- Divorce
- Child SupportA wage garnishment only lasts 6 months. However, it can be renewed indefinitely, in the event that the prior garnishment was not sufficient to satisfy the judgment. Many times a defendant will believe that the judgment has been satisfied, due to the fact that the garnishment has ceased, only for it to be renewed again after several pay periods. Fortunately, employers are not permitted to fire an employee if they are subject to one wage garnishment. However, they are allowed to fire an employee who has two or more pending wage garnishments, subject to certain exceptions (such as taxes or child support).
- Spousal SupportAssuming that the debtor has performed all of their obligations under the terms of their confirmed Chapter 13 repayment plan, the Bankruptcy Court will mail out a “discharge” order. However, the discharge order will not be entered if the debtor has failed to complete a personal financial management class during their case. Likewise, any debtor who has an ongoing domestic support obligation – such as the payment of alimony or child support – must submit a certification that they are current on that obligation. The issuance of the discharge order means that the case is concluded and the debtor is no longer under the jurisdiction of the Bankruptcy Court.
- Personal InjuryAn attorney who you may have dealt with on another legal matter, such as real estate or personal injury, would probably be more than happy to recommend a good bankruptcy attorney. Furthermore, attorneys may have more information about the reputation and experience of a particular attorney.
- ProbateMyth number two – “My bankruptcy filing will be in the newspaper, and everybody will know about it.” Unlike certain legal proceedings related to real estate, family law, and probate law, there is no requirement that bankruptcy filings be published in the newspaper. The only parties that are notified of the bankruptcy filing would be creditors and any co-debtors on debts listed in the bankruptcy petition.
- BankruptcyLeiden & Leiden is proud to be regarded as one of Augusta’s best bankruptcy law firms. Terrance P. Leiden started the firm in 1973, at its present location at 330 Telfair Street in downtown Augusta. Since that time, the primary focus of the firm has been to assist consumers throughout the CSRA and surrounding counties, including Columbia County, Richmond County, Burke County, Jefferson County, McDuffie County, Wilkes County, Glascock County, Lincoln County, Warren County, Taliaferro County, Jenkins County, Emmanuel County, and Screven County. The firm became Leiden and Leiden, P.C., in 2000, when Zane Leiden became a partner in the firm. With two attorneys and a four-person support staff, Leiden and Leiden strives to provide competent, courteous and considerate representation of our bankruptcy clients. Our compassion, experience, and dedication to our clients earned us the award of Metro’s Best Attorney in 2010.
- ForeclosureMany people who are in financial trouble may be deterred from consulting with a bankruptcy attorney because of many prevailing misconceptions about the bankruptcy process itself, and the opportunities for rebuilding credit after a bankruptcy case is concluded. This is especially unfortunate for individuals who may have a very low credit score already, and are enduring a wage garnishment or running the risk of a foreclosure on their residence, or repossession of their automobile. Hopefully, this article will address many of those “myths” and encourage people who are in dire financial straits to meet with a bankruptcy attorney.
- Debt Collection1) Debt collection lawsuits are being filed at the highest rate since prior to Covid. Partially attributable to the reduction of the backlog of cases that civil courts faced after Covid, creditors are turning to the courts for collection of their debts. WHY DEBTS GO INTO COLLECTION Some of these cases are being filed because the statute of limitations is set to expire, while other creditors are trying to capitalize on the opportunity to collect their claims against assets and income which consumers may not have had previously. GARNISHMENT