By Jeff Field | Published March 20, 2019 | Posted in Chapter 7 | Tagged Tags: bankruptcy's effect on pensions, ERISA-qualified pensions, nonexempt pensions | Leave a comment
Could Chapter 7 Bankruptcy Affect Your Pension?
Could Chapter 7 Bankruptcy Affect Your Pension? You’ve worked hard to earn a pension, and you may even rely on it for the bulk of your income during retirement. If you need to file for bankruptcy protection, however, you may wonder what will happen to your pension. Will it be subject to the discharge process? Read More
Read MoreRedeeming Property in Chapter 7
Bankruptcy is intended to provide individuals with a fresh start. 11 USC 722 of the Bankruptcy Code provides one potentially valuable tool that Jeff Field & Associates can help you utilize to obtain your fresh start. Under 11 USC 722 of the Bankruptcy Code, which is available only in chapter 7 bankruptcy, you may redeem Read More
Read MoreThe 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
Read MoreLien 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
Read MoreWhat 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
Read MoreSeek 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
Read MoreChapter 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
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