapter 13 Bankruptcy Chapter 13 provides the very powerful tool of “lien stripping”, or removing second mortgages and home equity lines from a home. Chapter 13 bankruptcy allows such second mortgage loans to be stripped from a debtor’s principal residence if that second lien is found by the Court to have become […]

Reaffirmation Agreements and Bankruptcy

REAFFIRMATION AGREEMENTS IN BANKRUPTCY If you have debt which you want to retain in your case you may be required to sign a reaffirmation agreement in order to prevent the collateral from being taken after your discharge. The most common questions we see here in our practice in Georgia is: What is a reaffirmation agreement? […]

Suing Another Party While in a Chapter 13 Bankruptcy Case

Bankruptcy is one area of the law that can reach far and wide and can impact numerous other areas of law.  It is not uncommon for a bankruptcy client to also have another lawsuit ongoing in which they are the plaintiff.  While clients are allowed to proceed against other parties while in a case, they […]