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Robert Gambrell

Robert Gambrell

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  • Bankruptcy, Social Security Disability/SSI
  • Mississippi
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Summary

I have practiced law in Mississippi since January, 1977. My math background has helped me assist my client's with their financial problems in ways that those without a math background are unable to do. My bachelors degree was in mathematics and I received both my bachelors degree and my Juris Doctorate from the University of Mississippi. My primary focus is in the areas of Chapter 13, Chapter 7, Chapter 12 and Chapter 11 Bankruptcy along with Social Security Disability Claims. I am one of only three attorneys in Mississippi selected as a super lawyer by MidSouth Super lawyers in the area of consumer bankruptcy law. I am a member and a past-president of the Mississippi Bankruptcy Conference, which is the statewide organization for bankruptcy professionals in the state of Mississippi. I have frequently been on the faculty of seminars for attorneys and lay persons in the field of bankruptcy, including seminars for local, statewide and national audiences.

Practice Areas
  • Bankruptcy
  • Social Security Disability/SSI
Fees
  • Free Consultation
    60 minute free consulation
  • Contingent Fees
    Contingent fees accepted in Social Security Disability claims and in some litigation against lenders within the bankruptcy proceedings.
Jurisdictions Admitted to Practice
Mississippi
5th Circuit
Education
University of Mississippi
J.D. / law (1976)
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University of Mississippi
B.S. / mathematics (1972)
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Awards
selected as a super lawyer
SuperLawyers.com
selected as a super lawyer
SuperLawyers.com
selected as a super lawyer
SuperLawyers.com
selected as a super lawyer
SuperLawyers.com
selected as a super lawyer
SuperLawyers.com
selected as a super lawyer
SuperLawyers.com
selected as a super lawyer
SuperLawyers.com
Professional Associations
Mississippi Bankruptcy Conference
Past President / current member
- Current
Activities: In addition to serving one year as president of the statewide organization for bankruptcy professionals, I served as the co-chairman for the annual seminar for two consecutive years.
Mississippi State Bar # 4409
Member
- Current
Publications
Articles & Publications
Avoidance of Liens on Household Goods, Business Equipment, etc
www.ms-bankruptcy.com
Exemptions in Mississippi
www.ms-bankruptcy.com
Speaking Engagements
Discharging Student Loans, Annual Mississippi Bankruptcy Conference Seminar, Jackson, MS
Mississippi Bankruptcy Conference
Tips for a Better Consumer Bankruptcy Practice, Annual Mississippi Bankruptcy Conference Seminar, Jackson, MS
Mississippi Bankruptcy Conference
Hot Topics In Chapter 7 Cases in Chapter 13 Cases, Annual Mississippi Bankruptcy Conference Seminar, Jackson, MS
Mississippi Bankruptcy Conference
Consumer Claims in Chapter 13 Cases, ABI Southeastern Regional Bankruptcy Conference, Amelia Island, FL
American Bankruptcy Institute
Overview of BAPCPA 2005 Amendments, Mississippi Bankruptcy Conference Spring Seminar, Jackson, MS
National Association of Bankruptcy Attorneys
Gambling Issues in Bankruptcy, NACBA Annual Convention, Las Vegas, Nevada
National Association of Bankruptcy Attorneys
Websites & Blogs
Website
Website
Legal Answers
81 Questions Answered

