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AV Preeminent Peer Rated Attorneys
Georgia Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Georgia Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 1320 Ellsworth Industrial Boulevard, Suite A 1000, Atlanta, GA 30318

  • 303 Perimeter Center North, Suite 300, Atlanta, GA 30346

  • Lithia Springs, GA 30122

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  • 110 3rd Avenue S.E., Moultrie, GA 31776-0068

  • 418 Westview Dr., Villa Rica, GA 30180

  • 5909-D Peachtree Dunwoody Rd., Ste. 800, Atlanta, GA 30328-8103

  • 124 S. Broad St., Monroe, GA 30655-6568

  • 905 Kipling Dr., N.W., Atlanta, GA 30318

  • 315 W. Ponce De Leon Avenue, Suite 815, Decatur, GA 30030

  • 300 Drayton St., 3rd Fl., Savannah, GA 31412

  • 229 Peachtree St. NE, Ste. 450, Atlanta, GA 30303

  • 880 Shadowridge Drive S.E., Atlanta, GA 30316-2645

  • 825 Second Ave., Columbus, GA 31902-1133

  • 27 Courthouse Sq., Dallas, GA 30132-4131

  • 1770 Indian Trail Rd., Ste. 200, Norcross, GA 30093

  • 3905 Harrison Rd., Ste. 100, Loganville, GA 30052

  • 160 Clairemont Ave., Ste. 200, Decatur, GA 30030-2501

  • 945 Broad St., Ste. 410, Augusta, GA 30901

  • 2295 Henry Clower Blvd., Ste. 201, Snellville, GA 30078

  • 1401 Peachtree St. N.E., Ste. 500, Atlanta, GA 30309

  • 1922 Forsyth St., Macon, GA 31208-4086

  • Decatur, GA 30031-0550

  • 323 E. Jackson St., Thomasville, GA 31799

  • 30 Woodruff St., McDonough, GA 30253

  • 7742 Spalding Dr., Ste. 401, Norcross, GA 30092

  • 2180 Satellite Boulevard, Suite 180, Duluth, GA 30097

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I file bankruptcy on our mortgage without my wife being affected?

Lorena Lee Saedi
Answered by attorney Lorena Lee Saedi (Unclaimed Profile)
Bankruptcy lawyer at Saedi Law Group, LLC
If your wife wishes to retain the property and you do not you can file a Chapter 7 to wipe out your obligation on the debt. Your wife in turn can file a Chapter 13 bankruptcy and if "lien stripping" is a common practice in her district you she can apply for a lien strip. If you and your wife are co-signers on any debt you can discharge your liability but her liability will remain. If she files a Chapter 13 case those creditors can seek the ensure balance from her. Of course if she is in a 0% repayment plan to unsecured debt that really is not an issue.
If your wife wishes to retain the property and you do not you can file a Chapter 7 to wipe out your obligation on the debt. Your wife in turn can file a Chapter 13 bankruptcy and if "lien stripping" is a common practice in her district you she can apply for a lien strip. If you and your wife are co-signers on any debt you can discharge your liability but her liability will remain. If she files a Chapter 13 case those creditors can seek the ensure balance from her. Of course if she is in a 0% repayment plan to unsecured debt that really is not an issue.
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What can we do to get another loan modification?

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Answered by attorney Tony E. Carballo (Unclaimed Profile)
Bankruptcy lawyer at Carballo Law Offices
There is nothing you can do but keep applying for loan modifications. If the bank gives notice of trustee's sale then you might consider filing a Chapter 13 case to stop the foreclosure and maybe apply again or contest the denial of the loan modification possibly. In the Chapter 13 you might be able to strip off the lien for the second mortgage so you will end up just owing the first and hopefully with better terms after getting a loan modification. You should consult with a bankruptcy attorney so that you are ready to file the bankruptcy case if necessary and prevent the bank from foreclosing. I believe that the banks take your loan modification application more seriously if you are in bankruptcy so if you have already tried and failed maybe doing it while in a bankruptcy case may improve your chances of getting it. You also need a professional to help yo with the loan modification. It is not just filling out an application. How it is filled out and documented is very important to getting approval, particularly in cases like yours where the income may appear not to be sufficient to qualify.
There is nothing you can do but keep applying for loan modifications. If the bank gives notice of trustee's sale then you might consider filing a Chapter 13 case to stop the foreclosure and maybe apply again or contest the denial of the loan modification possibly. In the Chapter 13 you might be able to strip off the lien for the second mortgage so you will end up just owing the first and hopefully with better terms after getting a loan modification. You should consult with a bankruptcy attorney so that you are ready to file the bankruptcy case if necessary and prevent the bank from foreclosing. I believe that the banks take your loan modification application more seriously if you are in bankruptcy so if you have already tried and failed maybe doing it while in a bankruptcy case may improve your chances of getting it. You also need a professional to help yo with the loan modification. It is not just filling out an application. How it is filled out and documented is very important to getting approval, particularly in cases like yours where the income may appear not to be sufficient to qualify.
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Can I file bankruptcy for child support arrears? How?

Lorena Lee Saedi
Answered by attorney Lorena Lee Saedi (Unclaimed Profile)
Bankruptcy lawyer at Saedi Law Group, LLC
Yes. You can file a Chapter 13 bankruptcy and put the arrears in the repayment plan. This plan can stretch for 5 years which should give you some breathing room. Once your case is filed however you will have to resume making your normal monthly child support commitments.
Yes. You can file a Chapter 13 bankruptcy and put the arrears in the repayment plan. This plan can stretch for 5 years which should give you some breathing room. Once your case is filed however you will have to resume making your normal monthly child support commitments.
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