Georgia Bankruptcy Legal Questions

If you have resided in Georgia for more than two years, it is likely that you could file a bankruptcy case and protect your workers compensation benefits.  The Georgia bankruptcy exemptions are found in Section 44-13-100 of the Georgia Code.  There is an exemption for payment on account of personal injury of up to $10,000.  There is also an exemption for payment in compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his/her dependents.  So, in most cases the combination of these exemptions will fully protect a workers compensation settlement in a bankruptcy case.  If you have not resided in Georgia for more than two years, you may be required to use another State's exemption code, which could be less generous in protecting your settlement funds. In either case, it is critical that you get personal and specific advice from a bankruptcy specialist before filing a case. Lee Morgan is an attorney in Athens Georgia with more than 30 years experience in bankruptcy, Social Security Disability, and workers compensation.  He offers a free initial consultation in consumer bankruptcy matters.  Call (706)548-7070.... Read Answer

Typically, bankruptcy courts require a fee in order to file for bankruptcy, but this fee can sometimes be waived if you have a low income.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Tai Figueiredo Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688FAX:    877-475-8147  ... Read Answer

There should not be any ramifications.  If you did not reaffirm the debt, then the loan was discharged in your bankruptcy case (assuming you received a discharge) and you owe no further obligation on it after they foreclose or sell the property. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Because student loans are not dischargeable in any bankruptcy case unless you file an adversary complaint and prevail at trial in proving "undue hardship" as that term is defined by the courts in your jurisdiction.   Undue hardship discharge of student loans are very difficult to obtain and require truly severe circumstances.   It's difficult enough to prove the required elements in a Chapter 7 case.  In a Chapter 13 they would be even more difficult. I suppose you could theoretically reopen your Chapter 13 case to litigate the undue hardship claim on your student loan (assuming you have facts which would justify bringing that action). You need to consult with an experienced bankruptcy in your area about the costs and requirements. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Why would anything happen to "a lawyer"?   If a creditor is secured and incorrectly listed in the schedules or a Plan, they can take whatever actions are necessary depending on which bankruptcy chapter was filed.  Usually nothing needs to be done.    Are you asking on behalf of the attorney's client, or someone else?  Your question is very vague. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  CONTACT MARK for more information or to schedule an appointment.   ... Read Answer

I'm not sure of your question. If you and the car are in Georgia, you could file a chapter 13 and catch up on the payments you are behind. But if you are in Georgia and the car was repossess while it was still in Texas, and it has been a while since it was repossessed, chances are it is too late to get the car back. However, you might want to a file a bankruptcy still to wipe out and deficient clam out.... Read Answer

You must list all assets and all debts in any bankruptcy case.  The answer to oyur question really depends on what you mean by "include".    If you owe money on a line of credit, and that debt was not incurred through fraud, then I don't see why it would not be dischargeable in a Chapter 7 case. You need to consult with a bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

You just need to find another attorney in Georgia. Check http://lawyers.com/ for possible attorneys there. See my article on hiring a bankruptcy attorney for more suggestions. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Undue hardship is defined by whatever the courts in your jurisdiction define it as. In most courts, the "Brunner" test is used which requires you to prove the following: 1. that you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans;  2.  that additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and,3.  that you made good faith effort to repay the loans. This does not just include making payments on the loans.  It requires doing things over time such as making efforts to increase your income (which includes going back to school to get additional degrees or experience), consolidating loans with the Direct Loan Servicing Center, and other similar efforts. I don't know what the courts in Georgia use as their criteria, but there is an easy way to find out:  Have a consultation with a bankruptcy attorney in your area! Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

I am unclear as to what you are asking, but a bankruptcy filing stops all collections actions.  The filing of the bankruptcy petition creates an automatic stay forcing all collection calls to stop until the stay is lifted or the debts are discharged. If you are unable to pay the filing fee, you can request the filing fee be waived or a payment plan to pay the costs associated filing. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer