Savannah GA Bankruptcy Lawyer | Attorney

Chatham County GA Lawyer - Chapter 13 Bankruptcy

2009-11-03T21:37:00.002-05:00

Chatham County GA Lawyer - Chapter 13 Bankruptcy

A discharge releases the debtor from personal liability for discharged debts and prevents the creditors owed those debts from taking any action against the debtor or his or her property to collect the debts. As a general rule, individual debtors receive a discharge in more than 99 percent of Chapter 7 cases. In most cases, unless a complaint has been filed objecting to the discharge or the debtor has filed a written waiver, the discharge will be granted to a Chapter 7 debtor relatively early in the case, that is, 60 to 90 days after the date set for the meeting of creditors. The lien is still valid even after a Chapter 7 discharge.
In Chapter 13 bankruptcy, if you repay all of your debts in full, even if you have not yet reached the three or five year mark your plan will end no matter how much you earn. If for some reason you are unable to finish a Chapter 13 repayment plan the bankruptcy trustee may modify your plan. The trustee may:
1. give you a grace period, if the problem looks temporary
2. reduce your total monthly payments, or
3. extend the repayment period.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Bankruptcy Lawyer Savannah – Consolidate Debt

2009-11-01T20:13:00.002-05:00

Bankruptcy Lawyer Savannah – Consolidate Debt

It’s not easy to decide to file for bankruptcy. You’ve probably gone through a lot just trying to avoid it at all costs if you’re like most people, but there comes a time when even trying to consolidate debt does not work. After every other option seems to be exhausted, it may be time then to find a good bankruptcy attorney. Your bankruptcy attorney will serve as your beacon of light as you navigate the intricacies of the laws governing bankruptcy filing in your state. Your questions regarding the filing of bankruptcy will most definitely be answered by your bankruptcy attorney. You also need to voice out your concerns as well so that your bankruptcy attorney will do his best in carrying out your wishes. Also, your attorney will thoroughly explain to you why you need to file bankruptcy and why it is the only way to save your assets without making you feel like a failure. In fact, a lot of people find filing bankruptcy as a means of starting over, money-wise. Filing for bankruptcy is a complex process. Do not use those do it yourself bankruptcy kits. The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure and local rules of each bankruptcy court.
Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Chatham County GA Bankruptcy Attorney

2009-11-01T20:01:00.004-05:00

Chatham County GA Bankruptcy Attorney

Filing for bankruptcy is a complex process. Do not use those do it yourself bankruptcy kits. The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure and local rules of each bankruptcy court. You will need the services of an experienced bankruptcy attorney to guide you at all times. In choosing a bankruptcy attorney to work with you, one of the things that you should consider is his fees. Filing for bankruptcy is a complex process. Do not use those do it yourself bankruptcy kits. The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure and local rules of each bankruptcy court. Remember that you are in the middle of a personal financial crisis here, so your budget for your attorney is important. However, most attorneys are considerate when it comes to these things since they know the status of their clients. Aside from the attorney's fees, it will be helpful if you ask him about other costs that you might encounter, like court filing costs for instance. Post 2005, it simply is no longer feasible to file bankruptcy without an experienced bankruptcy attorney. An experienced attorney can help you choose the right chapter and get you a discharge.
Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

Savannah GA Bankruptcy – Chapter 7 Lawyer

2009-11-01T20:01:00.001-05:00

Savannah GA Bankruptcy – Chapter 7 Lawyer

Post 2005, bankruptcy law has undergone tremendous changes. Before you can file Chapter 7, you must first determine whether or not you qualify for this form of debt resolution. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), passed in 2005, established the means test as a method of weeding out Chapter 7 applicants who actually have enough money to pay off large portions of their debts. Those who do not qualify under the means test can instead file for Chapter 13 bankruptcy. The Chapter 13 debtor is entitled to a discharge upon successful completion of all payments under the Chapter 13 plan. In return for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for three to five years, a broader discharge is available under Chapter 13 than in a Chapter 7 case. Chapter 13 also has a special provision that protects third parties who are liable with you on consumer debts. This provision may protect your co-signers. Chapter 13 acts like a consolidation loan under which you make the plan payments to a chapter 13 trustee who then distributes payments to creditors. You will have no direct contact with creditors while under chapter 13 protection.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Best Bankruptcy Lawyer Savannah GA

2009-10-29T17:53:00.001-04:00

Best Bankruptcy Lawyer Savannah GA

Chapter 12 bankruptcy is another bankruptcy plan. It is almost identical to Chapter 13 bankruptcy. The main difference is that to be eligible for Chapter 12 bankruptcy, at least 80% of your debts must arise from the operation of a family farm. Chapter 12 has higher debt ceilings to accommodate the large debts that may come with operating a farm, and it offers the debtor more power to eliminate certain types of liens. Only a few hundred people file for Chapter 12 each year, while hundreds of thousands file for Chapter 13. You need a lawyer to file for Chapter 12. One reason why Chapter 12 is reserved for those in farming and other such businesses is because the debt to income ratio is usually too high for these businesses. Because of this, they can't turn to Chapter 11 or Chapter 13. Also, a filer must have more than 50% of their income coming from the business. This means if it is a part time business and the owner has another job as well, 50% of their income must come from the business being filed upon. Even if your spouse does not participate in the business, the name of your spouse must also be included in the Chapter 12 filing.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Savannah GA Bankruptcy Lawyer – Georgia Attorney

