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Qualifying for Bankruptcy

Home » Videos » Qualifying for Bankruptcy

Hello, this is Roger Ghai with the Law Offices of Roger Ghai, and I practice bankruptcy law in the Kennesaw, Acworth, Marietta areas. Sometimes clients have questions about whether they still qualify to file for bankruptcy if they have a judgment lien, that is a creditor has already sued them. The court has awarded a judgment on behalf in favor of the creditor. And now that’s pending against you as a potential person who’s going to file a bankruptcy case.
So first of all, yes, the answer is yes, you can still file a bankruptcy case. It’s known in that situation as a judgment creditor. So there are certain procedures that have to be filed if you file a bankruptcy and you want to have that judgment wiped off. First thing is my office would need an actual copy of the judgment. Sometimes you can get that from the courthouse, or if you’ve been garnished, the garnishment papers will show the underlying judgment case number.
And if you have been garnished because of the judgment, then we would want to get a copy of that so that we can notify the attorney for the creditor that you filed for bankruptcy protection, so that we can get all collection activity to stop. So generally speaking, you can go ahead and even if there is a judgment against you that’s already filed no matter how old it is, you can still file a bankruptcy. We can extinguish the judgment, get the debt wiped out. The other type of judgment or lien that we run across in this bankruptcy practice would be what we call a non-purchase money security interest lien. And what that means is let’s say, for example, you have a bunch of collateral. You didn’t finance the collateral with the bank, but you used it. You pledged that collateral to get a loan. Could be one of these smaller loan companies.
And so let’s say you’ve got a sofa, TV, a washer, dryer, microwave, you happen to have needed a loan. And so you went to one of those companies and you got a loan against that property that you owned. We can go ahead, if you file a bankruptcy case, you’re not going to lose that property. We can go ahead and file a motion to avoid that loan, lien technically, as well. And then you will still own all of those items free and clear once the bankruptcy case has concluded. So if you have questions of this nature, whether it’s a judgment that’s against you or a lien that you pledged some collateral for and you obtained the loan call my office at (770) 792-1000.

Bankruptcy Blog Posts:

Bankruptcy Filings Continuing To Rise In 2010

Due to high unemployment and an uncertain economic climate, consumer bankruptcy filings in America have increased in 2010. According to statistics reported by the American Bankruptcy Institute, a

Chapter 7 Bankruptcy and Chapter 13 Bankruptcy Comparison

Good Morning, this is Roger Ghai of www.Chapter7attorneys.com. I wanted to do a little informational video on bankruptcy options. In particular, Chapter 7 bankruptcy options and Chapter 13 bankruptcy

Filing Chapter 7 Bankruptcy – January 2010 Talk Law Radio Show Transcript

Janice: Good afternoon Atlanta and welcome to News & Talk 1380 WAOK. This is Janice Mathis and we’re here this afternoon and every Sat. afternoon at 1pm to talk with one of our lawyers who’s

Difference Between Chapter 13 & Chapter 7 Bankruptcy – March 2010 Talk Law Radio Show Transcript

Janice: Good afternoon Atlanta and welcome to Legal Talk. This is Janice Mathis. This is my favorite hour of the weekend. I learn something new every weekend talking to these brilliant lawyers we have

Bankruptcy FAQ:

Bankruptcy FAQ
Bankruptcy FAQ

Frequently Asked Questions: Table of Contents Who is permitted to file and maintain a chapter 7 case? Who should not file a Chapter 7 case? Is there anything that a person must do

Can Creditors Be Sued For Trying To Collect Debt After You File For Bankruptcy
Can Creditors Be Sued For Trying To Collect Debt After You File For Bankruptcy

The injunction is formally issued pursuant to 11 U.S.C. 362(a), commonly referred to as the Automatic Stay provision of the bankruptcy code, and it prohibits creditors from making further attempts to

Can Your Home Be Sold In Bankruptcy If You Don’t File Bankruptcy But Your Spouse Files Bankruptcy?
Can Your Home Be Sold In Bankruptcy If You Don’t File Bankruptcy But Your Spouse Files Bankruptcy?

In a recent case, In re Beck Mrs. Beck filed for bankruptcy protection but her husband did not. Together they owned a property which was valued at about $530,000.00. The property had actually been in

Can You Claim A Homestead Exemption In A Home You Do Not Live In?
Can You Claim A Homestead Exemption In A Home You Do Not Live In?

The Chapter 7 trustee objected to Mrs. Goulakos’s claim of exemption because she did not live in the house and because she was not the one who claimed the homestead exemption under Massachusetts

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    Can Creditors Be Sued For Trying To Collect Debt After You File For Bankruptcy

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      Ghai Law Firm
      Call for a free consultation:
      (770) 792-1000

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      LAW OFFICES OF ROGER GHAI

      1301 SHILOH RD NW STE 430

      KENNESAW GA   30144

      Mon-Fri: 9AM - 6PM

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      • ABOUT
        • Testimonials
        • Join Us
      • Practice Areas
        • Personal Injury
          • Pedestrian Accident
          • Car Accidents
            • Speeding Accident
            • Drinking and Driving Accidents
            • Left Hand Turn Accident
            • Rear-End Collision
            • Reckless Driving Accident
            • Uber Accidents
            • Hit-and-Run Accidents
            • Texting and Driving Accident
              • Texting and Driving Under 18
          • Truck Accident
            • Lane Usage Accident
            • Traumatic Brain Injury
          • Product Liability
            • Defective Drugs
            • Defective Medical Device
          • Premises Liability
            • Slip and Fall Accidents
          • Wrongful Death
          • Dog Bite
        • Bankruptcy
          • Debt Relief
          • Credit Card Debt
          • Chapter 13 Bankruptcy
          • Chapter 7 Bankruptcy
          • Foreclosure Bankruptcy
          • Free Legal Case Review
          • Medical Bills Bankruptcy
          • Rebuild Your Credit
          • Wage Garnishments
      • Areas We Serve
        • Kennesaw Personal Injury Lawyer
          • Kennesaw Bankruptcy Lawyer
        • Acworth Personal Injury Lawyer
          • Acworth Bankruptcy Lawyer
        • Marietta Personal Injury Lawyer
          • Marietta Bankruptcy Lawyer
        • Smyrna Personal Injury Lawyer
      • FAQs
      • Blog
      • Videos
      • Contact