Kelly Bankruptcy

Bankruptcy Podcast

Latest Episodes

July 23, 2020 00:04:53
5 Questions You Must Ask Before Hiring A Bankruptcy Attorney

5 Questions You Must Ask Before Hiring A Bankruptcy Attorney

Transcript: Hello, this is Jeff Kelly and Today is July 23 2020. Today we are going to talk about the five most important questions that you should ask before you decide to hire a bankruptcy attorney. There are some important questions that every consumer should ask before hiring a bankruptcy attorney. Hiring the right attorney will ensure that you get the best Fresh Start possible after completing your case. And after being a senior bankruptcy attorney in Georgia for over 22 years, I think I can offer some advice on this topic. First of all, you must ask How many years has this attorney practice consumer bankruptcy law. Of course, the longer the time the more training and experience he will have 10 years or more gives you a good probability that he’ll have specific legal knowledge to use in getting you the best outcome for your case. This specific knowledge not only relates to knowing the laws but also knowing the other lawyers judges and how they operate and being able to figure out the best strategy for your case. Secondly, you must ask, does this attorney limit her practice to consumer bankruptcy law? Do you want your attorneys caseload to include legitimising child, criminal law, handling divorces, child custody, real estate, firearms, reading wills and estates, probating estates and throwing for good measure consumer bankruptcy? I think not. Obviously, you would rather be represented by an attorney who limits his or her practice to consumer bankruptcy. Third, you must ask, how many bankruptcies has he handled? Obviously, you would rather have someone who has ...

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July 09, 2020 00:04:24
What is strict compliance in a Chapter 13 bankruptcy case?

What is strict compliance in a Chapter 13 bankruptcy case?

Transcript: Hello! this is Jeff Kelly, today is July the ninth 2020 and today we are going to talk about what is strict compliance in a chapter 13 bankruptcy case. Strict compliance in a chapter 13 bankruptcy is when your case has been placed on a period where if you miss a single chapter 13 payment your case is automatically dismissed without a hearing. Dismiss without a hearing is a bad thing because you have no time to prepare. The second your case is dismissed, the creditors are free to legally take action against you as soon as the law is as soon as the law allows. So how fast do you think a car creditor is going to come after your car and try to repossess it after your case is dismissed? Answer, as fast as they humanly can contrast a chapter 13 on strict compliance versus a case where strict compliance does not exist. Normally When a chapter 13 debtor falls behind on payments to the trustee, the hearing is set down with the bankruptcy court which gives them time to come up with the plan to make up for missed payments or in the alternative if you know your bankruptcy case is about to dismiss you could make plans for alternative transportation, when you know your car is about to get repossessed. In contrast, if a case is is on strict compliance, or chapter 13 case will be dismissed shortly after a payment is missed. All bankruptcy protection is lost as soon as the dismissal order is entered. Thank you, Lord, we do have gracious chapter 13 ...

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June 29, 2020 00:06:51
How to fight a creditor lawsuit

How to fight a creditor lawsuit

Transcript: Hello! this is Jeff Kelly, and in this podcast today I’m going to talk a little bit about How to fight a creditor lawsuit. So, In Georgia, consumers have the right to fight back against creditor lawsuits. In my experience, the people who I have seen have the most successful outcomes are victims of identity theft. Before I get into it, I wanna go something real quick. A lot of people will call me and say “Why in the world am I getting a letter from you just because I’m being sued?” Well, the answer is. I am a bankruptcy attorney and in my law practice, we send out a ton of direct mail advertisements to people who are getting sued. Often times, our letters will get to people before the sheriff will serve the lawsuit, particularly during this corona time. A lot of sheriff officers are being delayed for obvious reasons and our letter gets there first. So people understandably wanna know when they’re gonna get the information. Usually is about a week or two after our letter hits, but the sheriff is coming he will serve you with a complaint. And it’s very important to make note of the date you are served of the complaint because you have 30 days to respond to it. If you don’t respond, you’re gonna end up with a default judgment against you and that is very very bad because you could lose a lot of important rights. So, what you do if you’ve got a creditor lawsuit against you and you want to fight it? Well, if we’re talking about ...

