Matthew Berry | Atlanta Bankruptcy & Debt Lawyer

• Member, Metro Atlanta Consumer Bankruptcy Association, 2007 - Present
  Member, American College of Bankruptcy, 2005 - Present
  Member, State Bar of Georgia, 1986 - Present

• Legal Elite, Georgia Trend Magazine, 2012-2016
  Rated 10.0/10.0, Avvo

• In re Webb Practice Area: Chapter 13 Bankruptcy Date: Feb 22, 2007 Outcome: Court overruled the Chapter 13 Trustee's Objection Description: The Chapter 13 Trustee filed objections to confirmation on the grounds that the direct payments to the student loan creditors discriminated unfairly against the other unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(10). The court noted that, unlike cases that had disallowed direct payments on student loans, the debtors were not proposing to pay 100 percent of their student loans at the expense of their other unsecured creditors but simply proposed a continuation of the terms of the contract. The court overruled the Chapter 13 Trustee's objections to confirmation of the debtors' plan and confirmed the plan. In re Grady Practice Area: Chapter 13 Bankruptcy Date: Jul 21, 2006 Outcome: The Court Denied the Trustee's Objection to Plan Description: The Trustee objected to the debtors paying less of their disposable income than what was listed on their CMI form. The court said that the Debtors were required to pay the projected disposable income amount to the unsecured creditors based on their financial situation as of the petition date. The Bankruptcy Code allowed for modification of a bankruptcy plan to address changed conditions. The Trustee's position would prevent debtors from utilizing the very provisions of the Bankruptcy Code enacted to meet changing financial conditions. The court denied the Chapter 13 Trustee's objection to confirmation and request for dismissal and confirmed debtors' Chapter 13 plan.

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