By Jeff Field | Published March 30, 2016 | Posted in Chapter 13 | Leave a comment
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Examples of Chapter 13 Bankruptcy Protection in Georgia
Is Chapter 13 bankruptcy available to protect a person who is behind on child support or alimony payments and has been jailed or is facing an attempt to jail him or her? State court judges have the power to sanction a person for contempt of court for failing to comply with state court Orders requiring Read More
Read MoreDo You Have to Be Completely Broke to File for Bankruptcy?
The idea that you need to be flat broke to seek bankruptcy protection is a misconception. The amount of money you make and the amount of debt you have are not the sole factors that determine whether or not you should file for bankruptcy. However, although there is not a minimum amount of debt required Read More
Read MoreShould You Max Out Credit Cards if You Plan on Filing for Bankruptcy Soon Anyway?
Should You Max Out My Credit Cards Before Filing Bankruptcy In Georgia? You should not max out credit cards before filing bankruptcy in Georgia. Purposefully maxing out credit cards prior to filing can be fraud and have your case thrown out of court, lead to fines, or even get you jail time. Here is what Read More
Read MoreWill a Judge Always Approve a Bankruptcy Plan?
Unfortunately, putting together a bankruptcy plan is not always as easy as writing it down and getting a judge to approve it. In some cases, the judge has the right to reject a plan, as was highlighted in a recent U.S. Supreme Court case. In the case, the Supreme Court ruled against a Massachusetts man Read More
Read MoreWhat Happens to a 401(k) When You File for Bankruptcy?
When you have worked for so many years to build up your retirement savings, the last thing you want is for creditors to come after your 401(k) account if you file for bankruptcy. . Fortunately, whether you file a Chapter 7 or Chapter 13 bankruptcy case, your 401(k) account is considered to be a protected Read More
Read MoreConverting a Bankruptcy Proceeding from Chapter 13 to Chapter 7
If you are unable to afford your payments under a Chapter 13 bankruptcy repayment plan, you may have the ability to convert your case into Chapter 7 bankruptcy instead, unless you already received a Chapter 7 discharge at any time in the last eight years. The process of converting your case is relatively simple; however, Read More
Read MoreImplications of the SCOTUS Ruling in Wellness International vs. Sharif
On May 26, the U.S. Supreme Court issued a ruling in Wellness International v. Sharif, a case that will have major implications for bankruptcy law throughout the nation. The court decided Article III does not prevent judges in bankruptcy cases from issuing final judgment on claims that only attempt to augment the bankruptcy estate and Read More
Read MoreMay a Same-Sex Couple Married Outside of Georgia File for Bankruptcy Together in the State?
Until recently, same-sex couples married legally outside of Georgia would not have had the right to file a joint bankruptcy petition in the state. But when the Supreme Court struck out Section III of the Defense of Marriage Act (DOMA) in June 2013, many of the barriers for married same-sex couples in bankruptcy and estate Read More
Read MoreThe Demise Of Lien-Stripping Junior Security Deeds In GA In Chapter 7
As of June 1, 2015, the good news is the long wait is over. The bad news is the U.S. Supreme Court (“the Supremes”) ruled against the lien-stripping of junior security deeds in Chapter 7 cases. Bank of America, N.A. v. Caulkett (June 1, 2015). In so ruling, the Court relied on the same “term-by-term” reading Read More
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