2009-10-29T17:52:00.001-04:00

Savannah GA Bankruptcy Lawyer – Georgia Attorney

Chapter 11 bankruptcy is a form of bankruptcy reorganization available to individuals, corporations and partnerships. It has no limits on the amount of debt, as Chapter 13 does. It is the usual choice for large businesses seeking to restructure their debt. When you need to reorganize your business due to heavy debts, you can file bankruptcy under chapter 11. This means that the business can continue running, while the court manages the company's debt and ensures that all legal obligations are met. Chapter 11 bankruptcy is a form of corporate financial reorganization which typically allows companies to continue to function while they follow debt repayment plans. A business filing a Chapter 11 bankruptcy may be a corporation, sole proprietorship, or partnership. Even though the owners of a corporation are its stockholders, the corporation is a separate entity so when a corporation is the debtor in a Chapter 11 bankruptcy the personal assets of the stockholders are not at risk. Occasionally, individuals may be able to file for Chapter 11 bankruptcy. A Chapter 11 plan is confirmed only upon the affirmative votes of the creditors, who are divided by the plan into classes based on the characteristics of their claims, and whose votes are a function of the amount of their claim against the debtor.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

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Chatham County Georgia Bankruptcy Lawyer

2009-10-28T09:37:00.002-04:00

Chatham County GA Bankruptcy Attorney

People suffering from debts and in financial difficulties can take recourse to bankruptcy. Each country has its own definition for bankruptcy. In US, the Bankruptcy Code offers protection to people who are bankrupt. If you are deep in debt and all options with the lenders have been exhausted, then the only option left is to file for bankruptcy. Bankruptcy is a legal procedure for dealing with the debt problems of individuals and businesses and discharges financial obligations. This procedure is covered under Title 11 of the United States Code (the Bankruptcy Code). The vast majority of cases are filed under the two main chapters of the Bankruptcy Code, which are Chapter 7 and Chapter 13. In case you intend to file bankruptcy, you can approach the court and file the list of all outstanding debts and assets. But you can only sell off those assets which are non-exempt, that is, which can be used for the repayment of debts. However, under the new Law, it is not that easy to qualify for bankruptcy. This is because the new law would require a debtor having salary above the median income level to undergo credit counseling at least 180 days prior to filing for bankruptcy.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

Savannah GA Bankruptcy Lawyer

2009-10-28T09:36:00.002-04:00

Savannah Georgia Bankruptcy Lawyer

The new bankruptcy law, officially known as The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, is aimed at making it more difficult for debtors to file for bankruptcy under chapter 7. A person’s whose income exceeds that of their state of residence’s median income will probably not qualify, to file under chapter 7 but rather under chapter 13. An experienced bankruptcy attorney can guide you in selection of the right Chapter. Selection of the right Chapter is very important. If your petition is rejected, there are restrictions on future bankruptcy filing.
According to the new law, you must complete credit counseling with an agency approved by the United States Trustee's office before you can file for bankruptcy under either Chapter 13 or Chapter 7. Because this counseling is to decide whether you need to file for bankruptcy, or if an informal payment plan would be a better alternative for your situation. The counseling is mandatory for everyone, even for people who know for certain that a repayment plan is not what they want. Moreover, those opting for bankruptcy will have to go through a Means Test which can determine the type of bankruptcy that he should file. When you qualify through the Means Test, the court appoints a bankruptcy trustee to supervise the payment of your debts.
Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

Bankruptcy Attorney Chatham County GA

2009-10-25T21:12:00.001-04:00

Bankruptcy Attorney Chatham County GA

The filing of a petition under Chapter 7 automatically stays most actions against the debtor or the debtor's property. This stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally cannot initiate or continue any lawsuits, garnish wages, or make telephone calls demanding payments. Creditors normally receive notice of the filing of the petition from the bankruptcy court clerk. One of the schedules that will be filed by the individual debtor is a schedule of exempt property.
Chapter 13 contains a special automatic stay provision applicable to creditors. Specifically, after the commencement of a Chapter 13 case, unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a consumer debt from any individual who is liable with the debtor such as a cosigner on a note. Consumer debts are those incurred for consumer, as opposed to business, needs. The debtor must file a plan of repayment with the petition or within 15 days thereafter, unless extended by the court for cause. The Chapter 13 plan must, among other things, provide for the debtor to contribute that portion of his or her future income as is necessary to meet the terms of the plan.
Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Savannah Lawyer Bankruptcy GA

2009-10-25T21:11:00.002-04:00

Savannah Lawyer Bankruptcy GA

Chapter 13 bankruptcy is designed for individuals with regular income who desire to pay their debts but are currently unable to do so. The purpose of chapter 13 bankruptcy is to enable financially distressed individual debtors, under court supervision and protection, to propose and carry out a repayment plan under which creditors are paid over an extended period of time. Under this chapter, debtors are permitted to repay creditors, in full or in part, in installments over a three year period, during which time creditors are prohibited from starting or continuing collection efforts. A plan providing for payments over more than three years must be “for cause” and be approved by the court. In no case may a plan provide for payments over a period longer than five years.

