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chapter 7

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 […]

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Authorized Users and Bankruptcy: What Happens On Credit Reports and What Can You Do?

One of the first questions I always ask my clients is are you an authorized user on anyone’s account or vice versa.  Why? Although legally, an authorized user is NOT responsible for the credit card balances on the account, too many times we have seem errors arise from the “Big 3” three credit reporting agencies […]

Chapter 13 and Chapter 7 Bankruptcy: What is the Difference?

Whenever I do a new client consultation one of the first things I do is explain the difference between Chapter 13 and Chapter 7.  While the United States Bankruptcy Code provides for six distinct chapters of bankruptcy: Chapters 7, 9, 11, 12, 13 and 15, the two chapters that deal with an individual filing bankruptcy […]

What Questions Do They Ask At the Chapter 7 341 Hearing?

After a bankruptcy petition is filed, the Court will schedule a Creditors Meeting under Rule 341 of the Bankruptcy Code. While your creditors may appear, generally only the Trustee is present to ask you questions about your petition and decision to file bankruptcy. This examination is under oath and you should review your petition and […]