News Topic: Consumer Bankruptcy Guide
Search Results
Georgia’s New $50,000 Homestead Exemption (And Why It’s Really Worth More)
Georgia Homestead Exemption Increases to $50,000.00/$100,000.00 on July 1, 2026
Manufactured Home Is Not “Motor Vehicle” So Cram Down Of Secured Loan In Chapter 13 Plan Is Not Prohibited By Hanging Paragraph of §1325(a)
Judge Coleman – Vehicle Cannot Be Exempted as Tool of Trade
In In re Cady , Ch. 7 No. 24-41026-ejc, 2025 WL 1587266 (Bankr. S.D. Ga. June 4, 2025) the issue was whether the Debtor, a real estate agent, could claim an exemption in her vehicle as a tool of the trade. ... Read full article
US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned
The Trap of Merchant Cash Advances and Financing
If you have a business, you have no doubt received advertisements for “ merchant cash advances ,” “merchant loans” or “merchant financing,” whether or not those specific terms are used. If in doubt, just do a search for those terms and you will get a ... Read full article
Judge Bonapfel – When Are Educational Loans Business Debts For Purposes of Qualifying for Chapter 7?
Second Circuit Court Of Appeals: “We Said What We Said” About Brunner Test And Student Loans
11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer
The 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 surprising ... Read full article
Georgia Supreme Court: Foreclosure Confirmation Requirements Can be Waived By Borrowers And Guarantors
Did 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 ... Read full article
Student Loan Discharge: Opinion Of Judge Walker of Middle District Of Georgia Illustrative Of "Certainty Of Hopelessness" Required For Discharge
The opinion of Judge Walker in the case of In re Williams (Williams v. American Education Service, et al, ), 2013 Bankr. LEXIS 2050 , Adv. Proc. No. 12-5059 (Bankr. M.D. Ga. May 13, 2013) is a good example of the standard that must be met to discharge ... Read full article
11th Circuit - Debtors Can Strip Wholly Unsecured Second Lien In Chapter 7 Case
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 ... Read full article