Chapter 13 bankruptcy proceeding allows the individual debtor to pay off the debts, either the entire amount or a part of it, with the help of a payment plan under the supervision of the court. Debtors filing this chapter can keep their assets with them while they follow the plan or after they have paid off the required portion of debt. It involves the rehabilitation of the debtor to allow the debtor to use future earnings to pay off creditors.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Bankruptcy Savannah Georgia - GA

2009-10-25T21:10:00.001-04:00

Bankruptcy Savannah Georgia - GA

As a general rule, individual debtors receive a discharge in more than 99 percent of Chapter 7 cases. In most cases, unless a complaint has been filed objecting to the discharge or the debtor has filed a written waiver, the discharge will be granted to a Chapter 7 debtor relatively early in the case, that is, 60 to 90 days after the date set for the meeting of creditors. The lien is still valid even after a Chapter 7 discharge.
Sometimes, the bankruptcy court may refuse to discharge the debts. The common grounds for denying a discharge to an individual debtor include:
1. The debtor failed to keep or produce adequate books or financial records;
2. The debtor failed to explain satisfactorily any loss of assets;
3. The debtor committed a bankruptcy crime such as perjury;
4. The debtor failed to obey a lawful order of the bankruptcy court; or
5. The debtor fraudulently transferred, concealed, or destroyed property that would have become property of the estate.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Savannah GA Bankruptcy Lawyer – Savannah Georgia Bankruptcy

2009-10-22T22:25:00.002-04:00

Savannah GA Bankruptcy Lawyer – Georgia Bankruptcy

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The individual may have secured debt and unsecured debt and how each of these is handled can vary from case-to-case. An individual seeking protection under chapter 7 of the United States Bankruptcy Code may have to relinquish a portion of their personal goods in order to satisfy some of the debts owed to the creditors.

The following properties are exempt under Georgia law:
• Real or personal property, including co-op, used as a residence, up to $10,000 (up to $20,000 if married whether the spouse is filing or not). Unused portion up to $5,000 may be applied to any other property.
• Motor vehicles up to $3,500; clothing, household goods, appliances, furnishings, books, musical instruments, animals, and crops up to $300 per item and $5,000 total; jewelry up to $500; health aids; lost future earnings recoveries needed for support up to $7,500; personal injury recoveries up to $10,000; wrongful death recoveries needed for support; burial plot in lieu of homestead. Also, any property up to $600 plus any unused homestead amount up to $5,000.
• Wages - For private and federal workers, either 40 times the state or federal hourly minimum wage or a minimum 75% of earned but unpaid earnings; whichever amount is greater. The judge may authorize more for low-income debtors.
• Pensions, Tax exempt retirement accounts, Traditional IRAs and Roth IRAs up to $1,095,000 per person, ERISA-IRAs and qualified benefits.
• Workers' compensation.
• Unemployment compensation, Veterans' benefits, social security, crime victims' compensation, and local public assistance.
• Old age assistance.
• Aid to blind or disabled.
• Tools, books, and implements of trade up to $1,500.
• Alimony and child support needed for support.
• Fraternal benefit society benefits.
• Life insurance proceeds, Annuity and endowment contract benefits, Disability or health benefits up to $250 per month, Group insurance.
• Unmatured life insurance contract; unmatured life insurance dividends, interest, loan value or cash value up to $2,000 if you or someone you depend on is beneficiary; life insurance proceeds if policy is owned by someone you depend on and is needed for support.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Best Chatham County Georgia - GA Bankruptcy Law Firm

2009-10-19T09:24:00.002-04:00

Best Chatham County Georgia Bankruptcy Law Firm

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The individual may have secured debt and unsecured debt and how each of these is handled can vary from case-to-case. An individual seeking protection under chapter 7 of the United States Bankruptcy Code may have to relinquish a portion of their personal goods in order to satisfy some of the debts owed to the creditors.

