Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: Bankruptcy Exemptions

Homestead Exemption: Double Exemption Available Where Debtor Does Not Have Sole Ownership Of Residence

In In re Antman, 2024 WL 4786241, Ch. 13 Case No. 23-60317-ejc (Bankr. S.D. Ga. Nov. 14, 2024), the debtor’s father died in 1996 and in his will left his house to debtor and her three siblings in equal shares. Debtor and her husband had lived in the house since 1999. Debtor filed a Chapter… Continue Reading

Roth IRA Is Exempt Under New Georgia Exemption Laws, 11th Circuit Says in Case of First Impression

In In re Hoffman, 2022 WL 203415 (11th Cir. January 24, 2022) (click here for .pdf) the issue before the Court was whether Roth IRAs were exempt pursuant to 11 U.S.C. §541(c)(2) or O.C.G.A. § 44-13-100(a)(2)(E).  This is a case of first impression in the Circuit, based upon recent amendments to the Georgia exemption statutes.… 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