How is an overpayment of Unemployment Compensation handled in bankruptcy – is it dischargeable?

Over the past few years, a lot of people have been losing their jobs and in order to make ends meet, they have filed for unemployment compensation benefits. In an effort to get back to a financial normalcy, they collect their benefits each week and look for that illusive job. They make things work as best they can, but then nothing happens and the bills continue to pile up. On top of those bills piling up, a letter comes from the Department of Labor explaining that the state made a mistake … [Read more...]

What happens to my credit report?

Did you know that filing a bankruptcy case does affect one’s credit report in a negative way?  Many debtors are under the belief that by filing bankruptcy, they will never ever be able to buy a house, car or anything else because they filed bankruptcy.  While filing bankruptcy is not going to produce a positive spin on a debtor’s credit history, nothing can be further from the truth.  Clients have shared with me the fact that they have taken a 200 point hit while others only 100 points.  … [Read more...]

Filing for Bankruptcy in Georgia

You know you're in debt way over your head. You say to yourself, I can make this work if I just have a little more time. Unfortunately, time may not be on your side. If you have considered filing for bankruptcy or if you want to find out what options you have, Call me, your Atlanta bankruptcy lawyer, at 770-396-4323 or email me today for a no-cost evaluation of your case. With over twelve years experience, I can usually tell within five minutes whether (1) you should even consider … [Read more...]

Can Bankruptcy Really help?

Many times, debtors aren’t sure whether filing bankruptcy will really help their situation or hurt them. The word bankruptcy has a tinge of negativity to it. History shows that the word comes from the Latin terms bancus (a bench or table), and ruptus (broken). Additionally, Italians have been known to use the word “bancarupta”which means bench broken or bank broken quite often when a banker/tradesman could not make good on his debts. So it is understandable when people try to find other ways to … [Read more...]

Blog

Here you will find the results of some of my legal research on various issues clients have come to me with regarding their bankruptcy. Some of this is rather technical, more lawyer talk than conversational, but it is all part of what a good bankruptcy attorney knows. … [Read more...]

Annuities and bankruptcy filings in Georgia

Annuities and bankruptcy When a bankruptcy case is filed, one of the questions asked is how does the debtor earn his or her income? When you have a younger, working age debtor, that answer most likely will be that he or she has a job. However, when dealing with older, retired debtors, they may not earn income but receive income from investments. One way might be an annuity that provides a certain amount of funds every month. The question then is whether this annuity income may be claimed as … [Read more...]

What are credit card companies allowed to do when attempting to collect on your delinquent account in Georgia?

Consumers need to know that protection against unscrupulous collection practices is in place through the Fair Debt Collection Practices Act (FDCPA). The Act covers any collection activity related to a credit card, personal loan, auto loan, medical bill and even your mortgage. A creditor cannot, for example, contact a debtor about a debt owed during inconvenient times, i.e. before 8:00am and after 9:00pm. Creditors are not allowed to contact other people about a person’s debt but may inquire … [Read more...]

How to Hire a Bankruptcy Attorney in Atlanta

1. Don’t choose a bankruptcy lawyer based on cost alone. The expense of hiring a lawyer to assist you with your case can range anywhere from a few hundred dollars to over a thousand. Bankruptcy is not one of the major areas of practice for attorneys. It is a specialized area just like criminal law or  medical malpractice. Make sure you choose an attorney who has, as they say, been around the block a few times. 2. When looking for a bankruptcy lawyer, try to choose one who has been practicing … [Read more...]