By Jeff Field | Published September 26, 2023 | Posted in Bankruptcy | Tagged Tags: automatic stay, equity, foreclosure, secured creditor | Leave a comment
When Can a Creditor Get Relief from the Bankruptcy Automatic Stay?
The day you file a Chapter 7 or Chapter 13 case with the bankruptcy court, an automatic stay is imposed that requires your creditors to cease their collection practices. The stay prohibits phone calls, letters, lawsuits, wage garnishments and executions on property, such as mortgage foreclosures. The court can impose penalties such as attorneys’ fees, Read More
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Using Chapter 13 to Stop Foreclosure
Chapter 13 is a form of bankruptcy that allows you to restructure your outstanding debts for repayment over an extended period of time. This includes defaulted home mortgage loans that are in the process of foreclosure. If you meet the eligibility requirements for Chapter 13, you can put a hold on the foreclosure, buy yourself Read More
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What Debts Can You Discharge in Chapter 13 but Not in Chapter 7?
People with unmanageable debt loads often turn to bankruptcy for relief. Most of them proceed using either Chapter 7 or Chapter 13 of the bankruptcy code, which set out different paths for discharging the individual’s debt. One notable difference is that Chapter 13 requires partial repayment of outstanding debt. However, an advantage of Chapter 13 Read More
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Using the Georgia Homestead Exemption Effectively in Bankruptcy
Bankruptcy provides a fresh financial start for people faced with insurmountable debt. Although the bankruptcy trustee has authority to seize and sell the debtor’s assets to pay off creditors, there are federal and state laws that allow debtors to keep certain property or its equivalent value. These are called exemptions, and one of the most Read More
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