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 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,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 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 Chapter 13,Chapter 7,Creditor Law,Debt Collection & ForeclosureYou have been sued for a debt, the case is over and a judgment has been entered against you. Is it too late to file for Bankruptcy to try to discharge most or all of the debt? No…it is rarely “too late” to file a Bankruptcy case. Often, it is the judgment that provides the… 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
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7This is another question that comes up more frequently that people might think. “I am facing financial problems, so how does it make sense for me to go out and borrow more money or use what little savings I have on an old used car???” Now…I said the question comes up frequently but the answer… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7,Creditor Law,Debt Collection & ForeclosureYou see the signs all over the place. “BUY HERE PAY HERE!” “NO CREDIT CHECK!!” “APPROVED!!” “BAD CREDIT OK!!” This is an awesome deal for people with poor credit, such as people just out of a Bankruptcy case, right? These companies provide a good service and help people rebuild their financial lives and give them… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7There are a few Bankruptcy forums or Q&A sites on the internet that allow people to post general questions about Bankruptcy. Almost on a daily basis people post questions that indicate they are, or intend to, go without a lawyer and do the case themselves. Rarely does this work out well as statistics show that… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7“Hate” may be a strong word, and it almost always is, so let’s change it to “dislike” or “disagree with” Dave Ramsey. If you do not know who Dave Ramsey is, you might not be interested in this post, but you can read his biography here. In short, he is a “financial planning guru” (my… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7Houses can be great long term investments, or they can drag you into Bankruptcy. They are usually your biggest investment, and your largest debt burden. Some people have a great emotional attachment to their house, as is the home in which they raised a family. As Bankruptcy lawyers, we are frequently asked by clients or… Continue Reading
