Chapter 7 Non-Exempt Property Examples

A Chapter 7 bankruptcy is also known as a straight bankruptcy or a liquidation plan. Under this plan you work with your lawyer at selling off your assets to pay back your creditors. In this scenario you won’t have enough money to pay back your debts completely, but the plan itself will qualify, once completed, as a means of dismissing you from paying your debt further.

Since this is a liquidation plan, you will be responsible for liquidating many of your assets. You will be able to keep some assets (your lawyer will help you sort through what you can keep). See the Chapter 7 exempt property blog for more details. In general you will be able to keep a car, some clothing, household items and furniture. In addition you will be able to keep tools required to perform your job and a limited amount of jewelry (including wedding bands) within a particular value. There are other examples of exempt property that you are able to keep, which your lawyer will be able to go into detail with you after reviewing your financial questionnaire. Other types of property will be considered “non-exempt,” which means you will need to give it up.

Common Examples of Non-Exempt Property:

  • Second motor vehicle (car or truck)
  • Motor vehicle of a high value
  • Second home, including vacation homes
  • Collections of monetary value such as coins, stamps, etc
  • Family heirlooms that have monetary value
  • Financials such as cash and bank accounts
  • Investments such as stocks, bonds, CDs, mutual funds

If you have questions about what personal items that you can and cannot keep, you are not alone. People ask these types of questions to their bankruptcy lawyer all the time. Remember to be open and honest with your assets when you talk to your lawyer and he will help you protect as much personal property as you are allowed under the bankruptcy law.

Berry & Associates is a leading Atlanta bankruptcy law firm. They have 10 offices throughout metro Atlanta that help clients with Chapter 7 and Chapter 13 bankruptcy cases.

Filed under: Bankruptcy News — admin @ 2:12 pm

Chapter 7 Exempt Property

When a person files for Chapter 7 bankruptcy in Georgia they commonly ask their lawyer about how much personal property that they can keep. This question can be a complex process and a complicated question. To ensure that you maintain the most property possible your lawyer will request that you fill out an evaluation form. This form will help determine what assets you have that can be considered exempt property (i.e. items that you can normally keep) per the Georgia Chapter 7 law.

Common Examples of Chapter 7 Exempt Property:

  • Single car or truck (up to a certain value)
  • Essential clothing
  • Essential household items
  • Essential home appliances
  • Basic furniture
  • Certain jewelry (including wedding rings) >> value is limited
  • Tools required to perform your professional job**

** A computer may qualify as exempt property, including as a tool potentially.

In the above examples you’ll notice that there is alot of potential judgment that needs to occur to determine what is exempt and who must be sold. Having a skilled lawyer that is familiar with the bankruptcy code will help ensure you keep as much personal property as possible. Chapter 7 is a great opportunity for a fresh start, but that does not mean you shouldn’t focus on maintaining as much personal property as possible. Remember when discussing the personal property that you own with your lawyer to be open and honest. Your lawyer is there to help you and the more information you provide him, the better work he and his team will be able to you.

Related: Read about Chapter 7 Debts that can be Discharged.

For additional questions or to speak to a Georgia Chapter 7 bankruptcy lawyer, contact Berry & Assocaites. With over 10 offices located throughout metro Atlanta there is sure to be an office near your home.


The 5 Essentials to Provide Your Georgia Bankruptcy Lawyer

When choosing a bankruptcy lawyer you want to find a person that is experienced with your situation. You want him to be a lawyer that has worked with others in your community and who understands your individual financial situation and has worked with others that have a similar financial situation in the past.

Once you have selected a bankruptcy lawyer there are several factors to consider. For example, are you better qualified for Chapter 7 or Chapter 13? Do you know the difference between Chapter 7 (straight bankruptcy) and a Chapter 13 (repayment plan)? If not, this blog and this website offers a large amount of information on each topic.

Something to consider is how can you help your bankruptcy lawyer provide you with the best service possible. Below are five essential pieces of financial information that you should provide to your lawyer. With this information he will be able to better advise you of what type of financial options are available and will help you determine in what ways you can benefit the most from the U.S. bankruptcy code and Georgia bankruptcy code.

