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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How Business Debt Can Exempt You From the Bankruptcy Means Test
Chapter 7 is often the preferred form of bankruptcy relief for individuals, but not everyone qualifies. Most debtors must satisfy the “means test,” which is used to demonstrate that they have insufficient income to repay any portion of their debt. However, debtors who hold a large amount of business debt are exempt from the Chapter Read More
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How Georgia’s Pawn Shop Law Excludes Car Title Loans from Chapter 13 Plans
A Chapter 13 bankruptcy allows individuals to restructure their consumer debts and to repay them over an extended period of time. Many debtors choose this form of bankruptcy in order to save a home from foreclosure or a vehicle from repossession. However, not every type of loan can be restructured under Chapter 13. People in Read More
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Using the Automatic Stay in Bankruptcy to Block Wage Garnishments
If you fall behind in paying debts, you may be subject to a wage garnishment. A creditor might obtain a court order requiring your employer to impound a portion of your wages or salary each pay period and to send it to the creditor. Garnishments can be devastating as they can leave you with insufficient Read More
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How Fast Can You Get a Chapter 7 Bankruptcy Discharge?
Chapter 7 is the simplest type of consumer bankruptcy, since it usually results in a discharge of most or all debt. It’s also the quickest. Cases are typically completed in four to six months, compared with a Chapter 13 loan, which takes years. That said, there are scenarios and circumstances that might result in your Read More
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Using Chapter 13 Bankruptcy to Obtain Mortgage Debt Relief
Many people in financial distress are behind on their home mortgages. Debtors who have missed payments are at risk of losing their homes to foreclosure. One of the most effective strategies for saving a home from foreclosure is a Chapter 13 bankruptcy. This type of bankruptcy is also called a wage earner’s plan, because it Read More
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Fraud Exception to Debt Discharge Can Apply to Fraud by Others
Bankruptcy law generally allows debtors to discharge obligations that accrued prior to the filing of the bankruptcy petition. There are, however, exceptions, such as when a debt is obtained by fraud. Though this is generally understood to mean fraud by the debtor, the United States Supreme Court recently ruled that actions by other people can Read More
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5.0/5.0Thank you Field and Associates for the ease and the professional advice and filing of my bankruptcy. I will recommend you to all family and friends that find them selves in the same position I was in.
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Jeff Field and Associates have been fantastic. From Chris to Casey and also Jeff. Grateful for their guidance during this time!
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Jeff Fields and Associates are great bankruptcy attorneys.They made the process for me stress free, I would definitely recommend this firm❤️❤️❤️
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These guys, especially Laura, put in over and above to help finish my case!
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