The following properties are exempt under Georgia law:
• Real or personal property, including co-op, used as a residence, up to $10,000 (up to $20,000 if married whether the spouse is filing or not). Unused portion up to $5,000 may be applied to any other property.
• Motor vehicles up to $3,500; clothing, household goods, appliances, furnishings, books, musical instruments, animals, and crops up to $300 per item and $5,000 total; jewelry up to $500; health aids; lost future earnings recoveries needed for support up to $7,500; personal injury recoveries up to $10,000; wrongful death recoveries needed for support; burial plot in lieu of homestead. Also, any property up to $600 plus any unused homestead amount up to $5,000.
• Wages - For private and federal workers, either 40 times the state or federal hourly minimum wage or a minimum 75% of earned but unpaid earnings; whichever amount is greater. The judge may authorize more for low-income debtors.
• Pensions, Tax exempt retirement accounts, Traditional IRAs and Roth IRAs up to $1,095,000 per person, ERISA-IRAs and qualified benefits.
• Workers' compensation.
• Unemployment compensation, Veterans' benefits, social security, crime victims' compensation, and local public assistance.
• Old age assistance.
• Aid to blind or disabled.
• Tools, books, and implements of trade up to $1,500.
• Alimony and child support needed for support.
• Fraternal benefit society benefits.
• Life insurance proceeds, Annuity and endowment contract benefits, Disability or health benefits up to $250 per month, Group insurance.
• Unmatured life insurance contract; unmatured life insurance dividends, interest, loan value or cash value up to $2,000 if you or someone you depend on is beneficiary; life insurance proceeds if policy is owned by someone you depend on and is needed for support.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Chapter 7 Bankruptcy in GA - Chatham County – Liberty County

2009-10-15T19:27:00.003-04:00

Chapter 7 Bankruptcy in GA - Chatham County – Liberty County

A Chapter 7 bankruptcy case begins with the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor is also required to file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. While an attorney is not a requirement to file for bankruptcy it is definitely a good idea. The bankruptcy paperwork can be daunting depending on the amount of debt and assets that you have. You will also have to appear before a bankruptcy judge and it can help to have an attorney there with you should extenuating circumstances arise. Once you have located an attorney, filled out all of the appropriate paperwork, and filed your petition for chapter 7 bankruptcy all collection actions must cease and desist. While this might be a stressful time for you, you will not have the added stress of continued collection calls.

Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Chatham County Bankruptcy Law Firm - Debt Relief

2009-10-14T12:11:00.001-04:00

Chatham County Bankruptcy Law Firm - Debt Relief

To qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor must be an individual, a partnership, or a corporation.
In 2005 the United States Bankruptcy Code was changed requiring that individuals qualify to file for a chapter 7 bankruptcy. The debtor must first take the Means Test. If the Means Test shows that the debtor qualifies to file for a chapter 7 bankruptcy then it is important to know that there are other requirements. All individuals filing for chapter 7 bankruptcy must attend a debt counseling course within six months of filing for chapter 7 bankruptcy protection. In addition the debtor will also be required to complete a financial education course prior to discharge of the debts.
Although the filing of an individual Chapter 7 petition usually results in a discharge of debts, an individual's right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property. In other words, a creditor will retain its rights to collateral securing a debtor's obligation.
Our Savannah GA (Georgia) bankruptcy lawyers help clients in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and at Fort Stewart and Hunter Army Airfield file for bankruptcy. Contact us if you are considering filing for bankruptcy.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Savannah Georgia chapter 13 lawyer

2009-10-10T19:19:00.000-04:00

Savannah Georgia chapter 13 lawyer

Chapter 13 bankruptcy in Georgia is mainly referred as plan of daily wage earner. It is specifically designed to enable financially distressed people or debtors with standard income to propose and follow a repayment plan. This plan would be used to pay the creditors for an extended time period which is generally from 3 to 5 years. The debtors can own their assets and property as long as they make payments according to the new repayment plan. Te eligibility of chapter 13 bankruptcy is dependent on the fact the secured and unsecured debts of an individual are between certain amounts which are adjusted annually by law. Chapter 13 bankruptcy can only be filed by an individual and not by corporations or enterprise.

Therefore chapter 13 bankruptcy basically means creating a new plan that works out for the creditor and the debtor. This is however not that easy as it sounds. You will have to personally negotiation with the creditor for a change in the repayment plan which is not quite simple. This where a Savannah Georgia chapter 13 lawyer comes into play who can represent you before the creditor and also at the lawsuit to assist you during the entire process of chapter 13 bankruptcy.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

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Savannah Georgia chapter 7 lawyer

2009-10-09T09:37:00.000-04:00

Savannah Georgia chapter 7 lawyer

It is the right of every individual, corporation and enterprise to avail protection under Chapter 7 bankruptcy in case of any financial difficulty. When it comes to chapter 7 bankruptcy, the trustee from the court would sell all the non excepted assets of the debtor in order to pay off their creditors but the debtor is allowed to own the exempt assets. However all the debtors are not discharged under this chapter 7 bankruptcy procedure. There are some debts not discharged under this process which include certain taxes, child maintenance, alimony and support obligations, certain educational loan debts or guaranteed government units, debts of personal injury or death by the debtor’s operation of vehicle and debts in criminal restitution orders.

