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Questions Answered by Jonathan C. Ginsberg

1 Answer | 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 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).

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 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 out terms... Read 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 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 the... Read more »

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