Legal Question in Bankruptcy in Georgia

served with court papers November 2004/ ready to file

We got into a bad situation by signing for another car. We returned the car in May 2004. We got served with court papers in November. My attorney sent a letter about us filing bankrupcy. We currently have both loans through Ford Credit. Can we reaffirm the car were driving? I have had some late payments. We had a adjustable mortgage the interest was rate was going to change Febuary 2005. We applied for a FHA sreamline refinanced to a fixed @ 5.8%. no credit check or income verification was done. All closing cost was paid by broker. We want to reaffirm the house and the car we are paying for? We paid the attorney in November of 2004. There was so many errors on the paperwork we went back at least 3x to get them changed. I advised the attorney not to send the paperwork until i feel comfortable. I called him yesteday,he told he will update all the paperwork. since he has to make corrections. The question I have is that he told me to call ford credit and my new mortgage company to let them know we will be filing chapter 7, and reaffirm with them. Please advise should we make our first payment before calling the mortgage company? We don't want to loose our home. God bless


Asked on 3/10/05, 11:36 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: served with court papers November 2004/ ready to file

Unfortunately it is impossible to answer your questions without seeing your numbers. People often keep homes and cars in Chapter 7's but I would have to see your numbers to answer your question. Given that Congress is about to make it harder to file bankruptcy, you do not want to delayt if bankruptcy is appropriate. You'll have to decide if you wish to use present counsel or retain new counsel.

To assist or advise you, you'd need to get a worksheet from us at www.glenashman.com and have us review same.

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Answered on 3/10/05, 11:41 pm
Bernd Stittleburg Stittleburg Law Offices, LLC

Re: served with court papers November 2004/ ready to file

Congress is in the process of changing the bankruptcy laws and you may want to decide sooner rather than later to file chapter 7. In order to assist you, I would need more information. Please visit my web site at www.4georgiabankruptcy.com and then give me a call.

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Answered on 3/11/05, 8:15 am


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