  1. List of Creditors
  2. Past Payroll Stubs (ideal is the last 6 months)
  3. Bank Statements (ideal is the last 3 months for checking, savings, and so on)
  4. Tax returns (ideal is the last 2 years)
  5. Estimated monthly budget (your income and all expenses, including house, cars, credit cards, medical bills and so on)

List of Creditors: This information is going to be critical to your bankruptcy lawyer. When completing this list you will want to include:

  • Creditor Name
  • Amount Owed
  • Account Number
  • Creditor Address

Having this information is not necessarily going to be a quick process. It is a process that needs to occur to get the right information to your bankruptcy lawyer. With this information he is better able to help develop a bankruptcy solution that works best for your situation. If you have questions about how to get this data or why it is needed, don’t hesitate to ask. Your lawyer and his team will be able to answer your questions. Who knows, often when a question is asked, another piece of a person’s finances is uncovered. If you have a question for Berry & Associates, give us a call!


Will Atlanta File for Bankruptcy aka Chapter 11?

It seems that many cities are filing for bankruptcy during the economic downturn. Continued demands of expenses, including operating costs, rising education and pension benefits have resulted in many communities facing economic difficulties. Could this happen in Georgia? Will Atlanta file for bankruptcy via Chapter 11?

If you asked this question a few years you would have likely been laughed it. The chances that a city could file for Chapter 11 bankruptcy were quite rare. It seems like it is becoming a bigger trend though. In 2011 it appears that every few weeks a community actually files for Chapter 11. Many communities will talk about it, and it is likely to start a debt about property taxes and budgets, but the difference in 2011 is that many have filed for bankruptcy. One of the most recent examples comes from the Rhode Island community of Central Falls filed for bankruptcy.

Atlanta has high educate costs, and an employee pool that has both high benefit expenses and pension costs. Atlanta has made many efforts to avoid the fate of communities such as Central Falls, RI. It has made difficult cuts, which has angered many. It has raised property taxes, which has also angered many. The efforts of Atlanta might be enough to avoid it from a Chapter 11 bankruptcy. If the city ever was to declare it would likely be the largest city in the U.S. to default.


Central Falls Files for Bankruptcy. Isolated or a Trend?

So far 2011 has not been a kind year for municipal governments and bankruptcy. Central Falls, RI is perhaps the most recent example. The small community of 19,000 was in the national news just last year when its school board voted to fire all teachers at its high school because the school board failed to meet an agreement with the teacher’s union. Even President Barack Obama got involved in the incident.

The showdown between Central Falls and its workers has continued into 2011. This time negotiations break down between the city and police and fire unions. When Central Falls ran out of options, they decided that filing Chapter 9 was the only option. Here’s the breakdown without the filing.

Central Falls: $5.6m Deficit

  • $22m in expenses
  • $16.4m projected revenue
  • City services reduced to minimal levels
  • Taxes increased to maximum levels

An incident earlier in the year in Idaho first drew national attention. Idaho’s Boise County filed for Chapter 9 protection after it had been determined that the county had violated federal law. The result was the county needed to pay $6.2m to a developer. Central Falls is facing a similar shortage. It is expecting a $5.6m deficit by next June.

A municipality to declaring bankruptcy seems to be an isolated incident, but it’s not. Locally in Georgia several counties have faced the risk of bankruptcy because they were unable to collect taxes on homes in default, including going through a bankruptcy procedure. This can also impact the cash flow of a municipality, which in turn can limit its ability to pay for services and obligations.

When a community declares Chapter 9 it distresses everyone. The value of the community decreases and as illustrated in Central Falls, the taxes that the community ends up seeking can go up, further hurting the buying power and ability to pay personal debt that many Central Falls residents are facing. The expected result can be a trickledown effect with and increased demand for people looking to file for Chapter 13 bankruptcy and Chapter 7 bankruptcy.

Filed under: Bankruptcy News — Tags: , , — admin @ 10:49 am

Why College Graduates Bankruptcy Filings are Expected to Rise

Seeing a recent college graduate can be energizing. You look at her and you see the excitement in her plans for the future. She has worked hard over the last few years and she is eager to get into a career. If you are experiencing this with a recent college grad then she has beaten the odds. For many college graduates, especially those with mounting debts, bankruptcy can be on their minds too often as landing their first salaried job. Recent college graduates bankruptcy rates are expected to rise in the next few years.

Sadly there isn’t going to be as much good news for many in the class of 2011 as there wasn’t for those in the past few year. The class of 2010 and class of 2009 have similar stories to tell. Ever since the great recession hit a few years back, the job market has radically changed. The college graduates of today were just starting in school when the economy soured. It is unlikely back then as they were thinking of what their major was going to be that they could picture the world that awaited them when they got out.

