LAWYER REFERRAL AND INFORMATION SERVICE ( LRIS )
Modest Means Program Services Expanding for Bankruptcy Cases
The Modest Means Program ( MMP ) provides affordable legal assistance to the public who cannot afford to pay average attorney fees , but who do not qualify to receive free legal services . MMP services have been expanded to now include representing debtors in Chapter 13 bankruptcy cases and representing parties ( plaintiff or defendant , debtor or creditor ) in adversary proceedings related to Chapter 7 , Chapter 13 and Chapter 11 bankruptcy cases .
The general categories of adversary proceedings that may be the most common for prospective clients of the Modest Means Program include the following :
• Dischargeability of a Debt - Many credit card companies , banks and other lenders are actively reviewing petitions and credit usage histories to determine if the debtor obtained the debt by way of any fraudulent or improper means . A creditor can contest the dischargeability of a particular debt that was incurred through false pretenses , fraud , use of false financial statements , embezzlement , or larceny .
• Contesting the Entire Discharge - Allows an interested party to contest the entire discharge for intentional concealment , transfer or destruction of property ; unjustified failure to keep books and records ; dishonesty in connection with the bankruptcy code ; or failure to explain loss of assets .
• Student Loan Discharge - Allows a debtor to discharge a student loan if s / he can prove undue hardship : it would be impossible to maintain a minimal standard of living while repaying the loan ; the financial hardship must continue for a significant portion of the repayment period ; and the borrower has made a " good faith " effort to repay the debt .
• Matters involving Mortgage Issues
• Possible Class Actions ( FCRA , Mortgage issues , etc .
If you or someone you know needs legal assistance for a bankruptcy issue , please contact Joette Melendez ( jmelendez @ atlantabar . org ) or Lucia Keller ( lkeller @ atlantabar . org ) for more information on how the MMP may be able to help . ▪
12 March 2018