Before filing for the proceedings of chapter 7 bankruptcy the debtor should complete the credit counseling with trustee approved agency of United States. After completing the credit counseling the debtor is allowed to file bankruptcy lawsuit. The further process can be very difficult to handle without the help of a professional and experienced Savannah Georgia chapter 7 bankruptcy lawyer. These professionals specialize in chapter 7 bankruptcy laws who can help you with all the legal matters
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

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Savannah Georgia Bankruptcy Lawyer

2009-10-09T09:34:00.002-04:00

Savannah Georgia Bankruptcy Lawyer

A bankruptcy situation can possibly affect the personal credit report and increase all balance payments. Are you facing a negative credit report and wish to improve the same? Do you wish to ask for help from attorneys and live life in better financial position? You just need to ask for assistance from bankruptcy attorneys. All top class lawyers around Savannah Georgia are ready to serve you for your needs and repair credit status in no time. Credit score is affected by non payment of balance, loan amounts, or missing monthly payments. Number of people living life with negative balance payments and bad credit status is increasing.

On the other hand demand for lawyers’ consultation is on a roll too. At the time of filing for bankruptcy and improving the status of credit attorneys need to keep a track of personal identification, credit information, banking data, public records, third party collection, and inquiries. As per request and demand all borrowers as well as lenders are allowed to view the status of bankruptcy report filed. Attorneys support and monthly payments enable you to clear off all due payments and stay away from bad credit in future. You can fight for your rights and receive credit reports through support of attorneys in Savannah.
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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Savannah Georgia Bankruptcy Lawyer

2009-10-05T09:13:00.003-04:00

Savannah Georgia Bankruptcy Lawyer

A bankruptcy situation can possibly affect the personal credit report and increase all balance payments. Are you facing a negative credit report and wish to improve the same? Do you wish to ask for help from attorneys and live life in better financial position? You just need to ask for assistance from bankruptcy attorneys. All top class lawyers around Savannah Georgia are ready to serve you for your needs and repair credit status in no time. Credit score is affected by non payment of balance, loan amounts, or missing monthly payments. Number of people living life with negative balance payments and bad credit status is increasing.

On the other hand demand for lawyers’ consultation is on a roll too. At the time of filing for bankruptcy and improving the status of credit attorneys need to keep a track of personal identification, credit information, banking data, public records, third party collection, and inquiries. As per request and demand all borrowers as well as lenders are allowed to view the status of bankruptcy report filed. Attorneys support and monthly payments enable you to clear off all due payments and stay away from bad credit in future. You can fight for your rights and receive credit reports through support of attorneys in Savannah.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

http://www.savannahgabankruptcy.com

Judge wants examiner to handle sale of Fontainebleau Las Vegas - Savannah Bankruptcy

2009-10-03T19:00:00.000-04:00

Judge wants examiner to handle sale of Fontainebleau Las Vegas

BY DOUGLAS HANKS posted at http://www.miamiherald.com/business/story/1264533.html

Four months into the bankruptcy of the Fontainebleau Las Vegas, a judge in Miami wants to appoint an examiner to speed up a sale of the unfinished casino hotel.

A frustrated bankruptcy judge on Friday announced he wants to name an outsider to negotiate a sale for the stalled Fontainebleau Las Vegas to recoup more than $1 billion in construction costs for the unfinished casino hotel.

``The record in this case suggests the parties are not cooperating with one another,'' Judge A. Jay Cristol wrote.

Lawyers for Jeffrey Soffer, the developer behind the troubled Las Vegas venture, say they have a buyer and want more time under Chapter 11 bankruptcy protection to close the deal. Lenders on the Las Vegas project want Cristol to intervene and liquidate the venture with a court-imposed sale.

Cristol's plan falls somewhere in the middle. He does not propose moving the case from a Chapter 11 restructuring to a Chapter 7 liquidation, as the lenders requested. But he proposed appointing an examiner to ``negotiate and supervise a sale of debtors' assets.''

A hearing on the matter is set for Wednesday. Now in its fourth month, the bankruptcy presents the biggest setback yet for the Soffer family, owner of Aventura's Turnberry Associates and one of the biggest powerhouses in South Florida real estate.

Soffer launched the Fontainebleau Las Vegas in the summer of 2007 at the height of the real estate boom and two years after buying the Fontainebleau Miami Beach. The Miami Beach resort is not part of the Las Vegas bankruptcy case but is fighting with contractors over $60 million in claims from a massive renovation funded by a $640 million construction loan.

This week, the law firm representing Fontainebleau against the Miami Beach claims resigned from the case without explanation.

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Personal Bankruptcy Filings Soar - Savannah Bankruptcy

2009-10-03T08:37:00.000-04:00

Personal Bankruptcy Filings Soar

By SARA MURRAY

Consumer bankruptcies topped one million for the first nine months of this year, the highest point since the system was overhauled in 2005.

The number of personal bankruptcy filings for the nine months rose to 1,046,449 as of Sept. 30, the American Bankruptcy Institute, an organization made up of attorneys, accountants and other bankruptcy professionals, said Friday, using data from the National Bankruptcy Research Center. There were 773,810 personal bankruptcy filings for the same time period in 2008.

September's filings reached 124,790, 41% higher than the same month last year.

The 2005 revamp was intended to make it harder for Americans to shed their debts by filing for bankruptcy. In that year, before the law took effect, there were 1.35 million bankruptcy filings in the first nine months.

