Jonathan C. Ginsberg

Jonathan Ginsberg represents honest, hardworking men and women seeking debt relief under the United States Bankruptcy Code, or who are seeking benefits from the Social Security disability system.

• Free Consultation

Georgia

Since 1986

Attorney/Owner

Ginsberg Law Offices, P.C.

1997 - Current

Jonathan and Jodi Ginsberg practice together as Ginsberg Law Offices. Jonathan's practice focuses on: - Social Security disability - Consumer bankruptcy - Ch. 7 and Ch. 13 - Personal injury claims (auto accidents, negligence) Jodi's practice focuses on: - Georgia workers' compensation claims - Medical malpractice

Tulane University-LA

Law Degree

Georgia State Bar

Member

1986 - Current

Disability Answer Guide

GLO

October, 2004

Q. Can i file personal unsecured loans in bankruptcy and if yes.will i have to pay them off?

April 2, 2018

A: You have to include all debts including personal unsecured loans. If they are truly unsecured they will either be discharged (in a Ch. 7) or paid as unsecured (in a Ch. 13).

Q. My husband filed for chapter 13 and it was approved. He has been making payments always on time. He got a letter

April 2, 2018

A: It is not the trustee's error. Claims sometimes come in higher than expected or sometimes they are amended. Also, if your husband missed a payment or only paid a partial payment, then the term could exceed 60 months. Chapter 13 is a giant math problem and the trustee's system spits out terms problem when the math doesn't work. The fix would be to make a one time payment or to increase the monthly payment so the numbers work.

Q. Can a chapter 13 wipe out a mortgage if no claim is filed?

April 2, 2018

A: The secured creditor's failure to file a proof of claim does not eliminate the lien filed in your state clerk's records. If the secured lender does not file a proof of claim it will not participate in the Chapter 13 distributions but its lien and right to collect remain and will survive the bankruptcy.

Since many Chapter 13 cases are filed to cure mortgage arrearages, it defeats the purpose of the plan for a mortgage creditor not to participate in the Ch. 13. That's why, in many districts, the debtors' attorney is required to examine the claims file and report to the court (or file a substitute claim) if the creditor does not file a proof of claim.

Also, in many districts, the trustee will accept a late filed claim.

Bottom line: your mortgage isn't going to go away and you don't get your house for free. ... Read More