The average student that has graduated college in the last few years has magnified disadvantages over their peers. It seems like the costs of everything has gone up and their ability to afford the things expected by their peers is becoming tougher. Consider these debt-related challenges associated with recent college graduate increases in bankruptcy filings.

  1. Higher credit card debt
  2. Lower salaries (entry level)
  3. High student loans

For those students self-funding their education, keeping up with rent, and automobile, cable, internet and phone service is much more expensive than a student attempting the same just 10 years ago. Worst, the ability for a student of today to afford these things is not dramatically higher. For many recent college graduates, bankruptcy is becoming an option that they did not expect to consider.

For those students that did get an entry level job, it is unlikely that it is much higher than the entry level positions offered in the last few years. Add in gas that can easily top $4 a gallon at times, inflation in food prices and a requirement to keep up with minimum credit card payments and you have a stressful situation.

Flip through your television and it is hard not to see commercials encouraging college enrollment. Most people know that they will statistically make more money over a lifetime with a degree. What people don’t always factor in is the amount of debt it will take to get you out of school. For those college graduates considering bankruptcy, it is important to remember that student loans are almost impossible to be dismissed. You will have to pay those loans back. If you are facing student loans that are unable to be paid, try to talk to the company holding the loan. Sometimes loans can be deferred for a period of time.

It is important to pay your debts to the best of your ability. With high unemployment and graduates with 2-3 years of experience coming for entry level jobs that recent graduates are seeking, keeping up with living expenses, plus any credit card debt can be difficult. It is going to be tough. Avoid bankruptcy if you can. If you feel that all options have been explored, contacting a Georgia bankruptcy lawyer can an option worth exploring

Filed under: Bankruptcy News — Tags: , — admin @ 7:12 am

Personal Bankruptcy Filings Fall 18 Percent in July

Over 24,000 fewer people filed for personal bankruptcy in July 2011 versus July 2010 according to the American Bankruptcy Institute. ABI recently told its story to Reuters.com. Citing National Bankruptcy Research Center, the story is good news, especially considering that ABI is estimating 1.4 million bankruptcy filings will occur in 2011. This is down from an all time high of 1.53 million filings in 2010.

The news isn’t all good. It is expected that bankruptcy levels won’t fully peak off until consumer confidence levels are increased. Consumer spending plays such a critical role into bankruptcy filings. Recent news suggests that consumer spending may not be increasing soon and in fact a double dip recession could be already here.

  • U.S. consumer spending fell 0.2% in June. This is the first decline since September 2009.
  • There is typically a 12-18 month lag in consumer spending declines and increased bankruptcy filings

So what does this mean for the country? What does this mean for Georgia consumers?

Nationally the increase consumer spending is a potential leading indicator of why personal bankruptcy filings are expected to be at 1.4 million this year from a high of 1.53 million last year. This also means that personal bankruptcy filings could increase in 2012 if consumer spending trends continue.

If you facing high debt levels, bankruptcy is a legal option that you can explore. There are two types of personal bankruptcy filings, Chapter 7 and Chapter 13. They each offer different solutions to a debt problem.

  • Chapter 7 bankruptcy, is also known as a straight bankruptcy. This is a good potential option if you have minimal assets and want to make a clean break.
  • For those with high debts and assets that they are looking to protect, a Chapter 13 bankruptcy is a potential option. In a Chapter 13 you look to negotiate a repayment plan with your creditors.

Need an Atlanta Bankruptcy Lawyer? Contact Us:

Have a question about debt options? Contact Berry & Associates. With 10 metro Atlanta bankruptcy law offices, we have local lawyers than can help answer your questions on a potential filing.


Fulton County Leads June 2011 Georgia Foreclosures

Earlier this month RealtyTrac announced that Georgia was 6th in US foreclosures for June 2011. This data is dramatic with the Atlanta area leading the state of Georgia in foreclosure actions. Fulton County had 1,235 foreclosure actions in June 2011. This impacted that 1 out of every 360 homes. Fulton County primarily covers the city of Atlanta.

While the Fulton County numbers are high, residents of other counties are also being severely impacted by tough economic times. For example, Clayton County had 437 actions in June, but unlike Fulton where 1 out of every 360 homes were impacted, Clayton saw foreclosure actions in the county affect 1 out of every 246 homes. To the north of Atlanta, Cherokee County proportionally was much better, seeing 1 out of 287 homes affected.