But a tough economic climate has sent filings soaring again and ABI expects personal bankruptcies to exceed 1.4 million by the end of the year. "Bankruptcy filings continue to climb as consumers look to shelter themselves from the effects of rising unemployment rates and housing debt," the institute's Executive Director Samuel J. Gerdano said.

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

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PILGRIM'S PRIDE Bankruptcy News - Savannah GA Bankruptcy

2009-09-21T09:07:00.000-04:00

PILGRIM'S PRIDE Bankruptcy News, Issue No. 21
BCSI reports on latest events arising in the chapter 11 cases commenced by Pilgrim's Pride Corp.

(EMAILWIRE.COM, September 21, 2009 ) FAIRLESS HILLS, Pa. -- Bankruptcy Creditors' Service, Inc., published Issue No. 21 of PILGRIM'S PRIDE BANKRUPTCY NEWS today. The 22-page newsletter contains stories with these headlines:

A copy of today's newsletter can be purchased on-line with a major credit card at https://ecommerce.bankrupt.com/bin/ibl_re?co_name=PILGRIM'S|PRIDE for $45. Copies of all back issues are also available for purchase at BCSI's on-line newsstand.

PILGRIM'S PRIDE BANKRUPTCY NEWS tracks the restructuring of Pilgrim's Pride Corp.

PILGRIM'S PRIDE BANKRUPTCY NEWS is distributed to paying subscribers by electronic mail. New issues are published on an ad hoc basis as significant activity occurs (generally every 10 to 20 days) in the Debtors' cases. The subscription rate is $45 per issue. Newsletters are delivered via e-mail; invoices, transmitted following publication of each newsletter issue, arrive by fax. Distribution to multiple individuals at the same firm is provided at no additional charge; folks outside of your firm should set-up and pay for their own subscriptions. Subscriptions may be canceled at any time without further obligation.

To continue receiving PILGRIM'S PRIDE BANKRUPTCY NEWS, please complete and submit the subscription form at https://ecommerce.bankrupt.com/bin/ibl_re?subco_name=PILGRIM'S|PRIDE

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Savannah Georgia bankruptcy lawyer | Bankruptcy attorneys in Savannah GA and Richmond Hill - Filing for Chapter 13 Bankruptcy and Chapter 7 Bankruptcy in Savannah GA

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Savannah GA Bankruptcy Attorney - CIB cleared to file expedited bankruptcy

2009-09-16T23:47:00.000-04:00

CIB cleared to file expedited bankruptcy
The Business Journal of Milwaukee

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CIB Marine Bancshares Inc. said it has received the approval from holders of its trust preferred securities to exchange their debt securities for preferred stock, paving the way for the bank holding company to file a prepackaged reorganization under Chapter 11 bankruptcy.

Pewaukee-based CIB Marine Bancshares (Pink Sheets: CIBH) said Wednesday morning that it filed for Chapter 11 Tuesday night in bankruptcy court in Milwaukee.

“We are pleased that our trust preferred security holders saw the benefits of this reorganization effort,” said John Hickey Jr., chairman and CEO. “We are now asking the court to approve what is an orderly and efficient reorganization effort.”

The filing and confirmation of the plan of reorganization by a bankruptcy court judge are important steps in the reorganization and strengthening of the holding company, which is the corporate parent of Marine Bank in metro Milwaukee, Hickey said.

In July, the holding company proposed to exchange all of the trust preferred securities for shares of non-cumulative perpetual preferred stock. Holders of the debt securities initially had until Aug. 17, to vote on the proposal. The voting deadline was twice extended, to Sept. 9 and then to Tuesday.

The reorganization is expected to be complete in approximately 45 to 60 days, pending confirmation by a bankruptcy judge.

The reorganization plan outlines how the holding company will reduce interest expense, cut debt and enhance the strength of the holding company.

“Upon completion of the reorganization, we will immediately renew our search for a strategic partner to combine with CIB Marine Bancshares,” said Hickey. “The improved capital position of the reorganized company should make it an attractive candidate for a combination partner.”

CIB Marine Bancshares is the holding company for the bank that operates as Central Illinois Bank in mid-state Illinois and as Marine Bank in the Milwaukee area, Indianapolis and Scottsdale, Ariz. The bank and its branches are not affected by the holding company’s reorganization efforts.

The bank remains adequately capitalized, and the restructuring of the holding company will have no direct impact on the operations of the bank, Hickey said.---------------------
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GREEN TREE SERVICING - Bankruptcy Lawyer Savannah GA

2009-09-16T23:32:00.000-04:00

GREEN TREE SERVICING, LLC.

Court of Appeals of Georgia, Third Division
September 2, 2009

Blackburn, Presiding Judge.

