A Motion for Relief from the automatic stay is basically a request from a creditor to the Bankruptcy Court for permission to take back collateral. Motions for Relief are set down for hearings before the Bankruptcy Court. In Northwest Georgia, these hearings are held at the Federal Building in downtown Rome GA. Debtors and their […]
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When you are in a Chapter 13 bankruptcy and the mortgage company refuses to accept your mortgage payment, you need to call my office and set up an appointment with me as soon as you can. We must make sure that your mortgage payment is accepted. Sometimes, when a person files a Chapter 13 bankruptcy,
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Whether you file a Chapter 13 bankruptcy or a Chapter 7 bankruptcy, you must disclose in writing on your bankruptcy petition any lawsuit or potential lawsuit that you may have against anyone. If you fail to do so, you will lose your right to recover any money at all from the defendant. In the case
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The automatic stay is an injunction against against the continuance of any legal action against a debtor or the debtor’s property. 11 U.S.C. 362. The automatic stay protects a debtor from harassing collection calls, repossessions, foreclosure sales, and garnishment of wages. The protection from the automatic stay starts as soon as the debtor gets a
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The foreclosure crisis was supposed to end with help from the federal government. Consumer Bankruptcy News reports in the May 6, 2010 issue that the response of the federal government to the mortgage crisis is too slow. The article reports that is has “been more than one year since President Obama announced the establishment of
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Just because you file a Chapter 13 or a Chapter 7 bankruptcy does not mean that you can’t have a bank account in Georgia. However, if you have no bank account at all before your case is filed, it is possible that you may have difficulty opening a new one after bankruptcy. When you file,
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I have recently noticed a significant increase in the foreclosure of homes in the Rome, GA area. Mortgage companies seem to have gotten more aggressive about starting the foreclosure process in Georgia. While there have been many headlines in the newspapers about government action that has been taken to stem the tide of foreclosures, I
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A person cannot wipe out payroll taxes in Chapter 13 or Chapter 7. Payroll taxes are not considered property of the business. The business is considered to have held the payroll taxes in trust for the government. Failure to pay payroll taxes will be treated as a nondischargeable debt. Using payroll tax money for any
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You must take a credit counseling class before you file any Chapter 13 or a Chapter 7 bankruptcy. If any person files a Chapter 13 or Chapter 7 bankruptcy without having first completed a United States Trustee certified Credit Counseling Class, the case will be subject to dismissal. It is absolutely imperative that the class
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You can stop a student loan garnishment in a Chapter 13 if you plan on paying the entire student loan through your Chapter 13 plan. With few exceptions, student loans cannot be wiped out in a Chapter 13 or a Chapter 7 bankruptcy. In addition to being protected from being wiped out in bankruptcy, the
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