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Chapter 13

The Truth About Student Loans and Getting Rid of them in Bankruptcy

Most consumers facing bankruptcy also have student loans. With so much misinformation online on this topic, we cover the REAL facts about discharging student loans in bankruptcy. Under the current law, there are very few instances in which a debtor can use bankruptcy to discharge their student loans. It is also important to understand that it […]

How to Decide Which Chapter of Bankruptcy to File: Chapter 7 or Chapter 13?

Once you’ve decided that bankruptcy is the right solution for your financial situation, you will need to decide which type of bankruptcy is most beneficial. While there are many different “flavors” of bankruptcy available, the two chapters that apply to most consumers are Chapter 7 and Chapter 13. Choosing the Right Type of Bankruptcy In […]

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 […]

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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 […]

Getting A Car Loan While In a Bankruptcy Case

A very common situation that arises for our clients is the need to finance a car while still in a Chapter 13 repayment plan. During the three to five years that you’re making payments on your Chapter 13 bankruptcy case you can’t incur any new debt without getting permission from the bankruptcy court. Many times, clients […]

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