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Bankruptcy

Read up on bankruptcy topics in our blog.

Discharging Debt Through Bankruptcy

Filing bankruptcy has specific advantages. Discharging debt is one of the main benefits. In simple terms, a discharge eliminates a person’s responsibility to pay back their debt. A person can receive a discharge in both a Chapter 13 and Chapter 7 bankruptcy. It is important to know that not all debts can be discharged in bankruptcy. Continue Reading

Predatory Lending: Your Rights

Federal law protects consumers from illegal mortgage lending practices. In 2010, as part of the Dodd-Frank Act, the federal government created The Consumer Financial Protection Bureau. The Consumer Financial Protection Bureau was given the task of protecting consumers from predatory lending, and other potentially misleading practices engaged in by banks and other lenders. If you believe that you have been a victim of predatory lending, you can report your concerns to the Consumer Financial Protection Bureau. Continue Reading

Eviction: Can Tenants in Bankruptcy Be Evicted?

If you are struggling with finances at the moment and are a renter in an apartment or condominium complex, then you may be worried about eviction. If you fall too far behind on your rent, then your landlord may have the right to evict you from your place of residence in order to find a tenant who will pay as promised. Eviction is a completely legal process and the landlord will need to go through the court in order to obtain an eviction notice for the tenant who is creating difficulty. The process of eviction can have negative effects on the tenant’s credit, and he may not be able to rent a new apartment. If a tenant files for bankruptcy then both the federal laws and the Georgia laws govern whether the landlord can evict that tenant. Continue Reading

Is a Bankruptcy Lawyer Required to File?

Unless you are filing as a corporation, you are not required to have a lawyer to file bankruptcy. As an individual, you can choose to represent yourself during a bankruptcy proceeding. While you can represent yourself, I would never advise someone to do so. In my opinion, outside of tax law, bankruptcy is the most complex area of law. Unless you are fully versed in bankruptcy, the different types of bankruptcy, and the laws regarding bankruptcy filing, it is strongly recommended that you consult with an experienced Marietta bankruptcy lawyer at Cherney Law Firm, LLC. Continue Reading

Determining Whether Bankruptcy is Right for You

One of the most common questions potential clients ask me is whether they should file bankruptcy. In all honesty, there is no set answer to this question. Determining whether bankruptcy is right for any household is both a serious and difficult division. It is essential that you are properly informed about bankruptcy. When considering bankruptcy, one must know the answers to these three questions: first: am I eligible to file bankruptcy; second: what are the different types of bankruptcy; and third: are there any alternatives to bankruptcy? Continue Reading

Chapter 13 Bankruptcy in Georgia

Since I am licensed to practice bankruptcy in Georgia and Illinois, I have had the unique opportunity of examining consumer bankruptcy law in both jurisdictions. While each jurisdiction differs greatly in many respects, one constant remains: bankruptcy provides people a financial fresh start. A fundamental goal of the federal bankruptcy laws is to provide everyone a financial fresh start. This goal is accomplished through a bankruptcy discharge. A debtor that files for bankruptcy can obtain a discharge in either a Chapter 7 or Chapter 13 case. Continue Reading

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