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 - Page 3
Do you have any Georgia Bankruptcy questions page 3 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

Can fraud be discharged from bankruptcy court if there was no intent to commit fraud?

Answered 11 years and 9 months ago by Mr Paul Norwood Jonas Ross (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
It depends. The debt will be discharged unless the creditor brings a non-dischargeability action and can prove the elements of fraud.
It depends. The debt will be discharged unless the creditor brings a non-dischargeability action and can prove the elements of fraud.
It truly depends on the fraud and the circumstances. It is a fact specific question, and will probably be determined by a hearing.
It truly depends on the fraud and the circumstances. It is a fact specific question, and will probably be determined by a hearing.

Can fraud be discharged from bankruptcy court if there was no intent to commit fraud?

Answered 11 years and 9 months ago by Jeremy B. Shephard (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Debt alleged to have been fraudulent can be filed on in a bankruptcy; however, the creditor could file an adversary complaint (a lawsuit within the bankruptcy) to allege the debt was fraudulent and shouldn't be discharged (meaning you don't get rid of it). You'll want to talk to an experienced bankruptcy attorney about the particulars of your case.... Read More
Debt alleged to have been fraudulent can be filed on in a bankruptcy; however, the creditor could file an adversary complaint (a lawsuit within the... Read More

Will my ex-spouse still receive her federal refund if I file for bankruptcy and Iโ€™m paying 100% of the tax debt?

Answered 11 years and 9 months ago by William Rhymer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It depends. Income taxes are generally not considered consumer debts and technically the co-debtor stay in a Chapter 13 does not apply. However, it has been my experience that the IRS will not go after the.
It depends. Income taxes are generally not considered consumer debts and technically the co-debtor stay in a Chapter 13 does not apply. However, it... Read More

how do i go bankrupt

Answered 11 years and 10 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
                                   Filing a bankruptcy case may allow you to restructure your debt, cure any arrearage on your home mortgage, and deal with your debts at a payment level you can afford.                                                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 60 month term, 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.                 In addition, in many jurisdictions a Chapter 13 plan can “strip off” a second or third mortgage on property, if the property value is less than the amount owed on the first mortgage.  Once the lien is stripped off, the 2nd mortgage can often be paid little or nothing through the plan, and the remaining balance completely discharged at the conclusion of the plan.   (Lien strips are also available in Chapter 7 cases in many jurisdictions, but stripping off a junior lien still does not solve the problem of an arrearage on the first mortgage.)                 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 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.  Chapter 13 plans can be started with as little as $75 up front.  If you are seriously in arrears on your mortgage, or facing foreclosure, call (706)548-7070 today for an appointment.   ... Read More
... Read More

How Can I report bankruptcy fraud?

Answered 11 years and 10 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
If there is actual fraud and you have proof, you should contact the US Trustee's office for the district where the bankruptcy case is filed.
If there is actual fraud and you have proof, you should contact the US Trustee's office for the district where the bankruptcy case is filed.

How can I protect my house from foreclosure under a Chapter 7?

Answered 11 years and 10 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.  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 60 month term, 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.                 In addition, in many jurisdictions a Chapter 13 plan can “strip off” a second or third mortgage on property, if the property value is less than the amount owed on the first mortgage.  Once the lien is stripped off, the 2nd mortgage can often be paid little or nothing through the plan, and the remaining balance completely discharged at the conclusion of the plan.   (Lien strips are also available in Chapter 7 cases in many jurisdictions, but stripping off a junior lien still does not solve the problem of an arrearage on the first mortgage.)                 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 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.  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.   ... Read More
               When a bankruptcy case is filed, with few exceptions an... Read More

Liens still attatched to my chapter 7 BK

Answered 11 years and 10 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
No, in fact your bankruptcy attorney was not even responsible for helping you with this when he did file for years ago, under your retainer agreement. Removing liens requires the filing of a 522(f)(2) Motion to Avoid Liens. When you receive a discharge in chapter 7 bankruptcy, you no longer have the financial obligation to pay the debt, but bankruptcy does not automatically remove the security interest such as mortgages or liens on a property. You may never remove a forest mortgage from a property, but with a motion such as the one mentioned above you possibly can remove a second mortgage or liens on your property. What you should do is go back to the same attorney, give him whatever his hourly fee will be to do this, this is not something that will be a flat fee such as your bankruptcy filing this is an hourly fee type of situation and have him reopen the case, filed a motion and once the motions granted have the case closed again. You will receive documents that state that the motion is granted take these to your recording office and have them recorded, these will have the effect of removing the liens once they are recorded. 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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
No, in fact your bankruptcy attorney was not even responsible for helping you with this when he did file for years ago, under your retainer... Read More

