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What Are the Most Common Grounds for Adversary Proceedings in Bankruptcy?

Bankruptcy proceedings serve as a legal mechanism for debtors to obtain relief from overwhelming financial obligations, allowing them to reorganize their debts or liquidate their assets for the benefit of creditors. Ideally, a bankruptcy case proceeds without contention, but when disagreements arise, the bankruptcy code provides a forum for resolving them, known as an adversary Read More

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Using the Redemption Option to Keep Your Car in a Chapter 7 Bankruptcy

Chapter 7 bankruptcy allows individuals to obtain a fresh start by discharging most of their debts while liquidating their assets to pay off creditors. However, there are ways that debtors can shield a substantial amount of their assets from liquidation. One of these is the redemption option. A debtor can keep a financed car by Read More

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Filing for Bankruptcy During an Inflated Real Estate Market

Home prices in Georgia and across the country rose steadily through 2023 and show no signs of abating, despite a surge in mortgage interest rates. This is due to a shortage of housing inventory caused in large part by older Americans buying up properties, many for investment purposes. But whatever the reasons, an inflated residential Read More

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Review Finds AI Chatbots are “Useless” When Answering Bankruptcy Law Questions

As artificial intelligence becomes part of our everyday lives, chatbots have been increasingly used to answer a wide range of questions, including legal inquiries. While programs such as ChatGPT and Gemini might provide immediate information on an infinite number of subjects, an attorney and legal historian found significant errors when he sought responses on key Read More

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Should Married People File for Bankruptcy Jointly or Individually?

Married people who are in financial straits have the option of filing jointly for bankruptcy, but that doesn’t always mean they should. Since assets and expenses are often shared in a marriage, it’s common for the money troubles of one spouse to impact the other. But sometimes one spouse has more property and the other Read More

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How Disability Benefits Are Treated in a Bankruptcy Case

If you are considering filing for bankruptcy and are on disability, you may be concerned about how the case will affect the benefits you are receiving. Although they are deemed assets under bankruptcy law, disability benefits are generally protected from creditors by being covered by state and/or federal exemptions. However, having these benefits as part Read More

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Can Filing for Bankruptcy Hurt Your Employment Status?

Deciding to file for bankruptcy is a significant event that you may fear will affect your life in multiple ways. Among your likely concerns is the potential impact of bankruptcy on your present employment status and future job prospects. However, there is less reason to worry than you might think. Generally, a personal bankruptcy should Read More

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Dealing With Discharge of Debts Based on Willful and Malicious Injury

Bankruptcy provides individuals and businesses with a fresh financial start by discharging or eliminating their debts. However, not all debts are eligible for discharge. One category of non-dischargeable debts are those stemming from willful and malicious injury. Creditors can challenge the discharge of such debts through an adversary proceeding, at which debtors can raise defenses Read More

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Creditors’ Meetings in Bankruptcy Cases Are Now Held Online

Soon after you file a Chapter 7 bankruptcy petition, you will be required to attend a creditors’ meeting. Its purpose is to verify the accuracy of the information in your filings and to determine if there is anything that would make you ineligible for debt relief. Creditors’ meetings —also known as Section 341 meetings — Read More

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When and How Can You Modify a Chapter 13 Plan?

Chapter 13 bankruptcy is a powerful tool for people who are struggling with insurmountable debt. It allows you to pay off your unsecured debts monthly over a period of three or five years, and at the end of your repayment plan, the remaining debts will be discharged. The size of your monthly payment is based Read More

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