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June 25, 2020 00:04:35
Don't let yourself get smacked by the tidal wave!

Don't let yourself get smacked by the tidal wave!

Hello, this is Jeff Kelly, and today is June 25th, 2020. And the title of today’s podcast is Don’t Let Yourself Get Smacked by the Tidal Wave. It is no secret that a tidal wave of vanquishes are coming down the pipe soon. Over 40 million Americans have lost their jobs due through no fault of their own because of this blasted, COVID 19 government four shutdown of our economy. What’s going to drive this tidal wave of bankruptcies is going to be a tidal wave of creditor lawsuits. So for almost five months, creditors in Georgia have not been able to get orders on the collection lawsuits they filed. And the deadline has been extended and been extended. And currently it’s going to be extended until about mid July. And this lack of enforcement has created a false sense of security for a lot of people. I, I bet there’s tons of consumers who have just completely forgotten about the lawsuit with all the strange stuff that’s been going on in the world. This is probably not top of mind and this false sense of security is about to get blown away. Once courts are allowed to operate at full capacity in mid July. So along with the tidal wave, a predictable nightmare is coming for many consumers in Georgia after the courts reopen. Some person is going to get their wages garnished out of the blue. They are going to see twenty five percent of their paycheck disappear. So what does this look like in real life? Someone who is expecting to see 500 hours in their paycheck is only going to get about three seventy five. Someone who ...

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June 22, 2020
What happens to the credit score after bankruptcy?

What happens to the credit score after bankruptcy?

Hello, this is Jeff Kelly. And in this podcast today, I’m going to talk about what happens to your credit score after bankruptcy. Am I doomed? For many years. What does my future look like? Will I ever be able to buy a new car at a decent interest rate? Will I ever be able to buy that house that I’ve always dreamed of? Is my financial future ruined forever as a bankruptcy attorney who has practiced in this area since 1998? I have heard questions like these hundreds of times. And the answer might shock you. The answer is this. Most people do recover within about two years, one to two years of filing Chapter 7 bankruptcy. How can that possibly be? You may say, well, first of all, usually by the time the clients come meet with me, the damage has already been done. Most potential clients have stopped paying credit cards. Many months ago, had cars repossessed. Been sued by creditors. Had wages garnished or had their house foreclosed. Any of these will put a major hit to your credit rating. For most people considering bankruptcy, like I said, the damage is already there. So the question is, what do we want to do going forward? Do you ever get a knot in your stomach when you think about your credit score? David, just feel sick to your stomach thinking about all that debt and the interest and late fees and just mess that’s hanging over you and it’s not going anywhere. Well, Chapter 7 might help make that pain ...

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June 15, 2020
How to protect yourself from thieves in a Chapter 13 bankruptcy case

How to protect yourself from thieves in a Chapter 13 bankruptcy case

Hello, this is Jeff Kelly and Today is June the 15th 2020. And today I want to talk about how to protect yourself from theft in a chapter 13 with NDC.org. Every active chapter 13 debtor should open an account with NDC.org, the cost is free, but the information you see could be worth a lot of money and save you from theft. Having an account with NDC.org will allow you to see every single proof of claim that has been filed in your bankruptcy case and it will also allow you to verify that your chapter 13 payments are being received by the trustee. Years ago I had a client whose employer took money from her paycheck, but never sent it into the trustee. We caught the error and had to sue the employer to get the money paid. Having an account with NDC.org allows you to catch stuff like this. Proof of claim is a form signed under oath, with supporting documentation that a creditor must file in a bankruptcy case in order to get paid. The proof of claim will tell the trustee the type of claim and the amount owed. If a creditor fails to file before the deadline in your case, they won’t get paid anything. For example, let’s say you had a car repossessed a few years ago, and owe the car creditor $10,000. If they fail to file a proof of claim on time, you will not have to pay that $10,000. Let’s change up the facts ...

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