NEW BANKRUPTCY FORMS FOR 2016

This year has been interesting for the legal system,  and there has been a lot of changes within the law.   The law changes every year for the bankruptcy system including the bankruptcy forms.   The forms have already started circulating so beware of these changes.  I suggest that you don't go alone
trying to fill out the forms yourself,  due to the complicated issues in bankruptcy and the new forms.
You can file a bankruptcy pro se,  however,  get someone that know how to prepare your paper for you.   Bankruptcy attorneys and Paralegals are the best source to turn to for help,  if you are going to file a bankruptcy.

  

BANKRUPTCY UPDATE

There are two types of debts in bankruptcy,  secured or unsecured,  and secured debts are those that have collateral attached to them such as a house or car.   Filing of list, schedules, and statement are dismissed if not file with the petition or filed within 14 days of the petition.  The court will automatically dismiss any case not following procedures.  Remember that all states have local state rules when you file bankruptcy. 

 

DIVORCE IN VIRGINIA

Divorce in Virginia involves you, your spouse and the Commonwealth.  Virginia expects a valued reasons why should break up.  Grounds for divorces are: 
1.  Adultery, sodomy, or even burglary outside the marriage
2.  The cause of apprehension, bodily harm or willfully deserted or abandon
3.  A conviction of a felony
4.  A separation of one year or 6 month
The factor for spousal support are:
1.   Obligation, need for financial resources including income from pension, profit sharing or retirement.
2. Standard of living during marriage
3.  Spouse contribution, monetary, non monetary regards to distribution of home,
4.  Each spouse  financial assets
5.. Provision made with regard to destruction of the mental ability
6.  The extent to which age,  condition of special circumstance of child to the spouses
7.  The spouse earning and current employment
Spousal support for long term marriage depends on death or remarriage and for short term marriages
it is limited and call rehabilitation support.
For more information please contact us.

  

Chapter 7 and 13 In Gerogia

There are some situation in which a chapter 13 is preferable to  a chapter 7.    A chapter 13 will help you if you are behind in your mortgage payments or other property that you want to keep that the payments are behind.  If you have valuable property that is not covered by Georgia bankruptcy  exemption you will probably  need to file a chapter 13.  People also file a chapter 13 if they have too much income.  However,  the vast majority of people file a chapter 7.  Remember bankruptcy can help you save your home by stopping foreclosures,  and garnishments. and you get the protection of the court immediately.  Bankruptcy is not the sign of death as it was once considered,  look at the positive side of getting back on track.

  

IS THERE AN EQUAL DISTRIBUTION IN GEROGIA

The first question a lot of couple filing for divorce ask is whether they or their spouse is entitled to half of marital property.  The answer is that Georgia law dose not require marital property to be divided equally.  Georgia courts apply the principles of equal division, which mean that the appointment of marital  property  between spouses  is to be a fair division, not necessarily 50-50.  It is divided case by case, and some factors are (1) if each spouse contribute to the acquisition and maintenance of the property (2)  the duration of the marriage.  This is a case by case decision and Georgia is an equal distribution state, not community property.