Kelly Bankruptcy

Bankruptcy Podcast

Latest Episodes

April 14, 2019
Chapter 7 Bankruptcy – What is it and how can it help me?

Chapter 7 Bankruptcy – What is it and how can it help me?

Transcript: Hello, this is Jeff Kelly and tonight I’m going to talk to you about chapter 7. What is it? And how in the world can it help you? Many people like to refer to chapter 7 as the Fresh Start provision of the bankruptcy code, because it basically allows you to wipe out all of your debt and get a fresh start. And a chapter 7, what we do is we want to show the court that you were unable, based on your budget to pay the debt that currently hangs over you. Approximately 90 days after we file your chapter 7, you’re going to be granted a discharge, which means that you’re no longer liable for that debt. Usually, one of the first questions I get is how much is this going to cost and the total charge for filing a chapter 13 in my office right now is 1400 dollars. This cost includes your filing fee, the attorney’s fees, but in both your classes that are required by the bankruptcy code. Well, chapter 7 may be simple in theory, there’s a lot of different factors to consider. For example, not every kind of debt can be discharged. And chapter 7 debts that arise from drunk driving, or you know, some type of intentional action, it’s not gonna get discharged student loans, child support, post petition homeowners associations, fees post petition ...

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April 14, 2019
Chapter 13 Bankruptcy – What is it and how does it work?

Chapter 13 Bankruptcy – What is it and how does it work?

Transcript: Hello, my name is Jeff Kelly. I’m a bankruptcy attorney from Rome, Georgia. I’ve been practicing consumer bankruptcy for approximately 14 years. I’ve got office located. My main office is located in Rome, Georgia. I’ve got satellite offices located in Dalton, Cartersville in Dallas, Georgia as well. What I’d like to do in this podcast is talk about chapter 13. What is it? And how could it possibly help you? Many people like to refer to chapter 13 bankruptcy as the catch your breath provision of the code is designed for people who have money to pay back their creditors but who just can’t do it all tomorrow, like the creditors are demanding when creditors are making those harassing phone calls, threatening letters, Chapter 13 stops all that 1013 gives you time to catch your breath while you while you pay your creditors. Chapter 13 can stop foreclosures, it can stop garnishments, lawsuits, and repossessions of your car. You do not need the permission of your creditors to obtain chapter 13 bankruptcy relief. Okay. Now the first step you need to do if you’re thinking about meeting with the bank attorneys make a list of all your debts. Every debt you have in the world, a lot of people ask, Well, can I pick this one? Can I leave this one out? Now ...

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April 14, 2019
How To Stop A Garnishment in Georgia

How To Stop A Garnishment in Georgia

Transcript: Hello, this is Jeff Kelly, and today I’d like to talk to you about stopping a garnishment in Georgia. When your employer is served with the garnishment, it is extremely important that you take action as soon as you can. If you don’t do anything, if you try to ignore it, here’s what’s going to happen, the creditor is going to take up to 25% of your net paycheck. In other words, if you take home $500 a week, they’re going to get $125 a week. Here’s how the garnishment process normally works in Georgia. First, the creditor is going to file a lawsuit against you. In most cases, the local sheriff is going to drive up to your house and serve with court papers. You know if you dispute this claim, if you think somebody’s trying to pull a fast one on you and you don’t really owe this debt, you really need to hire an attorney and you need to respond to this lawsuit, you need to get an answer filed within 30 days of being served. Otherwise, a creditor is going to obtain a default judgment against you. Once they obtain the default judgment, the creditor is then going to apply for a garnishment and the court will then serve papers on your your employer. Now, this is really important to note. If you’re the court papers are going to clearly state that your employer has 45 days to ...

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April 14, 2019
What is a Motion For Relief in Bankruptcy Court?

What is a Motion For Relief in Bankruptcy Court?

Transcript: Hello, this is Georgia bankruptcy attorney, Jeff Kelly and this evening I am going to talk about a motion for relief. Okay, if you are in an active chapter 13 case, and you receive a motion for relief, as a general rule, this is not a good thing. Let me tell you why. Let’s say you are in a chapter 13 and you are making payments on your house, but you know, hours get cut back at work, maybe some type of emergency pops up out of nowhere and you miss a few payments. Well, the creditor is going to respond by filing a motion for relief. Basically, a motion for relief from the automatic stay is a request from a creditor to the bankruptcy court for permission to take back collateral. In other words, if the creditor has rights to your house, they want permission to get out of bankruptcy court and start foreclosure. proceedings. Oftentimes we’ll have a client, they’ll come in and they say, Well, you know, I’m not sure I buy all this stuff about how chapter 13 protects you because I had a friend who filed, but they still lost their house. How does that happen? Well, here’s how it happens. Somebody files chapter 13. They put the IRS in the plan, and all they have to do is make the future mortgage payments. But like I said earlier, sometimes things happen. And when you miss ...

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April 14, 2019
What Should I Do If My House is Underwater in Georgia?

What Should I Do If My House is Underwater in Georgia?

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April 14, 2019
Can I Get A Loan Modification While I Am In An Active Chapter 13 Bankruptcy?

Can I Get A Loan Modification While I Am In An Active Chapter 13 Bankruptcy?

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