Thousands of Homes in Metro Atlanta:

Other than Fulton County, other heavily populated counties in Georgia saw high foreclosure actions in June. While Fulton saw 1,235 foreclosure actions, DeKalb County saw 936 and Cobb County saw 763. One of the most heavily impacted counties was Gwinnett County with 1,129 foreclosure actions or 1 out of every 256 homes.

Foreclosure & Bankruptcy Considerations:

Declaring bankruptcy is an option many people facing foreclosure consider. Any bankruptcy lawyer will likely agree that simply declaring bankruptcy will not prevent a foreclosure by itself. Other actions and filings often are required to help provide maximum potential that you home will not be lost. If you have questions about how bankruptcy can affect your home and a potential foreclosure, contact a local Berry & Associates office and request a free consultation.

Quick Links – Finding a Local Berry & Associates Office

Below is a list of our bankruptcy offices in Fulton, Gwinnett, Cobb and Clayton.

Fulton County Berry & Associates Atlanta Bankruptcy Lawyer
2751 Buford Highway
Suite 400
Atlanta, GA 30324
Tel: (404) 235-3328

Gwinnett County Berry & Associates Duluth Bankruptcy Lawyer
3235 Satellite Blvd.
Building 400, Suite 300
Duluth, GA 30096
Tel: (404) 425-5181

Cobb County Berry & Associates: Kennesaw Bankruptcy Lawyer
125 Townpark Dr.
Suite 500
Kennesaw, GA 30144
Tel: (404) 425-5184

Clayton County Berry & Associates Jonesboro Bankruptcy Lawyer
7183 Jonesboro Rd.
Suite 100
Morrow, GA 30260
Tel: (404) 425-5183


GA Foreclosures are 6th Highest in US

Some troubling news for Georgia homeowners came out recently. 11Alive reports that Georgia had the 6th highest foreclosure rate in the U.S. for the first half of 2011. The news was originally compiled by RealtyTrac’s Midyear 2011 Market Report. The the high national foreclosure rate is bad, there may be some good news in it as well for those facing a potential foreclosure.

Georgia had 60,870 foreclosures in the first half of 2011. Georgia foreclosures were down 15.4% from the same period of 2010.

Georgia’s year over year decrease of 15.4% is lower than the national average of 29%

Nationally there were 1,170,402 foreclosure filings in the first half of 2011.

“Foreclosure” is being defined by RealtyTrac as a default notice, scheduled auction or bank repossession

Foreclosures Actions Drop 15.4% Year over Year:

Georgia’s foreclosure rate is down, which many would think means that the housing market is getting better. In reality, foreclosures are down because of procedural delays. This is resulting in pushing foreclosures out. It is estimated that approximately one million foreclosure auctions that should have taken place in 2011 will be pushed into 2012, if not later.

If you are facing a foreclosure, the time to act is important. Some options may be available, but it will depend on your situation and your current outstanding debt. If you haven’t already, now is the time to contact an experience bankruptcy attorney. Your Georgia bankruptcy attorney will be familiar with the bankruptcy code and how it can be applied to your financial situation.

Give Berry & Associates a call. Whether you are near Duluth, Newnan, Dalton, or Conyers, there is a local office near you. We have 11 metro bankruptcy law offices that you can schedule a free consultation with.


FTC Announces Georgia Customer Refunds for Overcharges

For 19,529 Georgia customers of Countrywide Home Loans they will receive a share of the millions of dollars in a payout from overcharges. The FTC settlement focuses around refunding customers that had a loan in default, but were charged increasing fees for property inspections, maintenance and other services such as title searches. The period that the events covers is January 1, 2005 through July 1, 2008.

Countrywide was purchased by Bank of America in 2008. The settlement was originally reached with the FTC in June 2010.

By the Numbers:

  • $108 million: settlement cost between Countrywide and the FTC
  • 450,177: number of customers affected nationally
  • 19,529: number of Georgia customers affected
  • July 21, 2011: Date the checks begin to be mailed
  • September 19, 2011: Date the checks should be cashed
  • 1-888-230-3196: Number to call if you believe you should have received a check, but didn’t

In Georgia this case has impacted thousands over the last few years. Also under investigation lately has been the allegation of unfair practices conducted by mortgage companies to foreclose on a home.

Is your home in danger of foreclosure? Are you facing a possible bankruptcy because of mounting debts? Contact Berry & Associates and learn about your options. We have 11 metro Atlanta locations. We have helped over 20,000 residents file for bankruptcy in Georgia.

Filed under: Bankruptcy News — Tags: , , — admin @ 7:22 am



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