Georgia Bankruptcy Legal Questions

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213 legal questions have been posted about bankruptcy by real users in Georgia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Georgia Bankruptcy Questions & Legal Answers
Do you have any Georgia Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 213 previously answered Georgia Bankruptcy questions.

Recent Legal Answers

I've changed the practice area to bankruptcy, because this is not a taxation question, and hopefully the right practice area will help you get attention from attorneys who are better suited to answer the question.  
I've changed the practice area to bankruptcy, because this is not a taxation question, and hopefully the right practice area will help you get... Read More
If you are filing a claim in a Georgia court, then your attorney ideally needs to be licensed to practice in Georgia. The attorney can live in Alabama or South Carolina, as long as they are licensed in Georgia and are willing to work in the Georgia court. You may want to contact attorneys who live and work near the Georgia border with Alabama (or South Carolina) and see if you can find someone licensed in both states. It's not uncommon for attorneys who live near a state line to be licensed on both sides of it.  ... Read More
If you are filing a claim in a Georgia court, then your attorney ideally needs to be licensed to practice in Georgia. The attorney can live in... Read More

Missing Creditor in Bankruptcy form

Answered 5 years and 10 months ago by Mr. Eric N. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
All is well. You need only list it once. Good luck!
All is well. You need only list it once. Good luck!
We often meet with people with debt problems whose only income is Social Security benefits.  In some cases, they are "judgment proof".  That is, there is no way for their creditors to collect.  Other than debts owed to government agencies, such as the IRS, or domestic support obligations, Social Security benefits are protected from creditors claims.  But, if you own your home or other valuable property, or if you have pledged collateral to secure a debt, or if you expect your financial situation to change, you may still need protection from creditors, even if your only income is Social Security. If you are being harassed by creditors, sued, garnished, or threatened with repossesion of property, it is always best to get advice from an attorney experienced in  consumer bankruptcy matters.  Your attorney can fully evaluate your situation and determine if you need bankruptcy protection, or if it is safe to simply ignore the creditors.  Don't wait, get good advice now.  You'll be glad you did. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.    ... Read More
We often meet with people with debt problems whose only income is Social Security benefits.  In some cases, they are "judgment proof". ... Read More

I need help, about to lose my house need help stopping the sale of house

Answered 8 years and 7 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
If your mortgage lender has started the foreclosure process, and you have not been able to resolve the matter, it is time to consider your bankruptcy options.   When a bankruptcy case is filed, with few exceptions an “automatic stay” goes into effect.  The stay prevents creditors, including mortgage lenders, from taking any action to collect a debt.  If a foreclosure is pending, it must be stopped.  If you file a Chapter 7 bankruptcy, however, the foreclosure may only be stopped temporarily.  The lender will likely file a motion for relief from the stay.  Such motions are routinely granted by the Courts.  This will allow the lender to start the foreclosure process again. Usually, the better alternative to deal with a mortgage arrearage is Chapter 13.  Chapter 13 allows an individual or couple with regular income to deal with their debts by making regular payments to a Chapter 13 Trustee over a period of 3 to 5 years.  The plan can cure an arrearage on a home mortgage over a term of up to 60 months, and deal with other short-term debts such as credit cards, car loans, and medical bills.  This can free up funds so that future mortgage payments can be made in a timely manner.      Remember, deciding whether to file a bankruptcy case, and what chapter to file under, can be complicated.  It is critical to get good advice from a qualified and experienced bankruptcy attorney before making your decision. Morgan & Morgan of Athens, Georgia has more than 30 years experience helping homeowners save their homes through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  If you are facing foreclosure, visit our website at www.morganlawyers.com or call (706)548-7070 today for an appointment. ... Read More
If your mortgage lender has started the foreclosure process, and you have not been able to resolve the matter, it is time to consider your bankruptcy... Read More

If I am married and all debt owed is in my name can I file bankruptcy alone?

