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What Is Involved in Filing Chapter 13 Bankruptcy?

By Jeffrey Kelly | January 4, 2017

There are two types of bankruptcy that debtors can file — Chapter 7 and Chapter 13. Chapter 7 is the better known of the two chapters and is significantly quicker and frequently cheaper to deal with than filing Chapter 13. However, many debtors still opt for filing Chapter 13 for various reasons, including: making too much […]

Trump Victory and Potential Changes to Bankruptcy Laws

By Jeffrey Kelly | December 3, 2016

Almost all political pundits said he never had a chance.  Against all odds, Donald J. Trump is now our president.  In addition, the Republicans now have solid control of the House of Representatives and the Senate.  What does this mean for the bankruptcy world?  In this article, I will speculate as to what I think […]

Saving Your Home and the Georgia Bankruptcy Homestead Exemption

By Jeffrey Kelly | October 26, 2016

Some debtors in need of filing bankruptcy are hesitant to do so because of one reason: they don’t want to lose their home. This can lead to serious debt issues and stress they might have been able to avoid if they had instead asked a knowledgeable bankruptcy attorney what can happen to a person’s home […]

Discharging Taxes in Bankruptcy

By Jeffrey Kelly | October 5, 2016

As part of an ongoing trend, revenue-strapped Lawrenceville announced that it would seize income tax returns to satisfy delinquent accounts. Under the Tax Return Intercept Program, participating local governments essentially place a lien on certain tax returns. Taxpayers in these situations should receive a notice letter that gives them thirty days to successfully challenge the […]

Can I Lose My Car in a Chapter 7 Bankruptcy? The Georgia Auto Exemption

By Jeffrey Kelly | September 28, 2016

Many debtors who want to file bankruptcy worry about the same issue: Can I lose my car in a Chapter 7 bankruptcy? Most debtors incorrectly assume that their vehicles are automatically safe in a bankruptcy. Unfortunately, that is not the case. All debtors should ensure that they take the proper precautions before filing and inquire […]

Do You Have Too Much Money and Too Many Non-Exempt Assets to File Bankruptcy?

By Jeffrey Kelly | September 14, 2016

Contrary to popular myth, bankruptcy debtors do not automatically lose their non-exempt assets, even in Chapter 7 liquidations. The trustee (a court-appointed bureaucrat who oversees the case on behalf of the judge) is under no duty to perform such random seizures. Instead, the bankruptcy trustee must examine non-exempt assets and determine if it is worthwhile […]

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