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What Happens to a 401(k) When You File for Bankruptcy?

When you have worked for so many years to build up your retirement savings, the last thing you want is for creditors to come after your 401(k) account if you file for bankruptcy. . Fortunately, whether you file a Chapter 7 or Chapter 13 bankruptcy case, your 401(k) account is considered to be a protected Read More

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Converting a Bankruptcy Proceeding from Chapter 13 to Chapter 7

If you are unable to afford your payments under a Chapter 13 bankruptcy repayment plan, you may have the ability to convert your case into Chapter 7 bankruptcy instead, unless you already received a Chapter 7 discharge at any time in the last eight years. The process of converting your case is relatively simple; however, Read More

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Implications of the SCOTUS Ruling in Wellness International vs. Sharif

On May 26, the U.S. Supreme Court issued a ruling in Wellness International v. Sharif, a case that will have major implications for bankruptcy law throughout the nation. The court decided Article III does not prevent judges in bankruptcy cases from issuing final judgment on claims that only attempt to augment the bankruptcy estate and Read More

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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

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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 www.makinghomeaffordable.gov. All of these programs seek to help homeowners dealing Read More

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Filing Bankruptcy to “Undo” the Mistake of Co-signing for Debt

     Throughout our lives we will be faced with the opportunity to help out family and friends in need of financial assistance.  A common way for people to achieve this is through co-signing on a loan.  When you co-sign with someone else you make yourself equally liable for the debt with the co-borrower.  If everything Read More

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Specialized Forms of Bankruptcy in Georgia

The three most common types of bankruptcy — Chapter 7, Chapter 13 and Chapter 11 — account for nearly all business and personal bankruptcy filings in Georgia and the rest of the United States. There are also several other types of bankruptcy available under the U.S. Bankruptcy Code that are less commonly used, but they Read More

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How Can I Get Debt Relief from a Creditor who is Garnishing My Wages?

Although not all creditors can or will garnish your wages, when you owe debt, aggressive creditors can do so. They must follow a specific process, but unscrupulous creditors may take advantage of consumers who are unaware of their rights. Athens Chapter 7 bankruptcy lawyers keep you informed of your rights and protect you along the Read More

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Avoiding Loan Modification Scams

The real estate and foreclosure crisis has taken an untold toll on the lives of many Georgia residents.  Our state has been particularly hard hit and continues to wade through the recovery process.  What adds to the difficulty is the number of scam artists who have surfaced trying to take advantage of those who are Read More

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Should I Reaffirm a Debt in a Chapter 7 Bankruptcy Proceeding?

You may have heard that you can “reaffirm” a debt in a Chapter 7 bankruptcy proceeding.  The decision whether or not to reaffirm a debt is a delicate one, and best undertaken only with the assistance of a qualified Athens Chapter 7 bankruptcy lawyer, as it will affect your legal rights and obligations. First of Read More

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