Q. I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.
A: Qualification to file for relief under chapter 7 of the bankruptcy code does not depend upon the number of creditors that you have, the amount you owe or whether you are behind on those debts. Qualification for a chapter 7 discharge depends upon your monthly income and expenses in relation to the amount of your unsecured debt. There are two separate tests, one being the Means Test and the other being the Abuse Test. Qualification to file for relief under chapter 13 of the bankruptcy code depends upon whether your income and living expenses will provide you with enough disposable income to pay your chapter 13 plan payment. You plan payment amount will depend upon the amount of secured debt and priority debt (generally taxes and child support) that you must pay along with the amount of attorney's fees that are being paid through the plan. If you can pay the secured and priority debt along with your attorney's fees in what is called the commitment period and you still have money available to pay into the plan, you will also be required to pay what you can afford to pay to unsecured creditors such as credit card debt and medical bills. The commitment period will either be 3 years or 5 years depending upon the family's monthly income and the size of the household. The best way to answer your question is to take advantage of a free initial consultation with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases even if you think you need to file under chapter 7. Become educated on all the issues involved and related to your current economic situation, find out the advantages and disadvantages for filing under each chapter and use an attorney that can help you make the right decision for you. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Find a Lawyer" link at the top of this page to search for an attorney.
Q. What type of debt must i have to file chapter 7?
A: There is no requirement that you owe a minimum amount that you owe or type of debt that you must have to file for bankruptcy. Also, there is no magic dollar amount or type of debt that says, you should file bankruptcy. There are many factors that need to be considered when making the decision to file for relief under chapter 7 or chapter 13 of the bankruptcy code. Some of those factors are: 1) total amount of unsecured debt such as credit card debt, medical bills, personal loans, old utility bills, etc.; 2) total amount of secured debt such as auto loans, house mortgages and loans that have other items as collateral; 3) for loans made to purchase autos and other personal property in which the collateral are the purchased items, did you purchase the auto more or less than 2.5 years ago or did your purchase other personal property more or less than one year ago; 4) what is the interest rate on you secured loans and would a reduction to around 5.0% help you significantly; 5) for the tax debt is the debt dischargeable in a chapter 7 or chapter 13, and if not, would discharging the penalties in a chapter 13 and stopping the interest from running on the tax be a significant savings; 6) your projected income and expenses and you means test income and expenses, which considers your average income over the past 6 months; 7) what assets do you own that are exempt and what assets that you own that are not exempt; 8) is your income subject to being garnished by a judgment creditor if you decide not to file; and 9) your current credit score, which if it is already extremely low now, your score could be helped by filing and doing the right things to rebuild your credit after entry of the discharge order in your case. The only way to find out if bankruptcy right for you is to take advantage of a free initial consultation with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases even if you think you need to file under chapter 7. Become educated on all the issues involved and related to your current economic situation, find out the advantages and disadvantages for filing under each chapter and use an attorney that can help you make the right decision for you. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Find a Lawyer" link at the top of this page to search for an attorney.
Q. In 2009 I had a total discharge Chp 7 bankruptcy. Can I file bankruptcy again due to job and income loss?
A: You can file a chapter 7, but you will not receive a discharge, so the filing would put another bankruptcy on your credit report and would give you no relief. You can file for relief under chapter 13 of the bankruptcy code and receive a discharge. The rule on when a new case can be filed is as simple as 2, 4, 6, 8. 2 years: ch 13 to ch 13 4 years: ch 7 to ch 13 6 years: ch 13 to ch 7 8 years: ch 7 to ch 7 If you filed a chapter 7 or a chapter 13 the first time and five years has passed, then you can file for relief under chapter 13 and receive a discharge. However, I have had clients tell me that they filed their prior case a certain number of years, but upon checking, the time period was much less than the client thought. You need to check your prior filing to make absolutely sure that you have the time between cases right. If you own no nonexempt assets and your income and expenses establish that your disposable income is low enough, then you may be able to propose a plan that pays a very small percentage to unsecured claims or possibly propose to pay $0.00 to unsecured claims. You should meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. You may discover that a chapter 13 would be your best option even if you could file a chapter 7 and receive a discharge. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Find a Lawyer" link at the top of this page to search for an attorney.
Q. How and when is a credit card debt declared non-dischargeable repaid in a chapter 13 case?
A: The nondischargeable credit card debt is still an unsecured debt. All unsecured debt must be paid in the same manner through the chapter 13 plan. If you are paying 10% to unsecured creditors, that is all that the nondischargeable will receive through your chapter 13 plan. However, the unpaid portion of he nondischargeable credit card debt will be owed by you once you receive your chapter 13 discharge. The amount that is owed at that time will include any interest that were incurred during the bankruptcy. At that point, you need to set up a payment plan with the credit card bank and live up to the terms of the installment payment plan. Most installment plans have a provision that says if you default on one payment, then the bank can garnish and take any other action to collect the debt allowed under state law.