Answered 8 years and 7 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
You are not required to file a joint bankruptcy case with your spouse.  You can file individually, you each could file separate cases if you wish, or you can file a joint case.  This is a decision that should be made carefully after reviewing your debts, income, and assets. If you have a codebtor on an obligation and file a bankruptcy for yourself only, your codebtor will not receive a discharge of the debt.  If you file a Chapter 7 case, the creditor will be free to continue to try to collect from your codebtor just as though the bankruptcy had not been filed.  If you have a codebtor on a consumer debt, such as a car loan, and you want to protect the codebtor, you may want to consider Chapter 13.  Upon the filing of a Chapter 13 case, a "codebtor stay" goes into effect, which prevents a creditor on a consumer debt from attempting to collect from your codebtor.  If you propose a Chapter 13 plan to pay the debt in full, the creditor will not be able to get relief from the codebtor stay.  Upon completion of your plan, the creditor would have no reason to pursue your codebtor, as the debt will have been fully paid.  Keep in mind, however, that the codebtor stay only applies to consumer debts, not business debts, and not most tax debts.  If your spouse is a codebtor on those types of debts, you may want to consider a joint Chapter 7 or 13 case. Even if you file an individual case, if you are married and living with your spouse, you must disclose both spouse's incomes in your bankruptcy paperwork.  But, the non-filing spouse's name or social security number is not required. Remember, the bankruptcy law is complex.  Bankruptcy is not a do-it-yourself project.  Get help from an experienced attorney.  You'll be glad you did. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More
You are not required to file a joint bankruptcy case with your spouse.  You can file individually, you each could file separate cases if you... Read More

can I keep my house and vehicles if I filed a Chapter 13

Answered 8 years and 8 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
  Many people have the mistaken idea that they will lose all their property if they file a bankruptcy case.  NOT TRUE!  There are exemptions allowed for many different assets.  Although the exemption amounts vary from State to State, in general, equity in your home will be protected up to certain limits.  Household goods, clothes and personal items, jewelry, vehicles, and even savings are protected, again up to limits set by State or Federal statute.  If you have assets that cannot be claimed as exempt, these can usually be protected by filing under Chapter 13 .  Chapter 13 allows for a payment plan designed to pay your creditors over time what they would have received if your non-exempt property were sold, thereby protecting those items you can't fully exempt.   KEEP IN MIND, you should never transfer property to a friend or relative prior to filing a bankruptcy.  The bankruptcy Trustee has the power to recover transferred property, and you would likely lose any exemption you could have claimed to protect it.   Make sure you get good advice from an experienced attorney BEFORE you make a decision about filing a bankruptcy case, and BEFORE you transfer any asset or repay any debt to a relative.  Your attorney will know the exemptions available to you, and will be able to help you make the right decision to protect your property.   MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More
  Many people have the mistaken idea that they will lose all their property if they file a bankruptcy case.  NOT TRUE!  There are... Read More

If you file chapter 13 can you have things in your name

Answered 8 years and 10 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
Many people have the mistaken idea that they will lose all their property if they file a bankruptcy case.  NOT TRUE!  There are exemptions allowed for many different assets.  Although the exemption amounts vary from State to State, in general, equity in your home will be protected up to certain limits.  Household goods, clothes and personal items, jewelry, vehicles, and even savings are protected, again up to limits set by State or Federal statute.  If you have assets that cannot be claimed as exempt, these can usually be protected by filing under Chapter 13 rather than Chapter 7.  Chapter 13 allows for a payment plan designed to pay your creditors over time what they would have received if your non-exempt property were sold, thereby protecting those items you can't exempt. MOST IMPORTANTLY, you cannot transfer property to a friend or relative prior to filing a bankruptcy.  The bankruptcy Trustee has the power to recover transferred property, and you would likely lose the exemption you could have claimed to protect it. Make sure you get good advice from an experienced attorney BEFORE you make a decision about filing a bankruptcy case, and BEFORE you transfer any asset or repay any debt to a relative.  Your attorney will know the exemptions available to you, and will be able to help you make the right decision to protect your property. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More
Many people have the mistaken idea that they will lose all their property if they file a bankruptcy case.  NOT TRUE!  There are exemptions... Read More

