By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Virtually all of us know that we have the right to “take the 5th,” keep our mouths shut, and not speak to the police and lawyers when we might say something that could incriminate us. The Fifth Amendment of the U.S. Constitution provides that no person “shall be compelled in any criminal case to be… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7In most (if not all) Bankruptcy Courts, if you file a personal Bankruptcy case you will need your official social security card for your first meeting of creditors. That means the card issued by the Social Security Administration, and not a photocopy or any other unofficial card you may have obtained elsewhere. Not surprisingly, many… Continue Reading
By Scott Riddle Posted in Bankruptcy BasicsYes. I could probably end with that simple, straightforward answer but, really, the answer is always the same. One of the very common questions that comes up fairly regularly on online forums is some form of this question. Often it seems like the person is concerned they forgot something, or may be in trouble in… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Creditor Law,Debt Collection & ForeclosureYou have filed and completed your Chapter 7 or Chapter 13 Bankruptcy case, and finally received your all-important discharge. Unless you have very unusual circumstances, you did not officially reaffirm any of your debts in your case. However, now you have thought about it and you want to pay back a certain pre-petition debt that… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Most of the discussion in this Blog, and most other Bankruptcy websites, involve the primary benefit and goal of Bankruptcy – the discharge of debt. Many other posts are dedicated to avoiding foreclosure so you can catch up on your payments and keep your house, and this is still primarily an issue of dealing with… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Virtually all courts, from local city courts to the Supreme Court of the United States, charge filing fees for filing a case, filing appeals, and sometimes filing motions and other documents. These are fees that help the courts keep running, and are in addition to the fees you pay to your lawyer. Bankruptcy Courts are… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Short, easy answer – yes, same-sex married couples can file a joint Bankruptcy case and it is not even a disputed issue now. Bankruptcy law says a joint case can be filed “by an individual that may be a debtor under such chapter and such individual’s spouse.” As of June 2015, the United States Supreme… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Debt Collection & ForeclosureIn Georgia, the first Tuesday of every month is “Foreclosure Day.” It is the one day a month when home lenders are able to foreclose on homes and other real estate, assuming they have met the other requirements of foreclosure such as notice to the borrowers. Not surprisingly, the busiest day for Bankruptcy filings in… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7If a person files for Bankruptcy, and during the case or shortly after the case closed that person passes away, who gets the life insurance proceeds? Is it the beneficiaries on the policy, or does the money go to the person’s creditors or the Bankruptcy Trustee? Thankfully, the answer to this question is usually pretty… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Debt Collection & ForeclosureFalling behind on child support payments is a bad situation for everyone. Not only are their serious legal issues involved, there are often very strong emotions in play. In Georgia and probably all other states, the failure to pay child support can land the non-paying parent in jail (usually after clear warnings from a judge). … Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7As we all know, April 15 is a bad day for almost all of us. This is the day we are supposed to report to the beloved Internal Revenue Service (and usually our state revenue departments) and find out how much we owe them in taxes (and, yes, that includes people who get a refund… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7There are many things people think about in the days and weeks before a Bankruptcy case is filed, and one of them is what happens to their credit cards. Most of us use credit cards on a weekly, if not daily, basis for lunch, groceries and online bill payments. If we suddenly realize we cannot… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13The internet is a great thing, so thanks to Al Gore for inventing it. If I need to fix something around the house and run into trouble, chances are there are Youtube videos that will solve the problem. If you are considering Bankruptcy, you might start with google searches to get more information (and hopefully… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 7Bankruptcy can solve most, and sometimes all, financial problems for some. It provides an opportunity to move forward in life without the heavy anchor of overwhelming debt. For many, it is a chance to make up missed payments on the family home over time so they don’t have to pack up the kids and dogs… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Debt Collection & ForeclosureThe primary goal of most Bankruptcy cases is to get a discharge of some or all of your debts. The discharge order is an important document that will permanently protect you from future attempts to collect all debts that were discharged, and you have your important “fresh start.” It is your time to move on… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7A couple of events made the news in the last week or so that are relevant to Bankruptcy or financial matters. In this prior post, we discussed the mostly made-up story about the man who was supposedly arrested just because he was late on his student loans. Another story that did not get as much… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7,Debt Collection & ForeclosureHome loan modifications have been a really big deal the last few years. The reality, however, is that the number of actual successful modifications is far less than originally “promised” by politicians, lenders and others involved in the process. Tales of lost documents, months-long delays, and then denials abound. Given that, is it necessary or… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Maybe you have seen the words “debt relief agency” on a lawyer’s website or other marketing materials. The phrase “debt relief” has been used for many years as a substitute for the word “bankruptcy,” most likely because it sounds a little less ominous. Many years ago, a lawyer in the Atlanta area, and one of… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13As discussed in more detail in this post about Chapter 13 Basics and this post about Chapter 13 Plans, and Chapter 13 payments, the basic goal of Chapter 13 is to pay back some or all of your debts over a period of time. Usually, the payment period lasts from three to five years. An… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 7After the filing of a Chapter 7 case, creditors generally have the opportunity to file a claim for money they believe is owed to them. This is generally done through an official “Proof of Claim” form. In “no asset” cases, there is generally no claim form mailed out to creditors since there will be no… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Creditor Law,Debt Collection & ForeclosureDo you have a friend or relative who just throws money away by spending every penny or running up credit cards and debt on unnecessary things? All of know people who do that to some extent. What if a relative is personal friends with a Nigerian Prince and sends him money on occasion? What if… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Georgia is not a big (legal) gambling state, other than the state sponsored Georgia Lottery, and most gambling is done on a cash basis. However, occasionally clients do come in with some gambling debts to include in their Bankruptcy case. In one case, a person made enough trips to casinos in Las Vegas that he… Continue Reading
