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