Can a student loan be included in a bankruptcy

Answered 8 years and 10 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
  Student loan debt has become a crushing burden on a huge number of people.  Although under the current law, bankruptcy usually cannot completely discharge (wipe out) student loans, in many cases it can provide relief.   Chapter 13 bankruptcy allows you to set up a payment plan to deal with all of your debts, including student loans.  A typical plan will run from 36 to 60 months in length. Your student loan debt may not be fully paid off by the plan, but while the plan is going on, the lender cannot take any action to collect the debt.  So, you do not have to worry about the lender garnishing your wages, seizing your tax refund, etc..  Once you complete your plan, the lender will be free to collect again.  At that point, many borrowers try to get their loan into an income contingent repayment plan.  The U.S. Department of Education has several plans that allow borrowers to have their monthly payment adjusted each year according to their income.   If you are considering Chapter 13, be sure to see an experienced bankruptcy attorney.  Experience matters!  Your attorney will try to set up a plan that you can comfortably pay and still meet your ordinary living expenses.    Morgan & Morgan of Athens, Georgia has more than 30 years experience helping people deal with student loans and other debts through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  Chapter 13 plans can be started with as little as $75 up front.  If you need help, visit our website at www.morganlawyers.com, or call (706)548-7070 today for an appointment.    ... Read More
  Student loan debt has become a crushing burden on a huge number of people.  Although under the current law, bankruptcy usually cannot... Read More

My name is Lucile i was wondering what i need to do for a garnishment on my wages

Answered 9 years and a month ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
In Georgia, if a creditor sues and gets a court judgment on the debt, it can file a garnishment action to collect the judgment.  By the time this occurs, it is normally too late to dispute the debt.  So, your options are limited.  You can try to negotiate a settlement of the claim by contacting the attorney that filed the garnishment action, but this will likely require a lump sum payment and/or a significant monthly payment.  By the time the case has gone this far, many creditors simply won't negotiate anything other than a lump sum settlement. If settlement is not an option, bankruptcy options may need to be considered.  You may be able to discharge the debt completely in a Chapter 7 bankruptcy.  In a Chapter 13 bankruptcy, the debt may be paid a small percentage, or in many cases nothing at all, as part of a plan that deals with all of your debts. The most important thing to remember is this.  Get immediate advice from a qualified, experienced attorney.  There is no substitute for experience.  Most good attorneys that handle debt matters offer a free initial consultation.  Don't wait.  Get help today. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.      ... Read More
In Georgia, if a creditor sues and gets a court judgment on the debt, it can file a garnishment action to collect the judgment.  By the time... Read More
If a driver's license is suspended due to a claim for civil damages arising out of an accident, filing a bankruptcy case under either Chapter 7 or Chapter 13 will normally result in the suspension being lifted and the license reinstated.  The purpose of the license suspension in those cases is to force payment of a debt, and bankruptcy stops all actions to collect a debt.  Of course, there may be circumstances, or some jurisdictions, where this general rule would not apply.  Always consult with an experienced, qualified bankruptcy attorney before making a decision about filing.  Don't use an inexperienced attorney or try to go it alone.  GET QUALIFIED HELP.  YOU'LL BE GLAD YOU DID. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More
If a driver's license is suspended due to a claim for civil damages arising out of an accident, filing a bankruptcy case under either Chapter 7 or... Read More
Almost every employer with a significant number of employees has had workers involved in a Chapter 13 case.  It very rarely causes a problem.  In fact, it is illegal for a private employer to discriminate against an employee because he or she filed a bankruptcy case.  In the rare situation where an employer terminates or otherwise discriminates against an employee because of a bankruptcy filing, the bankruptcy attorney can file an action in the bankruptcy court for reinstatement and damages.  Frankly, though, it's almost never necessary. To be sure your rights are fully protected, make sure you hire an experienced bankruptcy lawyer.  Experience matters! MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  FOR MORE THAN 35 YEARS WE HAVE HELPED PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.    ... Read More
Almost every employer with a significant number of employees has had workers involved in a Chapter 13 case.  It very rarely causes a... Read More

Can I file chapter 13 after 9 years of chapter 7?

