Atlanta Bankruptcy Law Blog

Bankruptcy offers protection from lawsuits

On behalf of Gingold & Gingold LLC posted in Bankruptcy on Monday, January 28, 2013.

As some Atlanta readers already know, bankruptcy can offer protection from civil lawsuits. A recent bankruptcy filing by former criminal defendant Casey Anthony will likely take advantage of that benefit, since Ms. Anthony remains the subject of some current and possible civil lawsuits related to the criminal charges that she was acquitted of in 2011.

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Tags: automatic stay, bankruptcy, lawsuit

Personal finance author files for Chapter 7 bankruptcy

On behalf of Gingold & Gingold LLC posted in Chapter 7 on Saturday, October 27, 2012.

The author of personal finance books "Rich Dad, Poor Dad" and nearly a dozen other financial guides has filed for Chapter 7 bankruptcy for one of his companies. The bankruptcy filing was reportedly motivated by a nearly $24 million legal judgment that was won against the company earlier this year.

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Tags: Chapter 7, bankruptcy, lawsuit

Evidentiary issues plague Georgia credit card debt lawsuits (2)

On behalf of Gingold & Gingold LLC posted in Bankruptcy on Friday, August 31, 2012.

Earlier this week, we began a discussion of the growing problem of inaccurate or outright fraudulent credit card debt lawsuits. Thousands of these suits are filed every month in metro Atlanta courts, and advocates say that number will probably continue to rise.

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Tags: Georgia, credit card debt, creditors, debt collector, lawsuit

Evidentiary issues plague Georgia credit card debt lawsuits (1)

On behalf of Gingold & Gingold LLC posted in Bankruptcy on Wednesday, August 29, 2012.

Throughout the economic recession and its aftermath, much attention has been paid to mortgage fraud and the other issues that led to the foreclosure crisis. Lawmakers and advocates continue to work to identify those issues in order to ensure that innocent homeowners can no longer be harmed by fraud and other predatory practices.

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Tags: Georgia, credit card debt, creditors, debt collector, lawsuit

Burt Reynolds faces foreclosure lawsuit

On behalf of Gingold & Gingold LLC posted in Foreclosure on Wednesday, August 17, 2011.

A foreclosure lawsuit has been filed against veteran actor Burt Reynolds, alleging that he has not made a mortgage payment on his Florida vacation home in almost one year. The threat of foreclosure comes just a few years after Reynolds placed the mansion up for sale and subsequently removed it from the housing market due to the troubled economy.

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Tags: Florida, foreclosure, lawsuit, mortgage, mortgage lenders

Celebrity chef files for Chapter 7 bankruptcy

On behalf of Gingold & Gingold LLC posted in Chapter 7 on Tuesday, May 3, 2011.

Last month, we wrote about the automatic stay, a useful bankruptcy tool that immediately halts all creditor claims, collections and lawsuits at the moment of a bankruptcy filing. Most often, such a stay fulfills a legitimate need of the bankruptcy filer: to suspend creditor claims, giving the debtor the time and freedom to get his finances in order while also avoiding foreclosure and other financial consequences.

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Tags: Chapter 7, automatic stay, bankruptcy, creditors, lawsuit

In Landmark Case, Court Voids Two Foreclosures

On behalf of Gingold & Gingold LLC posted in Foreclosure on Friday, January 7, 2011.

Earlier today, the Massachusetts Supreme Judicial Court sent down a news-making ruling voiding the foreclosures of two local homes. According to the court, the complicated mortgage paper trail obscured the actual ownership of the homes and made it so the mortgage lenders did not hold clear titles to the properties when they instituted the foreclosures. Although this is a Massachusetts state ruling, its effect is expected to be felt in Georgia and throughout the country as homeowners fight back against alleged improper foreclosure practices.

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Tags: foreclosure, foreclosure rates, housing market, lawsuit, mortgage lenders

Does Facebook Contact Constitute Debt Collector Harassment?

On behalf of Gingold & Gingold LLC posted in Bankruptcy on Friday, December 10, 2010.

Currently, over 500 million people around the world use the social networking site Facebook. For some, it has become one of the only means of communication. Therefore, it seems harmless that a creditor would use the website to contact a debtor who owes money, right? Wrong, according to one such debtor, who has filed a lawsuit against a debt collection firm after a representative allegedly sent messages to the debtor's family members in an effort to get in contact with the debtor. Attorneys and advocates say that this kind of contact from creditors crosses the line, and is a potential violation of privacy and consumer protection laws, as well as the federal Fair Debt Collection Practices Act.

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Tags: Facebook, bankruptcy, debt, debt collector, lawsuit

Georgia Foreclosures Continue at Lightning Speed

On behalf of Gingold & Gingold LLC posted in Foreclosure on Friday, November 26, 2010.

As the nation determines its collective next step in regards to foreclosures and the allegations of improper foreclosure practices recently made against major lenders, experts say that Georgia foreclosures are unlikely to slow down in the coming months and, possibly, years. This is largely because of certain unique sections of Georgia's foreclosure laws, which place the legal (and corresponding financial) burden on homeowners to fight against Georgia foreclosure in court.

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Tags: Georgia, bankruptcy, foreclosure, foreclosure rates, lawsuit