Why you might still file bankruptcy even though you are ineligible to get a discharge
Although not entirely common, it is possible that someone will want to file Chapter 13 bankruptcy even though he is ineligible for a discharge. In those instances, the trustee will file a motion objection to discharge and the judge will grant it. So why might you be...
Why Did I Get A Letter From My Mortgage Lender After My Discharge?
In a Chapter 7 bankruptcy, you can discharge your mortgage debt just like you discharge your credit card debt. To discharge your mortgage debt, all you have to do is nothing. In other words, simply by not signing a reaffirmation agreement, you discharged your mortgage...
How can I sue on my car wreck in Magistrate Court in Georgia?
If you have a rather minor car accident case in Georgia, you might want to file suit for your damages in Magistrate Court. Magistrate court is unofficially known as “small claims court.” The reason Magistrate Court is known as small claims court is because damages are...
What is Underinsured Motorist Coverage and Why Do I Need It?
One of the things that surprises me most as a Woodstock personal injury attorney is when I get a call from someone injured in an accident and has no clue whether they have any uninsured/underinsured motorist coverage on their auto policy. Having adequate...
What is Legal Insurance? Can I use legal insurance for my bankruptcy fees?
Just like life and health insurance, there is such a thing as legal insurance. Although not as widely offered, it is available with certain employers. It seems to be particularly available to those who work for a government agency. The presence of legal insurance has...
What does it cost to file bankruptcy?
Filing bankruptcy costs money. Setting aside what you will pay in attorney fees, you will have other costs, even if you file pro se (without counsel). To file Chapter 7 or Chapter 13 bankruptcy, you have to take a pre-filing credit counseling course before filing the...
Why Reaffirming a 1st Mortgage also binds you to the 2nd mortgage
by Peter Bricks, a Woodstock bankruptcy attorney The most common error I see as an Atlanta bankruptcy attorney is debtors reaffirming mortgages. Reaffirming a mortgage in Chapter 7 bankruptcy rarely makes sense. Some attorneys even consider it malpractice. In the rare...
Avoiding judicial liens in bankruptcy: Yes, it can be done
by Peter Bricks, a Woodstock bankruptcy attorney Not all liens are created equal, and fortunately some liens can be avoided in bankruptcy. A skilled Atlanta bankruptcy attorney can identify which liens you can get rid of and which you cannot. As mentioned in a...
How can I be denied a discharge of my bankruptcy?
by Peter Bricks, a Cumming bankruptcy attorney The primary reason someone files bankruptcy is to get a discharge of debts. Therefore, before filing your bankruptcy, it’s logical to wonder what would cause you to be denied a discharge order. Denial of discharge is...
Garnishments in Georgia: What can creditors take?
by Peter Bricks, a Buckhead bankruptcy attorney Without a doubt, one of the leading reasons I get calls from debtors as a Cumming bankruptcy attorney is they have just been garnished. Either they received a notice from their bank that it is withholding funds from...
Bankruptcy Filing Fees: How much does it cost to file and do you have to pay it?
By Peter Bricks, a Cumming bankruptcy attorney The current bankruptcy filing fees are $281 for Chapter 13 and $306 for Chapter 7. The fees are not per person, so a married couple filing together will have the same fees as an individual filing. Can you get your filing...
What are reasons you should wait to file bankruptcy?- Part II
By Peter Bricks, a Jonesboro, Georgia bankruptcy attorney In Part I of this subject, I previously discussed the following reasons you might wait to file bankruptcy: (1) You are not yet facing garnishment or foreclosure (2) You paid debts or gifts to family members or...
Can you be too broke to file bankruptcy?
By Peter Bricks, an Atlanta bankruptcy attorney I often hear the term said that someone is “too broke to file bankruptcy,” but I do not think most people understand what it really means. The expression is often meant to imply that the debtor does not really need to...
What are reasons you should wait to file bankruptcy? Part I
By Peter Bricks, an Atlanta Bankruptcy Attorney When you file bankruptcy can often be as important as “if” you file bankruptcy. Given that you cannot automatically dismiss a Chapter 7 bankruptcy filing, it is crucial that you time your bankruptcy filing correctly....
Reaffirmation requires signing a document: Why your Statement of Intention is not binding
by Peter Bricks One of the most important decisions to make in your Chapter 7 bankruptcy is whether to reaffirm a secured debt, like a car or a mortgage. It is therefore important to note what one must do to legally reaffirm a debt. At the beginning of the case, the...
