Recently, a Bankruptcy Judge in the Southern District of Georgia has determined that a Debtor in a Chapter 13 bankruptcy cannot alter the terms of a title pawn transaction through a Chapter 13 repayment plan. A Chapter 13 bankruptcy does allow...
Read moreCONSUMER BANKRUPTCY REQUIREMENTS THAT NEED TO BE ELIMINATED
Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. Many new requirements and restrictions were imposed with the goal of creating uniformity in the evaluation of bankruptcy cases. It also added many...
Read moreCANCELLATION OF DEBT INCOME AND BANKRUPTCY: WHY SHOULD I BE CONCERNED?
As tax time approaches, many taxpayers are going to learn the hard way about cancellation of debt income when they file their taxes. If a creditor decides to forego the collection of a valid, undisputed debt, they may decide to cancel or...
Read moreGetting the Most of Your Income Tax Refund for Budget-strapped Consumers
As tax time approaches, and you are one of the fortunate ones to receive a significant refund, take the time to consider what you are going to do with it. This is especially important if you are behind on your bills, or may have gotten carried...
Read moreThe New Bankruptcy Forms: Are They More Helpful for Pro Se filers?
Effective December 1, 2015, the Bankruptcy Courts of the United States required the use of recently revised petition and schedule forms. The petition and accompanying schedules have been lengthened considerably. The additional length is a product...
Read moreCan Bankruptcy Improve My Credit Score?
It is easily understood why a bankruptcy would have a negative impact on a consumer’s credit score, but it is also important to remember why a potential lender is reviewing your credit history. The lender wants to evaluate the risk of default or...
Read moreCommon Mistakes to Avoid When Your Income is Reduced
As a bankruptcy attorney who has met with thousands of distressed consumers in the Augusta area, I have had the opportunity to evaluate the different methods that people have used to reduce their expenses in situations where income has been...
Read moreHomeowner’s Association Fees & Bankruptcy
A frequent issue that arises in bankruptcy cases in Augusta, GA is the treatment of Homeowner’s Association fees (“HOA fees”) or regime fees. These fees represent an assessment against all homeowners in the association to maintain and improve...
Read moreDebt Management Plans: When It Makes Sense and When It Doesn’t
Many people who encounter financial hardship and fall behind on their credit card payments may consider a debt management plan. [i] In the standard debt management plan, a third party contacts the credit card companies on behalf of the consumer...
Read moreThe Cost of Consumer Bankruptcy and How It Has Increased in the Last 10 Years
There is no question that the cost of filing bankruptcy for a typical consumer has increased dramatically in the Augusta, Georgia in the last 10 years. Some of the increases are easy to identify, such as the increase in court-imposed filing fees...
Read moreDrive It or Dump It, Part 2: What to Do If the Car is Not Worth Keeping
This article is a follow-up to a previous article regarding the factors to be considered for a consumer who is considering the filing of a Chapter 13 bankruptcy to save a car from being repossessed by the lender. This article will address the...
Read moreDrive It or Dump It? When It Makes Sense to Keep a Car in Bankruptcy, or Let It Go
There is no question that reliable transportation is essential to functioning as part of the American economy. Whether it be the means for an employee to get back and forth to work, or for a retiree to travel for necessary medical care, we must...
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