Bankruptcy Law Blog
Senator Saxby Chambliss Addresses Georgians' Financial Struggles on Hannity & Colmes
Tuesday, December 2, 2008 by Matthew T. Berry
One day before the big Georgia Senate race runoff election, Senator Saxby Chambliss went on popular Fox News show Hannity & Colmes and spoke about the financial challenges facing many in our state.
Senator Chambliss pointed out that Georgia ranks 5th highest in the U.S. in foreclosures. He also spoke about the large number of Georgia voters that are worried about making their mortgage and car payments, and also about losing their jobs.
Regardless of the... Read More
Bankruptcy vs Debt Settlement
Monday, December 1, 2008 by C. Lee Schwilm
Many times, often due to unforeseen circumstances, individuals find themselves struggling to make monthly payments on ever increasing and overwhelming debt. For some individuals, overspending and living beyond one’s means can be attributed to their current debt situation. For many others, illness, divorce, or loss of employment is the primary cause of the individual’s existing financial strains and stresses. Receiving frequent calls and letters from the debt collectors increase... Read More
Georgia Senate to Review Bankruptcy Homestead Exemption
Friday, November 28, 2008 by Matthew T. Berry
Berry & Associates has learned that visiting Emory University law professor Laura Spitz was scheduled to testify before the Georgia Senate Study Committee on Bankruptcy Homestead Exemptions.
The hearings, which will also include testimony from debtors, attorneys and creditors, were expected to cover topics such as raising the homestead exemption for consumer bankruptcy filers in Georgia.
What does this say to us? It certainly reinforces the fact that bankruptcy law is... Read More
Student Loans and Personal Bankruptcy
Thursday, November 20, 2008 by Matthew T. Berry
Can I discharge my student loans by filing bankruptcy?
This question is asked very frequently by our clients. And like many legal questions, the answer is that it depends.
Generally, student loans are not dischargeable in a bankruptcy proceeding, meaning the debtor (borrower) must repay the loan. However, the law provides an exception to this general rule in a section of the bankruptcy code referred to as the "undue hardship... Read More
My "Wish-List" for the New President & Congress
Wednesday, November 5, 2008 by Michael L. Detzky
America has spoken and chosen our new President and Congress telling them resoundingly that they want CHANGE. As a bankruptcy and immigration lawyer who has increasingly found himself in the last few years unable to help desperate clients due to draconian changes in our laws instituted in the last eight years, here is my personal "Wish-List" for the new Administration:
1. Reverse the infamous Bankruptcy Reform Act of 2005 and the unnecessary, ineffective, and... Read More
Bankruptcy Offers Way to Save Home From Foreclosure
Thursday, October 30, 2008 by Michael L. Detzky
There's a lot of talk out of Washington about new plans and schemes to help homeowners in financial distress from losing their homes in foreclosure. Unfortunately, that's all it is, talk. Nothing concrete or definitive has yet been enacted into law and it's doubtful that there will be any relief at all until after the election. Instead of waiting for new relief out of Washington that may never come, homeowners in distress should consult with an experienced bankruptcy lawyer about how... Read More
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