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Jeffrey Branan Kelly
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Jeffrey Kelly’s Answers

228 total


  • Will a chapter 7 get rid of my student loans? If they see that even the payments agreed upon by the loan company aren't helping?

    I am 24 years old, and I am in debt almost 100k if not more. All of this due to student loans and other miscellaneous debts accumulated over the past few years. My main concern is of course my student loans which are really the bulk of my debt. I ...

    Jeffrey’s Answer

    In my opinion, student loans are a form of economic slavery in the United States. In the early 1990s, a person could wipe out student loan debt just like any other debt. Once student loans became nondischargeable in bankruptcy, tuition rates rose dramatically because more banks willing to pour money into student loans. Today, there are thousands of people in the U.S. who will never be able to pay off their student loan debts. What is the solution? We need people to run for Congress to change the laws back. Student loans should be dischargeable just like any other debt.

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  • I added by business partner to my credit cards as a cosigner. He maxed out & stopped making payments. What Can I do?

    Our business is closed now. There are unpaid credit cards balances solely incurred by him in the amount of $18,500 on one card and $10,000 on the other. I took his credit cards. So, he cannot use them any more. He said because I am the primary car...

    Jeffrey’s Answer

    I hate it when a cosigner gets stuck on the hook for a credit when they made none of the charges. Unfortunately, the most common situation I see this happen is when grandma cosigns a car for grandchild and then gets stuck paying the debt after the car gets repossessed.

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  • How long does it take to get a bankruptcy discharge in GA?

    Filed in Dec. - had creditors meeting early Jan. Haven't heard anything and would like to know. Thank you.

    Jeffrey’s Answer

    Check with your attorney to see if any creditor has filed an objection to discharge.

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

    Once a creditor's receives a default judgment against a debtor how long does it typically take the suing law firm to garnish wages and/or seize cash from the debtor's bank account(s)? Can they request garnishment at the same hearing in which they ...

    Jeffrey’s Answer

    I agree with Jonathan. This problem won't go away by itself. If a garnishment starts, they can take 25 percent of your net income in Georgia.

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  • Which path should I take for financial relief: bankruptcy, foreclosure, or debt negotiation with a house that won't sell?

    I moved about a year ago and currently making two house payments since old house still hasn't sold, on top of 3 almost maxed credit cards. The old house is taking almost 50% of my monthly income and the rest goes to current house, the 3 credit ca...

    Jeffrey’s Answer

    Go see a local bankruptcy attorney ASAP. Almost all bankruptcy attorneys offer a free initial consultation.

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

    Without my knowledge, my husband invested heavily in two pieces of real estate, which are now in foreclosure. He is 73, medically disabled since 1993, his only income is social security of $1,100 a month. Because of his illness I have worked for...

    Jeffrey’s Answer

    I agree with the answers listed above. As long as you are not jointly liable for his debts and no assets are joint, you should be ok. Go see an attorney ASAP.

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  • What do I do when a trustee wants to sell my home, saying it is worth more than I valued it?

    I owe 179000. at filing about a year ago. We valued the home at 189000. based on appraisel,letter from realitor and re-evaluated property taxes. Trustee is saying it is worth 300000. We have kept up payments on house.

    Jeffrey’s Answer

    You must meet with your bankruptcy attorney as soon as possible and explore the option of converting to a Chapter 13. The trustee has a right to market your house for sale. In this awful market, I bet they won't get any bites on your house. Are you willing to take that gamble?

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

    We own our home and have no equity. We also have $75,000 in credit card debt. We are current on all payments but are barely making ends meet and just paying the minimum on each card each month.

    Jeffrey’s Answer

    Yes it is possible to eliminate credit card debt in a bankruptcy while keeping your house and your car. However, to know for sure how the law will apply to your particular case, you must sit down with a qualified bankruptcy attorney. There are plenty of good bankruptcy attorneys in your area who will offer a free consultation.
    If I were meeting with you, I would want to know what you purchased with the credit cards and how long it has been since you used them. The reason is that a person who makes large charges on credit cards and then quickly files for bankruptcy can end up with an objection to discharge. In other words, the credit card company can go to the court and ask that their debt not be wiped out in your bankruptcy case. Give as much information as you can to your bankruptcy attorney so that you can get the best advice possible. I wish you the best.

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  • If I am currently 4 months behind on my house payments. will bankruptcy help me save my home and restructure my bills.

    How does filing bankruptcy help me save my home?

    Jeffrey’s Answer

    Chapter 13 can help you. First, it stops any foreclosure action against you. Second, it allows you to take those four months that you are behind and spread them out over the life of your plan. Third, you might be able to eliminate unsecured debt like credit cards and medical bills which will make it easier for you to make your future mortgage payments.

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  • How to file suit against a friend who failed to pay credit card debt?

    Opened Lowe's and Home Depot card accounts just for his house upgrades ,hardwood floor , granite countertop, nice three way kitchen window, etc.. He paid for three years and now has stopped paying. I want to get this debt off my name and record.

    Jeffrey’s Answer

    You won't be able to get it off your name and record unless you file for bankruptcy. You could file a lawsuit against him in magistrate court. If the judge rules in your favor, you could garnish twenty five percent of his paycheck and garnish his checking account. Your best bet is to hire a local lawyer to collect.

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