Answered 9 years and 3 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Having filed a previous chapter 7 does not disqualify you from filing a subsequent bankruptcy case, but there are plenty of other eligibility issues that may preclude you from being successful with a subsequent bankruptcy case. The devil will be in the details, and by details, I mean the numbers relating to your disposable income and the amount and type of your debts.... Read More
Having filed a previous chapter 7 does not disqualify you from filing a subsequent bankruptcy case, but there are plenty of other eligibility issues... Read More

I want to file chpt 13 now how do I do it

Answered 9 years and 5 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
Student loan debt has become a crushing burden on a huge number of people.  Although under the current law, bankruptcy usually cannot completely discharge (wipe out) student loans, in many cases it can provide relief. Chapter 13 bankruptcy allows you to set up a payment plan to deal with all of your debts, including student loans.  A typical plan will run from 36 to 60 months in length. Your student loan debt may not be fully paid off by the plan, but while the plan is going on, the lender cannot take any action to collect the debt.  So, you do not have to worry about the lender garnishing your wages, seizing your tax refund, etc..  Once you complete your plan, the lender will be free to collect again.  At that point, many borrowers try to get their loan into an income contingent repayment plan.  The U.S. Department of Education has several plans that allow borrowers to have their monthly payment adjusted each year according to their income. If you are considering Chapter 13, be sure to see an experienced bankruptcy attorney.  Experience matters!  Your attorney will try to set up a plan that you can comfortably pay and still meet your ordinary living expenses.  Morgan & Morgan of Athens, Georgia has more than 30 years experience helping  people deal with student loans and other debts through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  Chapter 13 plans can be started with as little as $75 up front.  If you need help, call (706)548-7070 today for an appointment.    ... Read More
Student loan debt has become a crushing burden on a huge number of people.  Although under the current law, bankruptcy usually cannot completely... Read More

what is the standard price to file bankruptcy

Answered 10 years ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
  Unfortunately, it is not possible to say what the "standard fee" is for bankruptcy cases.  Every case is different.  Different services may be needed, such as motions to avoid liens, negotiating reaffirmation agreements, defending objections, etc..  If a law firm tries to quote you a firm fee over the phone, brace yourself.  It is likely to change as the case is prepared. In consumer bankruptcy cases, you will find that most experienced firms charge similar fees.  This is particularly true in Chapter 13 cases.  A lawyer that charges dramatically less is doing so for a reason--probably because he or she is inexperienced and trying to build a practice, or has a poor reputation.  Legal services are like anything else.  The cheapest is usually not the best way to go.   Most experienced firms also have some type of payment plan.  In Chapter 13 cases, the fee is usually included in the Plan, so attorney fees do not have to be paid up front.   Look for an experienced attorney with a good reputation.  You'll likely find that the fee is competitive, and the services much better than a "cut rate" provider.    MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More
  Unfortunately, it is not possible to say what the "standard fee" is for bankruptcy cases.  Every case is different.  Different... Read More

