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Federal benefits are not eligible for garnishment

  • 19
  • May
    2012

About a year ago, a new law went into effect which protects federal benefits from attempts at garnishment by credit card companies and other creditors. While this law is extremely helpful for Georgia residents that receive veterans' or Social Security benefits, it comes with a fairly long list of qualifiers and requirements. As such, it is important to understand the law's fine print in order to avoid an unexpected garnishment.

When banks receive a garnishment order, they must review the bank account in question before complying with the order. If the account contains federal benefits, then the bank may not allow those funds to be garnished. Protected benefits include Veterans Affairs, Social Security, Supplemental Security Income, Railroad Retirement, Railroad Unemployment Insurance, Civil Service Retirement System or benefits from the Federal Employees Retirement System and the Office of Personnel Management.

Court dismisses Octomom's bankruptcy petition

  • 16
  • May
    2012

Just last week, we wrote about the personal bankruptcy filing of Nadya Suleman, the woman who gained notoriety (as well as the unfortunate nickname of 'Octomom') after giving birth to octuplets in 2009. Now, it appears that Suleman's Chapter 7 bankruptcy petition has been dismissed after the mother of 14 reportedly failed to file required documents with the bankruptcy court overseeing her case.

Suleman's failure to comply with the requirements of her case will likely have far-reaching effects on her finances and her large family. With the dismissal of her bankruptcy petition, her creditors are once again free to go after her and seek the payment of various debts. Suleman is estimated to owe between $500,000 and $1 million to nearly two dozen creditors ranging from her electric and gas companies to the schools attended by her children.

Music stars who have filed for bankruptcy

  • 14
  • May
    2012

If you're dealing with debt, you have probably had this thought: "If only I had more money, all of my debt problems would disappear." However, as evidenced by the many movie stars, professional athletes and musicians who have filed for bankruptcy, that is not necessarily the case.

Often, debt and bankruptcy are the result of circumstances that are completely out of the debtor's control. Other times, however, they are the product of excessive spending and poor money management. Unfortunately, the latter seems to be the reason that many of the following legendary music stars have filed for bankruptcy.

Rebuilding your credit after bankruptcy

  • 11
  • May
    2012

One of the most common reasons that Georgia residents resist filing for bankruptcy is the fear of what such a filing will do to their credit score. And that fear is not unfounded: bankruptcy generally causes your credit to drop, especially if it is a Chapter 7 filing which involves the discharge of your unsecured debts.

However, what many people fail to realize is that a credit score decrease is not permanent by any means. While it may take time for your credit to recover, it will happen eventually. In the meantime, there are a few things you can do to boost your credit and ensure that you are spending responsibly in the wake of your bankruptcy.

Octomom files for Chapter 7 bankruptcy

  • 08
  • May
    2012

Nadya Suleman, the woman who became famous after she gave eight additional siblings to her six children by having octuplets in 2009, has reportedly filed for bankruptcy.

In her Chapter 7 bankruptcy filing, the mother of 14 stated that she has just $50,000 in assets and $1 million in debt - more than 20 times as much as the value of her assets. This reportedly includes $30,000 in back rent owed to her landlord, who says that he has fallen behind in mortgage payments as a result of Suleman's failure to make rent.

Study: College students lack financial literacy

  • 04
  • May
    2012

Despite the efforts of the federal government to reduce the availability of credit cards to college students, credit card use has skyrocketed among young people in Gainesville and across the state and country. And according to a recent study, members of this demographic are severely lacking in knowledge about credit cards and the impact of credit card debt on their financial future.

In 2004, the average college student had just under $950 in credit card debt, according to the study. By 2009, that number skyrocketed to more than $4,000. In 2009, the Credit Card Accountability, Responsibility and Disclosure (CARD) Act was passed, making it more difficult for credit card companies to distribute to target college students. However, the damage may already have been done.

Federal judge files for Chapter 7 bankruptcy

  • 02
  • May
    2012

In news reports and even on our Atlanta bankruptcy blog, it often seems that the only people who file for bankruptcy or let their home go into foreclosure are people who are in relative poverty or are dealing with the loss of a job, medical expenses or some other costly circumstance. However, that is not the case. The economy has had a negative impact on people with a wide range of financial means, from the entry-level office worker who is laid off during downsizing to a federal judge who can no longer keep up with his mounting debt.

The latter situation is actually taking place right now in California, where federal district judge Otis Wright II has filed for Chapter 7 bankruptcy along with his wife. According to the court filing, the couple was forced to file for bankruptcy after the judge's wife's business began to suffer during the economic recession and its aftermath.

Why are student loans still nondischargeable in bankruptcy?

  • 27
  • April
    2012

In a recent survey of bankruptcy lawyers in Georgia and throughout the U.S., more than 80 percent of respondents stated that they have seen an increase in clients with student loan debt in recent years. However, this growing number of student loan debtors are unlikely to garner any significant relief from the bankruptcy process, due to a federal law that prevents the discharge of student loan debt in bankruptcy.

In recent weeks, student loans have been the focus of much attention at a national level, with President Obama calling for Congress to halt a scheduled doubling of the interest rate on federal Stafford student loans. Regardless of whether this passes, it will have no effect on older borrowers who are deep in debt and unable to make their monthly payments.

Many Atlanta children are affected by foreclosure

  • 24
  • April
    2012

In recent years, there have been countless reports on the effects of the foreclosure crisis on homeowners and renters, especially those in Georgia and the other hardest-hit states. However, few reports have focused on one of the largest and most seriously-affected groups of people: the children who are forced to move out of a home or rental property after it is foreclosed upon and repossessed.

According to the study from First Focus, a bipartisan family advocacy group, about 2.3 million U.S. children have lived in homes lost to foreclosure since the housing crisis began nearly five years ago. In addition, about 3 million children currently live in homes that are seriously delinquent on mortgage loans or that are already in the foreclosure process, placing them at a high risk of repossession. Another 3 million lived in rental properties that were lost to foreclosure, or currently live in rental homes that are at risk of being repossessed.

Bankruptcy vs. debt settlement: which is better?

  • 20
  • April
    2012

If you are deep in debt and don't anticipate your financial situation getting any better in the near future, you may be exploring your options for getting rid of your debt and starting over. Obviously, a Chapter 7 or Chapter 13 bankruptcy filing is one of these options. But, due to the common misconceptions about bankruptcy and a variety of other reasons, many people choose to work with a debt settlement company to repay their debt and get back on solid ground.

So which is the better solution? Is it better to file for bankruptcy or to go the debt settlement route?

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http://www.gingoldbankruptcylaw.com 877-419-0450 Gingold & Gingold has been filing bankruptcies for individuals since 1971. If you are looking for experienced debt relief attorneys, contact the Atlanta, Georgia law firm for bankruptcy help.

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