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Update: Has The National Mortgage Settlement Helped Any Georgia Homeowner?

In an earlier blog published 10-30-12, we tracked some of the developments in the so-called "historic" National Mortgage Settlement (NMS) with Bank of America, JPMorgan Chase, Wells Fargo, Citigroup...

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What Happens to Your Mortgage Loan When You File Bankruptcy?

When you are in financial distress, staying on top of your mortgage can be difficult. Are you considering bankruptcy as an option? Before filing bankruptcy, you should take a moment to understand how...

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Paying Bankruptcy Fees in Georgia

If you are considering bankruptcy, you may be wondering what types of fees you will be required to pay in order to file Chapter 13 or Chapter 7 bankruptcy. The amount of money you pay greatly depends...

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IRS Levies and Wage Garnishments

If you are in serious debt and fail to take action to remedy the situation, the IRS may levy your property or garnish your wages. A levy is a legal seizure of your property in order to satisfy a debt....

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Avoiding a Cosigner Catastrophe: Protecting Friends and Family in Bankruptcy

What is a cosigner?  A cosigner is usually a friend or family member who signs a legal document or contract and promises to pay your loan in the event you are unable.  When a consigner signs a...

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How to Create Your List of Debts

When individuals contact us about scheduling a free office consultation, we ask that they bring a list of their debts. We ask this because when it comes time to file bankruptcy, you either need to...

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What to Bring to Your Bankruptcy Consultation

Every client we help is different and faces a unique set of financial problems. We ask that you bring the following things with you to the initial bankruptcy consultation: Proof of Income from all...

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Repairing Your Credit after Bankruptcy

Filing for bankruptcy is very helpful for eliminating debt but it is also harmful to your credit. We explain to our clients that rebuilding good credit is important even though we encourage them to...

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Can The Surrender of Property Be Refused By The Lender?

In many Chapter 7 and 13 cases, our clients decide to maximize the benefits of their "fresh start" by surrendering to the lender all of their "rights, title and interest" in an "underwater" residence...

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The Magic of The “Automatic Stay”: Part 1

For me, the keystone or centerpiece of all of the interacting parts of the Bankruptcy Code is the automatic stay. The stay is the fundamental shield available to our clients who file for relief from...

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Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an...

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Can The Surrender of Property Be Refused By The Lender?

In many Chapter 7 and 13 cases, our clients decide to maximize the benefits of their "fresh start" by surrendering to the lender all of their "rights, title and interest" in an "underwater" residence...

View Article

The Magic of The “Automatic Stay”: Part 1

For me, the keystone or centerpiece of all of the interacting parts of the Bankruptcy Code is the automatic stay. The stay is the fundamental shield available to our clients who file for relief from...

View Article


Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an...

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‘Tis The Season To Be WARY!

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...

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The Magic of the Automatic Stay, Section 362(a): Part II

Continued from The Magic of the Automatic Stay 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. Each...

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The Magic of the Automatic Stay, Section 362(b): Part III

Continued from The Magic of the Automatic Stay: Part I and The Magic of the Automatic Stay: Part II Based on public policy, there are certain acts set out in Section 362(b) for which the stay does NOT...

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The Georgia Homestead Exemption in Bankruptcy: Should it be Increased?

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. This was especially...

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Can I File for Chapter 7 in Georgia Without My Spouse?

The short answer to the question is yes. 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...

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What Are Federal Non-Bankruptcy Exemptions?

Can I Use Them In My Georgia Bankruptcy Case? Georgia is an “opt-out” state. This means that, like many states, Georgia “opted-out” of the federal exemptions and elected to apply its own bankruptcy...

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