In this dispossessory action, Terrence Owens appeals first from the courtÆs issuance of a writ of dispossession, arguing that the landowner Green Tree Servicing LLC wrongfully foreclosed on the property. We affirm in this case on two grounds: such is not a valid defense to a dispossessory action, and Owens failed to include a transcript of the trial, precluding our review of his claim of error. OwensÆs second appeal is from the courtÆs order requiring him to pay rent pending the appeal. In light of our disposition of the first appeal, this second appeal is moot and is therefore dismissed.

The undisputed facts show that on March 9, 2009, Green Tree filed a dispossessory warrant against Owens and other occupants of a residence, asserting that they were all tenants at sufferance as a result of Green TreeÆs obtaining the property through a recent foreclosure sale. See Cal. Fed. Savings & Loan Assn. v. Day [1] (the former owner, ôby remaining in possession of the premises after a lawful foreclosure of his deed to secure debt, became a tenant at sufferance and subject to summary dispossession by appellant, the purchaser at the foreclosure saleö). Green Tree sought dispossession only. Owens answered, claiming that because of a pending bankruptcy by a co-debtor and because of notice defects, the foreclosure was wrongful, and that therefore no writ of dispossession should issue. After a trial on the merits, the trial court issued a writ of dispossession on March 26, 2009, which writ Owens appeals in Case No. A09A1666. On April 27, 2009, Green Tree moved the court to require Owens under OCGA § 44-7-56 to pay rent into the registry of the court pending the appeal (if he wished to remain in possession of the premises); the court entered such an order, which Owens appeals in Case No. A09A1978.

Case No. A09A1666

1. In his appeal of the writ of dispossession, Owens contends that the trial court erred in rejecting his defense of wrongful foreclosure that asserted the bankruptcy of a co-debtor and other alleged defects in the foreclosure process. This contention fails for at least two reasons.

First, ô[a] challenge to the validity of foreclosure in defense of a dispossessory proceeding will not lie, because, after a foreclosure sale, the former owner cannot attack dispossession without first setting aside the foreclosure and deed.ö Hurt v. Norwest Mortgage, Inc. [2] See Solomon v. Norwest Mortgage Corp. [3] (ôafter foreclosure sale, the former owner cannot attack dispossession without first setting aside the foreclosure and deedö) (punctuation omitted); Hague v. Kennedy [4] (ô[c]laimed defects in the landlordÆs title to premises cannot be raised as a defense to a proceeding for possession...ö) (punctuation omitted).

Second, even if OwensÆs defenses were available in a dispossessory proceeding, we cannot review the same because Owens failed to include a trial transcript in the record. Indeed, Owens specifically stated in his notice of appeal that ô[t]here is no trial transcript in this case.ö Yet determination of the ôwrongful foreclosureö issue asserted by Owens on appeal (based on an alleged bankruptcy by a co-debtor and alleged notice defects in the foreclosure) would require us to review the evidence submitted at trial.

[Owens], however, failed to file a transcript of the proceedings and apparently did not attempt to reconstruct the transcript as allowed by OCGA § 5-6-41 (g) and (i). When a transcript of the evidence is necessary, as it is here, and the appellant omits it from the record or fails to submit a statutorily authorized substitute, we must assume that the evidence supported the grant of a writ of possession. As the appellant[, Owens] had the burden to affirmatively show error by the record. This [he] failed to do. Therefore, we must presume the trial courtÆs judgment granting [Green Tree] a writ of possession is correct.
(Punctuation omitted.) Harden v. Young. [5] We have specifically so held in cases challenging a foreclosure as wrongful, whether because of a bankruptcy stay or otherwise. See, e.g., Miley v. Thornburg Mortgage Home Loans; [6] Olubajo v. Deutsche Bank Nat. Trust Co.; [7] Wimbley v. Washington Mut. Bank; [8] Parks v. Tex. Commerce Bank. [9]

Case No. A09A1978

2. The second appeal is from the trial courtÆs ruling ordering Owens to pay rent pending appeal, if he wished to remain in possession of the premises. Citing Carter v. Landel/Arundel, Inc. [10] and Wall v. T. J. B. Svcs., [11] Green Tree claims that Owens was required to file an interlocutory application to have this appeal heard. However, in both of those cases, the appeal was from an order directing the tenant to pay rent pending the disposition of the dispossessory case; in neither had the trial court decided the question of possession, thus making the appeal from the order to pay rent premature (absent compliance with interlocutory appeal procedures).

Here, however, the trial court had already decided the sole issue of dispossession, leaving nothing to be decided when the court entered the post-judgment order requiring the payment of rent pending appeal. Similar to a post-judgment order requiring the posting of a supersedeas bond, a post-judgment order requiring the payment of rent pending appeal is subject to direct appeal, as there is nothing left to be decided in the trial court. See OCGA § 5-6-34 (a) (1). Cf. Rapps v. Cooke [12] (direct appeal of post-judgment order requiring supersedeas bond); Robenolt v. Chrysler Financial Svcs. Corp. [13] (direct appeal of post-judgment order to pay rent pending appeal).

