Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Category Archives: Consumer Bankruptcy Guide

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11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer

The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the  Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers.  Not surprisingly, the court ruled in favor of the consumer although the arguments made by the collector did seem somewhat weak.  In Bishop v. Ross Earle… Continue Reading

Georgia Supreme Court: Foreclosure Confirmation Requirements Can be Waived By Borrowers And Guarantors

Did the Georgia Supreme Court effectively repeal the foreclosure confirmation statute by affirming the rights of lenders to include waivers in their standard loan documents for both borrowers and guarantors?  That appears to be the case.  In PNC Bank, NA v. Smith, No. S15Q1445, 2016 WL 690406 (GA 2016) (download .pdf), the U.S. District Court… Continue Reading

When Are 529 Educational Funds Property Of The Bankruptcy Estate?

Section 529 Plans are tax advantaged savings plans intended to encourage saving for future college costs. There are two types of qualified tuition programs: a prepaid tuition plan or a college savings plan They are authorized under Section 529 of the Internal Revenue Code (26 U.S.C. § 529).  Click here for a basic summary of 529 Plans. Are… Continue Reading

New Means Test Figures For Cases Filed After January 1, 2008

"Updated" Means Test Numbers for October 1, 2008.  If the numbers look similar, it is because they did not change.   Median Income For Georgia Household Size Current Median (pre 1/1/2008) New Median (10/1/2008)           1     $38,086      $39,253           2     $50,001      $52,055           3     $57,254      $59,668           4*… Continue Reading

New Foreclosure Hotline: 1-888-995-HOPE

By: Scott B. Riddle, Esq. From todays AJC – A campaign to stem rising numbers of foreclosures locally and statewide was announced Wednesday by metro Atlanta civic leaders and elected officials. Free counseling and a 24-hour hotline will be offered through the 1-888-995-HOPE campaign to help homeowners avert foreclosure. In 2006, metro Atlanta ranked second… Continue Reading

Guide To Consumer Bankruptcy Cases In Georgia: Exemptions – What Can I Keep In a Bankruptcy Case?

Posted By: Scott B. Riddle, Esq. (Ph: 404-815-0164) Note: This is the next section in the Consumer Guide to Bankruptcy in Georgia, re-typed for the Blog.  Comments and questions welcome.                                   GUIDE TO CONSUMER BANKRUPTCY LAW IN GEORGIA I. Introduction II. Chapter 7 Cases III. Chapter 13 Cases IV.  Exemptions: What Can I keep? One of… Continue Reading

Guide to Consumer Bankruptcy In Georgia: Chapter 13 Cases

Posted By: Scott B. Riddle, Esq. (Ph: 404-815-0164) Note: This is the next section in the Consumer Guide to Bankruptcy in Georgia, re-typed for the Blog.  Comments and questions welcome.                                   GUIDE TO CONSUMER BANKRUPTCY LAW IN GEORGIA I.  Introduction II. Chaper 7 cases. III.  Chapter 13 Chapter 13 Bankruptcy is often referred to as “reorganization” or… Continue Reading

Guide To Consumer Bankruptcy In Georgia: Chapter 7

Posted By: Scott B. Riddle, Esq. (Ph: 404-815-0164) Note: This is the next section in the Consumer Guide to Bankruptcy in Georgia, re-typed for the Blog.  Comments and questions welcome.                                   GUIDE TO CONSUMER BANKRUPTCY LAW IN GEORGIA I.   Introduction III.        Types of Bankruptcy 1.     Chapter 7 Chapter 7 Bankruptcy is often referred to as “liquidation,”… Continue Reading