can my attorney abandon me during my bankruptcy case

Answered 11 years and 10 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
If you are in a Chapter 13 plan and are unable to keep the payments current, the Trustee, or one of your creditors, may file a motion to dismiss the case.  If this happens, you must move quickly to correct the situation.  In some districts, you must file a written response to the motion, or it will simply be granted without a hearing.  In other districts, the motion is always set down for a hearing.  If a response is required, make sure that your attorney files one promptly.  If not, you may want to consider filing a response yourself. It is often possible to save a plan that has fallen into arrears.  You may be able to propose a cure of the delinquency by making additional payments, or through a lump sum payment from future income such as a tax refund.  You may be able to negotiate a “Strict Compliance Order” that lets the plan continue as long as all future payments are made timely.  Or, you may be able to modify the plan to provide for a lower payment.  All of these possibilities should be discussed with your attorney, or in the alternative, with the Trustee’s attorney. If it is not possible to save the plan, you may want to consider converting your case to a Chapter 7 bankruptcy rather than letting it be dismissed.  This can sometimes be less expensive than having the case dismissed and then filing a new Chapter 7 case. If the case is dismissed, you may be able to file a new Chapter 13 case, if you can show that the new plan is feasible.  Of course, all payments under the new plan will have to be paid in a timely fashion, or you will soon be facing another dismissal.  Repeated dismissals can result in an order that prevents you from filing for a period of time. It is critical that you get qualified, experienced help when you consider filing, and when you are already in, a bankruptcy case.  If your attorney is unresponsive, it may be time to seek new counsel, particularly if your case is dismissed and you need to refile.  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 you are in a Chapter 13 plan and are unable to keep the payments current, the Trustee, or one of your creditors, may file a motion to dismiss the... Read More

What happens now that the court has filed a motion to move me from a chapter 13 bankruptcy to a chapter 7?

Answered 11 years and 10 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can ask someone to borrow the money and pay the back payments to the bankruptcy trustee. In a chapter 13 bankruptcy you must maintain your monthly payments to the bankruptcy trustee for the bankruptcy trustee will have your case converted from a chapter 13 bankruptcy to chapter 7 bankruptcy with a motion, and then that bankruptcy trustee would take your property and sell it in order to pay themselves and your creditors. So the fastest way to do this would be to catch up on your payments and file a response or answer to the motion and go to court and plead that the payments have been made and that you wish to continue on your chapter 13 bankruptcy repayment plan.   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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
You can ask someone to borrow the money and pay the back payments to the bankruptcy trustee. In a chapter 13 bankruptcy you must maintain your... Read More

I am over my head in debt. Mainly credit card debt from loss of income. I have a stead job now but can't get caught up. I

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
That is incorrect, you can file for chapter 7 bankruptcy in keep your home as long as the mortgage payments are up to date. The only time a problem would occur is if you're payments went behind or there is so much equity in the home is not covered by your chapter 7 bankruptcy exemptions, such as a declaration of Homestead. Since your ex spouse is paying for the mortgage payments this will not be considered one of your expenses and would not even be considered by the bankruptcy trustee as long as all payments are up to date. You will have to provide them the divorce decree which proves that you are not the one responsible to pay the mortgage and that your ex is in fact paying the mortgage. The only way a bankruptcy trustee would be able to take your home would be if it was completely paid off, the bankruptcy trustee can never sell property that is up to date on the payments and the payments are continue to be made. There are situations such as liens that other people have put against the home and they may want to foreclose or they may want the chapter 7 bankruptcy trustee to foreclose so he can get them the money. But as long as there are no liens on your property and your payments are up to date you will be fine filing chapter 7 bankruptcy. 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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
That is incorrect, you can file for chapter 7 bankruptcy in keep your home as long as the mortgage payments are up to date. The only time a problem... Read More

what are the pros and con for bankcruptcy protection

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Chapter 13 bankruptcy is the answer for you. This will stop the garnishment on your wife's paycheck and allow you the time to pay off all the bills as you would like to do. A chapter 13 bankruptcy allows you to have a repayment plan of 3 to 5 years to repay any deficiencies on your secured debt or your unsecured debt. And while under Chapter 13 the automatic stay from the bankruptcy code will be in effect, which will prevent creditors from attempting to collect from you while you were in chapter 13 bankruptcy. Chapter 13 bankruptcy has a repayment plan, that you make your normal monthly payments to your creditors and within the plan you pay back any overdue payments stretched out over a three to five-year. Depending on the plan that the bankruptcy court confirms for you. 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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
Chapter 13 bankruptcy is the answer for you. This will stop the garnishment on your wife's paycheck and allow you the time to pay off all the bills... Read More

How can I get foreclosed on due to my co borrower filing bankruptcy?