Q. If my wife and I file a chp 7 bankruptcy in MS can we exempt two vehicles if they are both less than $10,000?
A: Each of you are entitled to exempt up to $10,000.00 worth of tangible personal property, including such items as cash on hand, household goods, tools of the trade, animals, motor vehicles, medically prescribed items, and anything other than the listed items that has a value of less than $200.00. If both vehicles are titled in jointly in you and your wife, then each of you would use $3,750.00 of your $10,000.00 exemption on the autos. If the truck is in your name only and the wife is titled jointly in both names, then you would use $5,750.00 of your $10,000.00 exemption limit while your wife will only use $1,750.00 of her $10,000.00 on the autos. You should not take an action transferring the vehicles prior to filing the bankruptcy even if both are in just your name or just her name. Before you do that, you need to make an appointment with an experienced bankruptcy attorney that handles both chapter 7 and chapter 13 bankruptcy cases.
Q. I am wondering if I can declare bankruptcy on the loan against my house?
A: If you file a petition for relief under the bankruptcy code, you must list all creditors. Your question does not tell us what you want to do about the house mortgage. If you want to walk away from the house and not owe the the debt, then you can discharge the debt which is secured by your home. The bank will be allowed to foreclose at some point, but the bank will not be able to sue you for the deficiency. The foreclosure will show on your credit report, and the debt will show that the debt was included in the bankruptcy discharge with a $0.00 balance. If you want to keep the home, then you will be required to continue to pay the mortgage payments and bring the loan current if you file a chapter 7. If you file a chapter 13, you will be able to bring the arrears current over a period of 3 to 5 years, but you must make all future house notes.
Q. WE filed Chapter 7 in 2003 our land has been coded as filed chapter 7 but their people is telling us now our land
A: A bankruptcy discharge order discharged your obligation to pay certain debts, but it does not discharge a lien, such the lien created by a deed of trust (another name for a mortgage). There are some types of liens on a homestead that can be avoided in a bankruptcy, but those liens are generally judicial liens created by a judgment being enrolled in the county where your property is located. If the debt was discharged in 2003, the creditor that holds the deed of trust may be barred from foreclosing on the deed of trust because of the statute of limitations. If that is the case, then a complaint for a declaratory judgment can be filed in the Chancery Court for Grenada County, but you and your attorney need to make absolutely sure that the SOL has run. You should contact an experienced attorney that handles chapter 7 and chapter 13 bankruptcy cases and also handles litigation in bankruptcy cases and debt settlement or debt collection matters. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
Q. I just filed for Chapter 13 bankruptcy on August 29th, 2015. Can I file a Notice of Conversion to Chapter 7?
A: You can file a motion to convert to a chapter 7. Whether your court requires that notice be provides to creditors or if the order converting the case without notice to creditors can be entered will depend upon the practice in your court. In our court and I believe in most, the judge will sign the order without requiring notice to creditors. The issue of qualification to proceed in a chapter 7 and receive a chapter 7 discharge is the same as it was on the date you filed, August 29th as the petition date will not change. If you filed pro se, you will have a better chance of making it through the case without counsel in a chapter 7. Per a US Courts study in 2011, pro se chapter 7 debtors are 8 times more likely to have their case dismissed than chapter 7 debtors that are represented by an attorney. That same study reported that pro se chapter 13 debtors are 50 times more likely to fail in their quest to have their chapter 13 plan confirmed than chapter 13 debtors represented by counsel.
Q. I understand about government backed students loans and interest cannot be discharged without getting a favorable ruling
A: If you have a confirmed plan that proposes to pay allowed general unsecured claims a percentage of the creditor's claim, the student loan claim will only be paid the percentage that was to be paid on the claim as it existed on the date the bankruptcy petition was filed. However, the student loan lender can apply the payments received during the plan to interest first if that is the manner in which the payments are to be applied per the promissory note and state law, with any portion over the interest being applied to principal for the purpose of determining what you owe once you receive your discharge. If your plan proposes to pay 100% to unsecured claims with no interest being paid to unsecured claims, then the student loan lender will still be able to apply the payments being made 1st to interest with the remaining portion of each payment above the interest to the principal balance of the loan. However, as stated above, the student loan will not be able to collect the interest during the plan unless the confirmed plan authorizes that. It does not matter how the creditors that hold dischargeable general unsecured claims apply the payment. If the creditors choose to apply the payments in the manner stated above, the entire unpaid balance that remains upon completion of the plan and receipt of a discharge is discharged. However, if your case is dismissed, you lose all the benefits of the chapter 13, including the fact that the interest was going to be discharged. That creditor can then add to the claim all of the interest, late charges and other cost that accrued after the petition date, provided the creditor is allowed to charge the interest and cost under the promissory note and under state law. The automatic stay precludes any holder of a claim to attempting to collect anything above the amount being proposed to pay that lender through the plan, but does not preclude the lender from choosing how to show the payments are being applied within the lender's accounting system.
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Hernando Office
2170 Hwy 51 S, Ste 3
Hernando, MS 38632
USA
Telephone: (662) 342-7700
Fax: (662) 202-1004
Oxford Office
101 Ricky D Britt Sr Blvd, Ste 3
Oxford, MS 38655
USA
Telephone: (662) 281-8800
Fax: (662) 202-1004