3. Owens argues that the trial court lacked the authority to order him to pay rent pending appeal. Beyond the fact that such is expressly authorized by OCGA § 44-7-56, we hold that in light of our disposition of the dispossessory appeal, the question is moot in any case. See Ruskin v. AAF-McQuay, Inc. [14] (ôas the [main] appeal... has been decided, the matter of the bond is mootö). Accordingly, this second appeal is dismissed as moot. See Almonte v. West Ashley Toyota. [15]

Judgment affirmed.
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Savannah GA BAnkruptcy Lawyer - US, Canadian judges approve Nortel bankruptcy sale

2009-09-16T23:31:00.000-04:00

Savannah GA BAnkruptcy Lawyer - US, Canadian judges approve Nortel bankruptcy sale

By RANDALL CHASE (AP)

WILMINGTON, Del. — Nortel Networks Inc. won approval Wednesday from judges in Delaware and Ontario for the $900 million sale of a Nortel unit that makes communications systems for businesses.
In a joint hearing involving a video link between courtrooms in Wilmington and Toronto, where Nortel Networks Corp. is based, U.S. Bankruptcy Judge Kevin Gross and Canadian Justice Geoffrey Morawetz approved the sale of Nortel Enterprise Solutions to New Jersey-based Avaya Inc. for $900 million in cash and a $15 million contribution to a Nortel employee retention program.
The hearing followed an auction that concluded early Monday and resulted in privately held Avaya agreeing to pay almost double the amount of its "stalking horse" bid of $475 million for the Nortel unit, which supplies phone systems and other communications equipment to businesses and large organizations, including government agencies.
Derrick Tay, an attorney representing Nortel in Canada, said the auction bidding, which stretched over the weekend, amounted to an increase in the sale price of about $8 million an hour, which he joked would just about cover the fees of the professionals involved.
"I think this is a good news story, not just for creditors," Tay said, adding that the deal will resolve uncertainty among Nortel employees, customers and potential customers.
The court actions cover the sale of Nortel's Enterprise Solutions business in North America, the Caribbean and Latin America and Asia. Nortel and Avaya have a separate agreement covering Europe, the Middle East and Africa. Avaya said the company still needs court approval in France and Israel, among other things.
Meanwhile, Canadian Industry Minister Tony Clement said Wednesday the government won't block the $1.1 billion sale of Nortel Networks' wireless division to Sweden's Ericsson.
Nortel, a former telecommunications equipment giant that at one point accounted for one-third of the market value on the entire Toronto Stock Exchange, filed for bankruptcy protection in Canada and the U.S. in January, one day before it was due to make a debt payment of $107 million.
Approval of the enterprise unit sale came after Gross rejected an objection filed by Verizon Communications Inc. New York-based Verizon, a major user of Nortel products and services, argued that Avaya's refusal to assume Verizon's contracts with Nortel could jeopardize the communications systems of Verizon business customers, including military and other government agencies.
"As a result, the public's safety, welfare and security will be placed at an immediate and considerable measure of risk that simply cannot be simply or quickly rectified," Verizon said in a court filing Monday.
But Gross overruled Verizon's objection, suggesting that it was premature because no contracts have yet been assumed or rejected. He also noted that Verizon had failed to demonstrate that Nortel and Avaya were the only companies able to service the contracts.
Gross agreed with attorneys for Nortel and Avaya that Verizon's objection was largely based on economics, not public safety.
According to Verizon's filing, Avaya representatives told Verizon that they did not want to assume the contracts because they include contingent liabilities Nortel faces in a patent infringement lawsuit against Verizon that is pending in federal court in Texas, where Nortel has its U.S. headquarters.
Verizon attorney Darryl Laddin rejected Nortel's suggestion that Verizon was simply angling for better contract terms from Avaya.
"All that Verizon has ever asked for ... is the assumption of their existing contracts, and nothing more," Laddin said. "Not a single change in the terms."
But attorneys for Nortel and Avaya maintained that Verizon's real concerns were related to finances, not national security.
"It's all about money," said Mark Bane, an attorney for Avaya. "Avaya has no reason not to do business with Verizon."
During a break in the hearing, however, Bane refused to say whether Avaya was willing to assume the Verizon contracts.
"I can't talk to that," he said.
In addition to approving the sale, Gross granted Nortel's request for expedited discovery regarding a $3 billion tax claim from the Internal Revenue Service. Nortel has filed an objection to the claim, saying the IRS has yet to explain the basis for it.
"They should be required to put proof on the table that we can analyze ... There's got to be a file somewhere that somebody has that adds up to these numbers," said Nortel attorney James Bromley, adding that the IRS claim forced last-minute changes to the purchase agreement, with one provision requiring Nortel to satisfy the claim in a manner acceptable to Avaya.
A Justice Department attorney representing the IRS indicated Wednesday that the claim is based on "transfer pricing" involving internal, cross-border sales of goods and services among various Nortel business divisions, some of which are not included in Nortel's Chapter 11 case.
"I'm assuming they didn't pull information out of the air, but that there are documents upon which they relied," said Gross, who scheduled a hearing on the issue for Oct. 13 and gave the IRS until Sept. 30 to turn over the material.
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