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Ch 13

Chapter 13 Bankruptcy – Create a Folder for your Proof of Payments

Any person who files for Chapter 13 bankruptcy should keep a folder with proof of all of their post petition mortgage payments.  Mortgage companies will occasionally make mistakes and will accuse a bankruptcy debtor of missing mortgage payments when the payments were in fact paid on time. I recently had a Rome GA bankruptcy client […]

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Bankruptcy – Can I Keep a Credit Card After I File?

As a general rule, you cannot keep a credit card after you file bankruptcy.  I meet with clients from Dalton, Rome, Cartersville, Hiram and Dallas Georgia who will ask, “Why can’t I keep just one credit card for emergency situations?” When you first meet with your bankruptcy attorney, tell him about every single credit card

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Chapter 13 – Is There A Difference Between A Garnishment And An EDO?

A Chapter 13 EDO is much different than a state ordered garnishment of your wages.  EDO is an abbreviation for an Employer Deduction Order which is a signed order by a Federal Bankruptcy Judge. In Georgia, the most important difference is the liability for your employer.  Under Georgia State Law, if your employer makes an

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Getting Divorced During Bankruptcy – What Happens?

Getting divorced during a bankruptcy presents major ethical considerations for your Georgia bankruptcy attorney when a husband and wife file a case together (See Georgia Model Rules of Professional Conduct).  In an individual case, your Georgia bankruptcy attorney may simply need to file amendment reflecting the loss income of the spouse and a new expense

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Bankruptcy Means Test – Harsh Results Might Be Reduced by Supreme Court Decision

Some of the harsh results of the bankruptcy means test might be reduced by the recent Supreme Court decision in Jan Hamilton, Trustee vs. Stephanie Kay Lanning.  In this case, the Supreme Court has held that bankruptcy judges don’t have to apply a “mechanical approach” to means testing in Chapter 13 bankruptcy cases.  Bankruptcy judges

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