Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Jonathan C. Ginsberg
1 Answer | Asked in Bankruptcy for Georgia on
Q: My husband filed for chapter 13 and it was approved. He has been making payments always on time. He got a letter

Saying it might be dismissed because debtors plan will exceed 60 mo. by 4 mo. They already signed off on it several months ago! Why is this when it was their error?

Jonathan C. Ginsberg
Jonathan C. Ginsberg
answered on Apr 2, 2018

It is not the trustee's error. Claims sometimes come in higher than expected or sometimes they are amended. Also, if your husband missed a payment or only paid a partial payment, then the term could exceed 60 months. Chapter 13 is a giant math problem and the trustee's system spits... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Can a chapter 13 wipe out a mortgage if no claim is filed?
Jonathan C. Ginsberg
Jonathan C. Ginsberg
answered on Apr 2, 2018

The secured creditor's failure to file a proof of claim does not eliminate the lien filed in your state clerk's records. If the secured lender does not file a proof of claim it will not participate in the Chapter 13 distributions but its lien and right to collect remain and will survive... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: Can i file personal unsecured loans in bankruptcy and if yes.will i have to pay them off?
Jonathan C. Ginsberg
Jonathan C. Ginsberg
answered on Apr 2, 2018

You have to include all debts including personal unsecured loans. If they are truly unsecured they will either be discharged (in a Ch. 7) or paid as unsecured (in a Ch. 13).

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.