Jonathan C. Ginsberg’s Answers

Jonathan C. Ginsberg

Atlanta Social Security Lawyers.

Contributor Level 8
  1. Can I buy a house with cash and keep it if I file chapter 7 in GA?

    Answered almost 2 years ago.

    1. Jonathan C. Ginsberg
    2. J. Jeffrey Williams
    3. Michael S. Marr
    4. Glen Edward Ashman
    5. Steven Anderson Leahy
    6. ···
    6 lawyer answers

    I think you also need to be careful about making a large purchase right before filing bankruptcy. Bankruptcy trustees and judges are very sensitive to concerns about whether someone is manipulating the bankruptcy law to avoid paying creditors. Here, you have a lot of moving parts - you have your settlement, you have a possible pending claim for disability and you have a possible Chapter 7. As others responding have noted, you can exempt up to $21,500 of equity in your house when filing...

    5 lawyers agreed with this answer

  2. I got a call from a collection agency 720 446 5016 saying i owe a debt and not sure comp. name

    Answered almost 2 years ago.

    1. Jonathan C. Ginsberg
    2. Glen Edward Ashman
    2 lawyer answers

    If you get any more calls from this or any strange number, you have the right to see documentation about any debt that they claim you owe. If a bill collector (or someone impersonating a bill collector) tells you that you do not have the right to written proof of a debt, or that you have to act immediately to prevent a garnishment or bank levy, they are not telling you the truth. Further, you have no obligation to reveal your mailing address to anyone. On the other hand, a legitimate bill...

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  3. Can we file bankruptcy on credit card debt? Would we lose our house or cars?

    Answered almost 2 years ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Eric Charles Lewis
    4. Jonathan C. Ginsberg
    5. Jeffrey Branan Kelly
    6. ···
    6 lawyer answers

    If you file bankruptcy, you must include all of your creditors, including the mortgage lender and any vehicle finance company. If you qualify for Chapter 7, you should be able to reaffirm your house and cars, while discharging (wiping out) the credit card debt. If you are current, secured lenders almost always cooperate, but, again, you can't leave them off. If you do not qualify for Chapter 7, you can most likely file a Chapter 13, which would allow you to reduce your total credit card debt...

    3 lawyers agreed with this answer

  4. When I filed a Motion for Relief from Stay should I have included my reason i.e. tenant has not paid rent since filing - 3 mths.

    Answered almost 2 years ago.

    1. Jonathan C. Ginsberg
    2. Peter Walter Weston
    3. Dorothy G Bunce
    3 lawyer answers

    I practice in the Northern District of Georgia (which includes Atlanta) and I can tell you that your Motion needs to include as many details as possible, and that you should state specifically what you want - i.e., relief from stay so that you can proceed with state law eviction rights. I don't believe that a judge will consider a past due rent claim in a motion for relief hearing. I assume from the category that this is a Chapter 7. As such, neither the debtor nor his lawyer are likely...

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  5. How long after default judgment will wages be garnished, or bank accounts attached?

    Answered over 1 year ago.

    1. Jonathan C. Ginsberg
    2. James Marvin Feagle
    3. Glen Edward Ashman
    4. Jeffrey Branan Kelly
    4 lawyer answers

    Mr. Feagle and Mr. Ashman both make valid points. You are at risk immediately. I would that even if the creditor does not find a bank account or other assets today, this outstanding judgment could bite you years from now. I recently spoke to a gentleman against whom a judgment was rendered more than 10 years ago but never collected upon. The creditor renewed the judgment after 7 years and now, 10 + years later, a debt buyer found the defendant in a far away county at a new job. Do not...

    2 lawyers agreed with this answer

  6. If my husband files bankruptcy will I be liable for payment of his debt?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Jonathan C. Ginsberg
    3. William Asa Grafton
    4. Jeffrey Branan Kelly
    4 lawyer answers

    You would not be liable for his debts, however if you have joint assets those could be at risk. You have to be careful about transferring those assets (i.e. changing title) given his likely liability. Transferring assets pursuant to a divorce or separation would work although you may be able to protect your assets using a trust. I would suggest that you consult with a lawyer who has expertise in asset protection, elder law and/or estate planning law.

    2 lawyers agreed with this answer

  7. Can my baby receive a social security check if her dad rcieves one every month once. Month for having a mental disorder?

    Answered over 1 year ago.

    1. Jonathan Caver
    2. Jonathan C. Ginsberg
    3. Timothy Minthorn Klob
    3 lawyer answers

    Your child may be eligible for what are known as auxiliary benefits if her father is receiving SSDI benefits. You don't say if you have a child support order. If you do not, I would suggest that you pursue an order from the Superior Court to obligate the father to pay something. Such an order might encourage him to be a bit more cooperative with you and, if he is receiving SSDI, you might be able to garnish that benefit. I would suggest that you may want to be a bit more proactive - if...

    2 lawyers agreed with this answer

  8. Been 1 yr since I first appied,was turned down appeald and just seen there doctor who said he would hurry and get my benefits.

    Answered almost 2 years ago.

    1. Kristina Street Hatcher
    2. Dennis Alan Palso
    3. Timothy Minthorn Klob
    4. Jonathan C. Ginsberg
    5. Robert C. Alston
    5 lawyer answers

    You did not say whether your disabling condition is physical or mental. My experience has been that when Social Security sends you out for a physical medicine exam, the resulting report often is not very helpful. On the other hand, when they send you out for a psychological or mental health exam, the resulting report often does help. Either way, I am finding that these one-time, consultative evaluations are less and less important to judges. Instead, judges look at narrative reports or...

    2 lawyers agreed with this answer

  9. My husband was diagnosed with ms in 2003, he decided to continue working, can he re-apply for benefits now?

    Answered over 1 year ago.

    1. Joe Matthew Queen
    2. Clifford Michael Farrell
    3. Jonathan C. Ginsberg
    4. Aleksandra Maria Kaczmarczyk
    4 lawyer answers

    It sounds like your husband received disability, but later was able to return to work. If his symptoms have now increased to the point where he cannot work reliably, he can and should apply again. Remember that the issue in any SSDI case is whether he can reliably perform any job, not just the security officer work. I will also tell you that in my experience Social Security judges tend to see cases in black and white - someone is either disabled or not. Part time work tends to weaken a...

    1 lawyer agreed with this answer

  10. I have currently been receiving SSI benefits for 4 years, my benefits are being terminated due to false information.

    Answered about 1 month ago.

    1. Lawrence Mark Malman
    2. D K Kevin Dugan
    3. Jonathan C. Ginsberg
    4. Marcus Cooper
    4 lawyer answers

    If you feel that SSA employees have acted improperly you can file a complaint with the Office of Inspector General - http://oig.ssa.gov/. But I would also point out that you may end up in a "he said, she said" dispute. Your case for bias would be much stronger if you have documentary evidence or a recording of improper conduct. This is also a situation where you would benefit from the counsel of a good domestic relations lawyer.

    2 lawyers agreed with this answer

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