A typical Chapter 7 or Chapter 13 petition requires you to submit well over 50 pages of documentation, including:
- your schedules – which includes a detailed budget, a list of all creditors including addresses and account numbers, a detailed list of assets with estimated valuations, detailed information about sales, transfers, losses and recent payments to creditors, information about your and your spouse’s income over the past 3 years
More on Beware of “Emergency” or “2 Page” Bankruptcy Filings
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Yesterday, my son graduated from high school. His class selected a math/environmental sciences teacher named Nicole Brite to deliver the faculty address to the senior class. Ms. Brite delivered a spectacular address which was meaningful, witty and thoughtful (and she received a well deserved standing ovation from both the students and the audience).
Filed under Consumer protection, General consumer bankruptcy info, Georgia Bankruptcy by
Are You Liable for Ongoing Homeowner’s Association Dues if You Surrender Your House in a Bankruptcy?
Earlier this month on my Atlanta-bankruptcy web site blog I discussed an interesting case involving mortgage loan deficiency claims that was issued by the Georgia Court of Appeals and Georgia Supreme Court. In the River Farm vs. Suntrust case, the Georgia courts ruled that a mortgage lender could sue a defaulted borrower on the promissory note and thereby bypass the deficiency confirmation process associated with a foreclosure. This ruling is important because property values in Georgia have been trending downward and more and more often I am seeing cases where the balance due on a mortgage exceeds the fair market value of my client’s home.
Filed under Foreclosure issues, Georgia Bankruptcy, Repossession issues by
Most of the clients who I represent in Chapter 7 or Chapter 13 cases view bankruptcy as their absolute last resort. Usually, by the time they get to me, these clients have exhausted every other alternative – they have borrowed money from relatives and friends, sold possessions on eBay and cashed out or borrowed against retirement plans.
More on The Problem with 401(k) Loans and Consumer Bankruptcy
If you have been reading your local newspapers, you may be aware that Nathan Deal, the Republican candidate for Governor of Georgia, is facing scrutiny about his personal finances and about the bankruptcy filings of his daughter and son-in-law.
More on Will Bankruptcy Issues Affect Georgia Governor’s Race?
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There are dozens of lawyers out there who offer to prepare and file bankruptcy cases. Some work in high volume “bankruptcy mill” firms that compete on price while others compete on experience, knowledge and service. Usually the cost differential is a few hundred dollars, but when you are considering bankruptcy, every dollar counts – so why would you want a lawyer like me as opposed to a firm that would offer to represent you for a lower price?
Filed under General consumer bankruptcy info, Georgia Bankruptcy by
Not surprisingly, I get calls from small business owners who are contemplating personal bankruptcy when their businesses fail. There are many issues that arise in these types of cases but I would like to focus on one problem that, more than any other, can force the business owner into bankruptcy.
More on Does Your Landlord have any Obligations to Mitigate Damages if You Breach Your Lease?
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According to a recent article regarding Georgia bankruptcy published in the Atlanta Journal Constitution, it is nothing new that Georgia has one of the highest bankruptcy rates in the nation. What is new, suggests the AJC article, is who is filing: large numbers of people who have not previously had problems with financial instability.
More on Georgia Personal Bankruptcy Filings Continue to Increase
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A number of stories have recently appeared in bankruptcy and 
consumer rights blogs suggesting that the Atlanta based collection firm Mann, Bracken, LLC has gone out of business. On his Caveat Emptor blog, Minnesota bankruptcy attorney Sam Glover has written several posts about the Mann, Bracken firm including one on December 22, 2009 stating that the calls to the firm’s phone number instructs callers to communicate directly with their creditors. I called several numbers listed for Mann, Bracken but the calls were answered by a message that “all circuits are busy, try your call again later.”
More on Giant Debt Collector Law Firm Mann, Bracken Out of Business
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This weekend’s AJC Business story entitled “Bankruptcies hit State Hard” confirmed what I have been seeing on a weekly basis in my Atlanta area bankruptcy practice – more people who were solidly “middle class” are finding themselves facing huge debt loads and the prospect of a Chapter 7 or Chapter 13 filing.
Filed under Georgia Bankruptcy by