Can I file capter 7 If already in chapter 13

Answered 10 years and 5 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
In most cases, a debtor in a Chapter 13 case can convert the case to Chapter 7.  There are exceptions, however.  If you filed a Chapter 7 case within 8 years prior to filing the Chapter 13 case, you likely would not qualify for Chapter 7 relief.  Also, if  your income is too high, the "means test" may disqualify you from Chapter 7.  If you are paying secured debts through the Chapter 13 plan, such as a car loan or a home mortgage arrearage, you would have to work out a new arrangement with the creditor, or you may lose the collateral after converting the case.  And, if you have property or other assets that have value over and above the amounts you can claim as exempt property in the Chapter 7 case, you could lose those assets in Chapter 7. The decision whether to convert to Chapter 7, try to modify your Chapter 13 plan to a lower payment, or simply dismiss the Chapter 13 case is complex.  Make sure you fully discuss all of the ramifications with your attorney before you make the decision.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More
In most cases, a debtor in a Chapter 13 case can convert the case to Chapter 7.  There are exceptions, however.  If you filed a... Read More
Filing a bankruptcy case will virtually always get you at least temporary relief from an IRS levy or wage garnishment.  The more difficult question is whether you can permanently discharge your tax debt. This requires careful analysis of your situation by a qualified bankruptcy attorney. Section 523 of the U.S. Bankruptcy Code governs the dischargeability of taxes. Generally, taxes on income owed to the IRS or a state are not dischargeable in bankruptcy unless they are owed for a taxable year for which a return was due more than three years before the filing of the bankruptcy case, and certain other requirements are met.   For example, the return for the 2011 tax year would normally have been due on April 15, 2012.  Taxes for that year would not be dischargeable in a bankruptcy case unless the case was filed after April 15, 2015.  In many cases we find that some of the tax obligation is dischargeable, but the more recent taxes are not.  In that case, the dischargeable portion can be wiped out in a bankruptcy, thereby substantially reducing the total obligation. But some arrangement must still be made to deal with the non-dischargeable taxes.  In this situation, Chapter 13 can often be the better choice than Chapter 7. Even if your income taxes are not dischargeable in a Chapter 7 bankruptcy, you may be able to deal with them through a Chapter 13 plan.  In many Chapter 13 cases, we are able to set up a plan to repay the non-dischargeable taxes under the protection of the Court, without future interest. In Chapter 13, the dischargeable portion of the taxes, along with other unsecured debts like credit cards and medical bills, are often paid little or nothing.  If the plan is successfully completed, the remaining balance on these debts is permanently discharged (wiped out).  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More
Filing a bankruptcy case will virtually always get you at least temporary relief from an IRS levy or wage garnishment.  The more difficult... Read More

Can I file bankruptcy for child support arrears? How?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
That would be a no.
That would be a no.

Can I file bankruptcy for child support arrears? How?

Answered 10 years and 7 months ago by Patrick William Currin (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
That would be a no.
That would be a no.

Is it to late to stop foreclosure

Answered 10 years and 8 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
When a bankruptcy case is filed, with few exceptions an “automatic stay” goes into effect.  The stay prevents creditors, including mortgage lenders, from taking any action to collect a debt.  Even if the foreclosure process has already started, it must be stopped.  If you file a Chapter 7 bankruptcy, however, the foreclosure may only be stopped temporarily.  The lender will likely file a motion for relief from the stay.  Such motions are routinely granted by the Courts.  This will allow the lender to start the foreclosure process again.  Usually, the better alternative to deal with a mortgage arrearage is Chapter 13.  A Chapter 13 plan allows an individual or couple with regular income to deal with their debts by making regular payments to a Chapter 13 Trustee over a period of 3 to 5 years.  The plan can cure an arrearage on a home mortgage over a term of up to 60 months, and deal with other short-term debts such as credit cards, car loans, and medical bills.  This can free up funds so that future mortgage payments can be made in a timely manner. Another huge advantage of Chapter 13 is that your attorney fees can be included in the plan, so that the case can be filed without a big upfront expense. Deciding whether to file a bankruptcy case, and if so under what chapter to file, can be complicated.  It is critical to get good advice from a qualified and experienced bankruptcy attorney before making your decision.                 Morgan & Morgan of Athens, Georgia has more than 35 years experience helping homeowners save their homes through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  Chapter 13 plans can be started with as little as $75 up front.  If you are facing foreclosure, call (706)548-7070 today for an appointment.  For additional information, visit our website at www.morganlawyers.com. ... Read More
When a bankruptcy case is filed, with few exceptions an “automatic stay” goes into effect.  The stay prevents creditors, including... Read More

If my co-signer is filing bankruptcy where does that leave me?

Answered 10 years and 9 months ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Student loans are typically not dischargeable. There is a "hardship" exception. Meet with a lawyer face to face to see what you are up against.
Student loans are typically not dischargeable. There is a "hardship" exception. Meet with a lawyer face to face to see what you are up against.

Would it be smarter to file Chapter 7 or Chapter 13 bankruptcy?

