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Category Archives: Consumer Bankruptcy Guide

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11th Circuit – Debtors Can Strip Wholly Unsecured Second Lien In Chapter 7 Case

Posted in Consumer Bankruptcy Guide, Eleventh Circuit Cases, Northern District Cases
In McNeal v. GMAC Mortgage, LLC, et al, No. 11-11352 (11th Cir. May 11, 2012) (click here for .pdf) the issue before the Court was whether a debtor in a Chapter 7 case can strip a second priority, unsecured lien from her residence.  At least in the Eleventh Circuit, a debtor can strip the unsecured second … Continue Reading

When Are 529 Educational Funds Property Of The Bankruptcy Estate?

Posted in Consumer Bankruptcy Guide, Miscellaneous Cases, News and Comments
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

Posted in Consumer Bankruptcy Guide, News and Comments
"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

Posted in Consumer Bankruptcy Guide
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 in Consumer Bankruptcy Guide
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 in Consumer Bankruptcy Guide
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 in Consumer Bankruptcy Guide
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