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Recent Blog Posts

May a Same-Sex Couple Married Outside of Georgia File for Bankruptcy Together in the State?

Until recently, same-sex couples married legally outside of Georgia would not have had the right to file a joint bankruptcy petition in the state. But when the Supreme Court struck out Section III of the Defense of Marriage Act (DOMA) in June 2013, many of the barriers for married same-sex couples in bankruptcy and estate… Read More »

The Demise Of Lien-Stripping Junior Security Deeds In GA In Chapter 7

As of June 1, 2015, the good news is the long wait is over. The bad news is the U.S. Supreme Court (“the Supremes”) ruled against the lien-stripping of junior security deeds in Chapter 7 cases.  Bank of America, N.A. v. Caulkett  (June 1, 2015). In so ruling, the Court relied on the same “term-by-term” reading… Read More »

Filing for Chapter 13 Protection

Bankruptcy can be a difficult bridge to cross but the benefits of the financial freedom it provides are usually well worth the risk. Many Debtors opt for the “fresh start” that Chapter 7 bankruptcy affords. However, there are numerous situations where a Chapter 13 bankruptcy is more appropriate, or even necessary.  If a debtor is… Read More »

Valuing A Tax Lien In Chapter 13

When IRS or the Ga. Dept. of Revenue (“GDR”) file a fully secured claim in a Chapter 13 case based on a pre-petition filed tax lien, 11 U.S.C. Section 506(a) operates to limit the claim to the value that any Debtor (“D”) has in the property scheduled in Schedules A and B in the Chapter… Read More »

Lien Stripping of an Unsecured Junior Lien By A Homeowner In A Chapter 7 Bankruptcy

Is It The End Of The Line For A “Strip Off” Of A Wholly Unsecured Junior Lien By A Homeowner In A Chapter 7 Case? We should soon know. The Eleventh Circuit Court of Appeals located in Atlanta, GA is the appellate court for federal courts located in Georgia as well as those federal courts… Read More »

What is a “Chapter 20” Bankruptcy?

There are occasionally times when individuals have financial problems that cannot be entirely solved by filing a Chapter 7 or Chapter 13 bankruptcy.  In these unique situations, it may be best to file a Chapter 7 bankruptcy and then immediately file a Chapter 13 bankruptcy, informally known as a “Chapter 20.” Why would you do… Read More »

Seek Relief for Creditors Violating the FDCPA

In a recent bankruptcy court decision issued on 7-10-14 by the Federal Appellate Court in Atlanta, GA, it appears that debtors in Georgia who file a bankruptcy case to get a better control over their debts and to seek all of the relief the bankruptcy code allows will be allowed a huge bonus!  During their bankruptcy… Read More »

I Just Went Through a Foreclosure! Do I Still Owe the Mortgage Company and Property Taxes?

Going through a foreclosure can be a very trying time for anyone involved.  To make matters worse, most homeowners do not know what happens to their liabilities after a foreclosure takes place.  Do you still owe the mortgage company?  Do you owe property taxes?  What about my homeowner’s association (HOA) dues?  This blog will address… Read More »

What is a Deed in Lieu of Foreclosure?

The government has established a number of programs to help distressed homeowners who are late on their payments, who are underwater on their mortgage, who are unemployed or who need assistance to refinance their home.  The government describes these programs in detail at the website http://www.makinghomeaffordable.gov. All of these programs seek to help homeowners dealing… Read More »

Chapter 7 Bankruptcy: The Basics

Bankruptcy is a creature of federal law and is found in Article I, Section 8 of the U.S. Constitution which states that Congress shall have the power to “establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.” Thus, the ability to seek bankruptcy protection is a… Read More »