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.   

  

NEW MEANS TEST FORMS FOR CHAPTER 7 IN 2015

This is the time of year that you need to pay close attention to the new laws and forms for Chapter 7 and 13.  The forms have changed to keep in tone with the new laws that will appear in 2015.
We have been apprised by these changes,  and I just want to pass on the word, however, the changes
will not stop you from filing a chapter 7,  but you will work a little harder on getting the job done.
We will let you know more as thing changes.

 

JUSTICE FOR ALL LEGAL SERVICE

Hi Ladies and Gentlemen, my name is Eunice Murray,  I am a certified legal assistant with Justice For All Legal Service.   This is a low cost legal aid service to help low income people who need justice.   I have been a legal assistant for over fifteen years, specializing in Family and Bankruptcy law.   This company has helped people in three different states,  North Carolina where I grew up,  and Virginia where I resided for a couple of years,  and Florida where I sometime reside now, including Georgia where I spend a lot of time with my big brother.   We will be updating our blog and website within the next few months,  and continue to look forward to working with you.   For more information you will be able to go to http://mdesignersinc.wix.com/justice4alllegal,  follow us on twitter at http://www.twitter.com/justice4allse  you can also keep up with me on facebook and instagram http://www.facebook.com/shawherbalhealinggarden  where I am also a holistic practitioner, and http://www.instagram.com/eunicemurray.  where you can see my fun side.   Let me be apart of your community. 

 

BANKRUPTCY IN VIRGINIA

.Bankruptcy in Virginia has a wild card that can be used to cover some exemptions.  If you have property that is secured by a loan such as a car or home, and your are current on the payments and the equality  is covered by your exemptions,  you may  elect to keep making payments on the loan,  and keep the property through bankruptcy.  If all equality is not covered by your exemptions, the trustee may elect to liquidate and distribute the proceeds.   Generally, in this case you will be entitled to the value of your exemptions in the exemptions of your access, in laymen turn,  you will keep your property.  The bankruptcy laws also allows joint couples to claim a full set of exemptions each,  unless otherwise
noted.  When filing bankruptcy in Virginia,  you have certain federal exemptions, as well as Virginia state exemptions.  For more information on exemptions call a bankruptcy lawyer or a bankruptcy preparer.   Visit our new website at http://mdesignersinc.wix.com/justice4alllegal.  We are still working on it to bring you more current data.