Transcript: Good Morning! This January 13th, 2020, This is Bankruptcy attorney Jeff Kelly and today I would like to speak with you about how the 11th Circuit has laid out a roadmap for the rules for Discharge Violations. So, I want to start off here talking about the stupidity of banks. What kind of creditor is dumb enough to violate bankruptcy laws and send collection letters to a debtor after a debt has clearly been discharged? In a Chapter 13 bankruptcy, answer? Nation Star Mortgage. In the case of Arlene Roth, she clearly intended to surrender her house under chapter 13 bankruptcy that was filled December 22nd 2010. Roth received a discharge on June 27th 2014. Nation star was notified of the discharged and they received many, many, many letters and they clearly knew about the discharge. About 4 months after entry of discharge, the bank started Roth monthly statements related to her mortgage. Can you imagine the stress of going to 4 years of a bankruptcy case, fighting to make it work, pull it together, you do, you get your discharge and then? You start receiving collection letters. I bet this was extremely stressful on miss Roth. Nation Star never foreclosed on the property during the entire time of her Chapter 13. Who is dumb enough to let a house sit for 4 years and rot? Answer?Nation Star Mortgage. Roth’s attorney contacted Nation Star and was ignored. The statements kept coming. Roth then filed a ...
Transcript: Hello, this is Jeff Kelly and today I would like to talk to you about stopping a car repossession in Georgia. Whenever you file a Chapter 13, your creditor is barred from repossessing your car. If you file a Chapter 13 bankruptcy, your your car is protected by what’s called the automatic state. Now, just last week, I was meeting with a client who said, Hey, I, you know, I can’t file on my car, because I signed a contract that said that I can’t file bankruptcy on it. Well, here’s the truth about that situation. Number one, you cannot sign away your constitutional rights. So it really doesn’t matter what your contract says. If you file chapter 13, your car is protected. Secondly, whenever you file any type of bankruptcy case, you have to list all of your dads and all of your assets. So you cannot pick and choose which ones you’re going to listen Lift everything. And we again, we do not need the permission of the car company to protect your car. Now, it’s very important that you get a case number before that car is repossessed if you got a bankruptcy case number, and they come and repossess your car anyway, the car company is setting themselves up to get sued. Your bankruptcy attorney can file what’s called an adversary and car ...
Hello, this is Georgia bankruptcy attorney, Jeff Kelly and today is May the 11th, 2020. Today I would like to talk about how an ex can sneak up on you and put stinky shoe-shoe on your Chapter, 13 bankruptcy case. Is there anything worse than some hated ex coming back into your life? No, there’s not, but in some bankruptcy cases, it happens. You know that yuck feeling that you get when you hear that voice inside your head say, “Oh no. Now I have to deal with – fill in the blank.” It makes my stomach hurt when I give people the bad news. The number one way that an ex can cause problems in your Chapter 13 bankruptcy case is when they have co-signed on a car with you. Now, in most Chapter 13 cases, we are able to lower interest rates on automobile debt down to around 6% ish. This feature of Chapter 13 is awesome and is particularly wonderful when you have an interest rate of 30% and we’re knocking it down to 6%. What a relief, right? But all this can go out the window, if you have an ex that was involved in the purchase of your car. If an ex is co-signed on the car with you, this is super problematic because if we try to lower the contract interest rate, the creditor will be able to sue the ex for the eliminated portion of the debt. As you can imagine, they will scream and holler to the hilltops. To protect any co-signer from being pursued by a creditor, we can take advantage of the co-sign and protection provision ...
