By Scott Riddle Posted in Consumer Bankruptcy Guide,Northern District CasesIn the case of In re Ruff, 2022 B.R. 1638964, Ch. 7 Case No. 20-68855-pwb (Bankr. N.D.Ga. March 31, 2022) (click here for .pdf) the issue was whether the educational loans owed by the Debtor were “consumer” debts as defined by 11 U.S.C. §101(8) of the Bankruptcy Code, and incorporated into 11 U.S.C. §707(b). If… Continue Reading
By Scott Riddle Posted in Consumer Bankruptcy Guide,Miscellaneous CasesIn In re Tingling, __ F3d __, 2021 WL 922448 (2nd Cir. March 11, 2021) (click for .pdf), the Debtor filed an adversary proceeding seeking discharge of her student loans. The Bankruptcy Court determined that the debtor failed to meet the Brunner Test, and the District Court affirmed. The Debtor appealed to the Second Circuit,… Continue Reading
By Scott Riddle Posted in Consumer Bankruptcy Guide,Eleventh Circuit CasesThe 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
By Scott Riddle Posted in Consumer Bankruptcy Guide,Georgia State Cases,Miscellaneous CasesDid 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
By Posted in Consumer Bankruptcy Guide,Eleventh Circuit Cases,Northern District CasesIn 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
By Posted in Consumer Bankruptcy Guide,Miscellaneous Cases,News and CommentsSection 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
By Posted in Consumer Bankruptcy Guide,News and CommentsThe new Means Test figures were recently released for cases filed on or after November 1, 2012. The Georgia figures are below, and you can see the entire chart on the U.S. Trustee’s website. Median Income For Georgia Household Size New Median (11/1/2010) 1 $40,378 2 $50,901 … Continue Reading
By 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
By Posted in Consumer Bankruptcy GuideBy: 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
By Posted in Consumer Bankruptcy Guide,News and CommentsPosted By: Scott B. Riddle, Esq. (Ph: 404-815-0164) I can’t attest to the accuracy of this, but you can find an online means test calculator by clicking here. It is not a replacement for sitting down with a lawyer, but may provide individuals some idea how close they are to qualifying for a Chapter 7… Continue Reading
By Posted in Consumer Bankruptcy GuidePosted By: Scott B. Riddle, Esq. (Ph: 404-815-0164) Note: The following is a reprint (retyping) of a Guide for Consumer Bankruptcy in Georgia. There are several sections, and I hope to get them all posted over the next couple of weeks as I review them and note any changes because of the new law or… Continue Reading
By Posted in Consumer Bankruptcy GuidePosted 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
By Posted in Consumer Bankruptcy GuidePosted 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
By Posted in Consumer Bankruptcy GuidePosted 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
