Recent Articles

Will Recent Use of Credit Cards for Necessities Like Food and Clothing Prevent me from Filing Bankruptcy?

Jonathan Ginsberg
January 17, 2012 02:31

There is no perfect time to file for bankruptcy.  Ideally, you should wait to file at a point when you have not touched your credit cards for several months and your credit card charges over the past year have not taken a big jump.  Further there is less chance that you will face any objection if...

Student Loan Debt may be a Bigger Problem than Credit Card Debt

Jonathan Ginsberg
October 20, 2011 16:08

USA Today recently reported that student loan debt in the United States, which totals $850 billion, now exceeds outstanding credit card debt in the U.S., which totals $828 billion.USA Today gets its numbers from a web site publisher named Mark Kantrowitz, who publishes two scholarship matching...

Beware of “Emergency” or “2 Page” Bankruptcy Filings

Jonathan Ginsberg
September 26, 2011 01:59

A typical Chapter 7 or Chapter 13 petition requires you to submit well over 50 pages of documentation, including:your schedules – which includes a detailed budget, a list of all creditors including addresses and account numbers, a detailed list of assets with estimated valuations, detailed...

How do Georgia Residents Protect Joint Tax Returns in a Joint Bankruptcy Filing?

Jonathan Ginsberg
September 05, 2011 22:34

As a debtor’s attorney, one of my goals is to help my client protect as many of their assets as possible when filing for bankruptcy.  The Bankruptcy Code allows us to shelter certain assets by declaring them as exempt. More on How do Georgia Residents Protect Joint Tax Returns in a Joint...

Will You Lose Your Jewelry if You File Chapter 7?

Jonathan Ginsberg
August 30, 2011 22:17

Usually, when I meet with a prospective bankruptcy client, the first question I get is “how long will it take me to recover after filing bankruptcy” and the second question I get is “will I have to give up my personal items like furniture and jewelry?” More on Will You Lose...

Retirement Plans and Bankruptcy

Jonathan Ginsberg
July 19, 2011 15:42

When I am meeting with clients, I get a lot of questions about retirement plans.  Often, I see clients who have very little equity in property, and even less cash, but they may have $25,000 or $30,000 in an IRA or a 401(k).   How does having several thousand dollars in a retirement plan impact your...

Can Facebook Ruin Your Bankruptcy

Jonathan Ginsberg
June 08, 2011 12:08

Social Media sites, and Facebook in particular, have changed the practice of law.  Divorce lawyers regularly review the opposing party's Facebook profile for evidence of adultery or hidden assets.   Prosecutors present online photos to juries as evidence of guilty behavior.  Bill collectors...

Words of Wisdom for High School Graduates

Jonathan Ginsberg
June 06, 2011 17:04

Yesterday, my son graduated from high school.   His class selected a math/environmental sciences teacher named Nicole Brite to deliver the faculty address to the senior class.  Ms. Brite delivered a spectacular address which was meaningful, witty and thoughtful (and she received a well deserved...

Reaffirmation Requires Written and Signed Contract Between You and Your Creditor

Jonathan Ginsberg
May 30, 2011 23:45

I have written before about the pros and cons of entering into a reaffirmation agreement with one or more of your secured creditors.  On the plus side, reaffirming a secured debt gives you a degree of certainty – you are once again in a contractual relationship with your creditor.  You know...

Are Social Security Overpayments Dischargeable in Bankruptcy?

Jonathan Ginsberg
May 26, 2011 02:56

Because I handle both personal bankruptcy cases and Social Security disability cases, I frequently get questions about the interrelationship between these two areas of law.   A question I get at least once a month has to do with whether a Social Security disability overpayment is dischargeable in...