Answered 10 years and 9 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
These are some of the questions that must be addressed when you consider bankruptcy options: (1)  How badly do I need relief?  Are creditors hounding me?  Have I been sued?  Am I facing a garnishment or foreclosure?  Is the pressure of dealing with my debts causing problems with my job, my health, my family relationships?    (2)  Should I file under Chapter 7 or Chapter 13?  Most individuals qualify for relief under either Chapter 7 or Chapter 13.  However, higher income individuals may be restricted to a Chapter 13 repayment plan.  Chapter 13 may sometimes be the better choice for other reasons.  For example, Chapter 13 can be used to cure a mortgage arrearage to protect your home.  Chapter 13 may also allow you to deal with other secured debts in a more effective way, through what is called a “cramdown”.  In a cramdown, you only pay the value of the collateral, such as an automobile, rather than the entire debt, allowing you to retain property you may not have been able to afford by simply filing under Chapter 7 and reaffirming the debt according to its original terms.  Chapter 13 can also be used to deal more effectively with nondischargeable debts, such as taxes and domestic support obligations. (3)  Will filing a bankruptcy case really help?  Bankruptcy under either Chapter 7 or Chapter 13 will stop creditor harassment, foreclosure, garnishments and lawsuits.  Some debts, however, cannot be completely discharged (wiped out) by a bankruptcy filing.  These include recent income taxes, child support, alimony, and most student loans.  (4)  Will I lose my property?  In most bankruptcy cases, the debtor is able to retain his property.  However, if the property is being used as collateral on a debt, a plan must be proposed to pay the creditor at least the value of the property in order to protect it.  If the amount of equity in your property exceeds what you are allowed to claim as exempt property, the property could be sold in a Chapter 7 case.  Chapter 13 can prevent this, if you propose a plan that pays your unsecured creditors at least as much as they would have received in a Chapter 7 liquidation. (5)  Can I afford the cost of filing a bankruptcy case?  Most experienced bankruptcy law firms will provide a free initial consultation.   In Chapter 13 cases, the attorney fees are usually included in the repayment plan, so a case can be started with little money up front. The most important thing to remember: Get good advice from an experienced bankruptcy attorney. Only a fully qualified, experienced attorney will be able to fully advise you and follow through with the best plan of action.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More
These are some of the questions that must be addressed when you consider bankruptcy options: (1)  How badly do I need relief?  Are... Read More

What do I do if I want to file for bankruptcy but can't afford an attorney because I'm on SSDI?

Answered 10 years and 10 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You are "judgment proof". In other words, if somebody sues you and gets a judgment (a piece of paper that says you owe money), they can not collect on the judgment. You have no real estate to put a lien on, and you have no wages to garnish. Also, they can not touch any type of Social Security monies. So you are protected. Hope this helps.... Read More
You are "judgment proof". In other words, if somebody sues you and gets a judgment (a piece of paper that says you owe money), they can not collect... Read More

Is there a way to know if the judge will accept a Chapter 7? How?

Answered 10 years and 11 months ago by Richard N. Gonzales (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Hire a lawyer. I would need the answers to dozens and dozens of questions to properly answer your question.
Hire a lawyer. I would need the answers to dozens and dozens of questions to properly answer your question.
It is never too early to begin rebuilding your credit after filing a Chapter 7 bankruptcy.  If you file under Chapter 13 (a repayment plan), some jurisdictions restrict your use of credit until your plan is completed. Of course, it is very important to avoid getting into credit problems again.  Start slowly.  Do not take on more credit than you can comfortably handle. Many people start out with a secured credit card as a way to begin building a new credit history.  Since the card issuer holds an initial deposit to protect itself against default, it is easy to get a secured card, even without a good credit score. Shop online for the best deals. If you have reaffirmed any debts (such as a car loan or home mortgage) as part of a Chapter 7 case, continuing to pay those debts on a timely basis wll help to build a new positive credit history. Keep in mind that not all creditors file reports with the major credit bureaus.  Getting a loan at a small loan company, for example, may not do anything to help your credit.  Make sure that the company you deal with files reports, and make sure that you make all payments on time. Good credit is not built overnight, but you must use credit, and use it wisely, to establish a good credit score.  Don't wait any longer than you have to in starting the process.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read More
It is never too early to begin rebuilding your credit after filing a Chapter 7 bankruptcy.  If you file under Chapter 13 (a repayment plan),... Read More