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Bankruptcy – Can I File If I Own a Life Estate?

By Jeffrey Kelly | July 1, 2010

Anyone who owns a life estate can file bankruptcy.  However, there is a risk of losing the ownership of the life estate when you file Chapter 7 if the life estate is worth more than you are allowed to exempt in Georgia.  In contrast, you may be able to protect the life estate in a […]

Cash Exemption in Georgia Bankruptcy Cases

By Jeffrey Kelly | June 27, 2010

The cash exemption is often a major consideration for Georgia consumers who are considering filing for bankruptcy.  Especially during tax refund season, I often have clients who will ask, “How much of the cash in my bank account can I keep if I file bankruptcy?” In Georgia bankruptcy cases, the answer to this question is […]

Bankruptcy – Can I Keep My Tax Refund If I File?

By Jeffrey Kelly | June 25, 2010

When I meet with potential clients from the North Georgia area, one of the first questions I usually get  between January and April is, “Can I keep my tax refund if I file bankruptcy?” For some, the answer is yes, and for others, the answer is no.   Most people have plans for how they […]

Mortgage Company Regulation Bill Working its way through Congress

By Jeffrey Kelly | June 23, 2010

The Wall Street Journal recently reported on a mortgage company regulation bill that is working its way through Congress (Click here to read the article).  The Journal reports that mortgage companies are lobbying Congress to “soften a series of provisions that reshape how most Americans obtain home loans.” The bill proposes: 1.  To require lenders […]

Bankruptcy – Can’t Incur Debt with the Intent of Discharging it

By Jeffrey Kelly | June 21, 2010

I have friends who buy into this myth that people who file bankruptcy go out and run up their credit cards right before filing.  The truth is that almost no one does this and those few that do end up paying it all back. In a Chapter 7 bankruptcy, you cannot incur debt with the […]

Chapter 13 – What is an Objection to Confirmation?

By Jeffrey Kelly | June 20, 2010

In a Chapter 13, an objection to confirmation is basically a written statement from the Chapter 13 Trustee or a creditor of the debtor that there is something wrong with the case that needs to be fixed before the confirmation hearing. I advise all of clients from Dallas, Hiram, Douglasville, Calhoun, Cartersville, Rome, Dalton and […]

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