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The bank should not be able to foreclose on a property that has all mortgage payments up to date. In Massachusetts as long as the mortgage payments are up to date, the bank cannot file for foreclosure simply because one of the co-borrowers is filing bankruptcy. But the laws are different from state to state and you should check with a qualified bankruptcy lawyer in your state. 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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
The bank should not be able to foreclose on a property that has all mortgage payments up to date. In Massachusetts as long as the mortgage payments... Read More

Filed Bankruptcy (13) twice and was dismissed due to unemployment. Now employed and looks long term. What do you suggest?

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
There are a few different ways you can fix your bankruptcy problem. Depending on the time. You can either refile for a chapter 13 bankruptcy, and get the plan confirmed and simply start making payments on the plan. If the time period is too short for you to open a new chapter 13 bankruptcy case, you can have your bankruptcy lawyer reopen the dismissed chapter 13 bankruptcy case and get the payment schedule backup. This will require your bankruptcy attorney to file a motion to reopen case, and if the court except the motion and it is granted, your chapter 13 bankruptcy case will be reopened and you will be able to restart making payments on your repayment plan. Most likely you will have to have a new chapter 13 bankruptcy repayment plan confirmed by the courts. 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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
There are a few different ways you can fix your bankruptcy problem. Depending on the time. You can either refile for a chapter 13 bankruptcy, and get... Read More

What can you do if you have been dismissed from two chapter 13 petitions for nonpayment due to excessively high payments?

Answered 12 years ago by Ronald Karl Nims (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
It is possible to go back with a new Chapter 13, although the court might reject it, if they don't believe you will comply with the rules this time.
It is possible to go back with a new Chapter 13, although the court might reject it, if they don't believe you will comply with the rules this time.

I want to file bankruptcy but i dont know the steps.

Answered 12 years ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
HOW DO I DECIDE IF BANKRUPTCY IS NECESSARY?   Before deciding to file for bankruptcy, you must understand what bankruptcy will and will not do for you. Bankruptcy won't solve every problem or get rid of every debt.  If it is clear that you need bankruptcy relief, the next step is to determine what type of bankruptcy to file.TYPES OF DEBTS Whether bankruptcy is the right choice, and if so, what type of bankruptcy to file, depends in large part on the type of debts you have. There are three main types of debts: secured, unsecured, and priority. Unsecured debts include things like medical bills and credit cards.  Secured debts include car loans, mortgage loans, and some store accounts.  Priority debts include most income tax obligations.    CHAPTER 7 BANKRUPTCY A Chapter 7 bankruptcy will discharge most unsecured debts.  Secured debts, such as a car loan, or home mortgage, normally must be paid in order to protect the collateral. Priority debts, such as most income tax obligations, usually cannot be discharged in a Chapter 7 bankruptcy.So, if most of your debt is general unsecured debt like credit cards and medical bills, and the payments on your secured debts are up to date, Chapter 7 bankruptcy may be a good choice.  If you owe significant tax debt or the payments on your secured debts like your car loan or home mortgage are significantly past due, Chapter 13 may be the best option.    CHAPTER 13 BANKRUPTCY Under Chapter 13, a repayment plan is set up for a period of 36 to 60 months.  To file Chapter 13 you must have regular income sufficient to pay your living expenses and still fund the plan.  Your attorney will review your income and expenses, and work to formulate a plan you can afford.  A typical Chapter 13 plan pays secured debts and priority debts over the term of the plan.  Unsecured debts are often paid little or nothing, but you are protected while the plan is going on, and balance that remains when the plan is completed is normally discharged (wiped out).   GOOD ADVICE IS MOST IMPORTANT! It is critical that you get good legal advice before making any decision about bankruptcy.  Make sure you talk to an attorney with experience in both Chapter 7 and Chapter 13 cases.  Most good bankruptcy attorneys will provide you with a free initial consultation.  He or she will fully evaluate your finances and explain all of your options.   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 CAL... Read More
HOW DO I DECIDE IF BANKRUPTCY IS NECESSARY?   Before deciding to file for bankruptcy, you must understand what bankruptcy will and will not do... Read More

Can a lender reposess an auto after filing Chapter 7 which hasn't been discharged yet?

Answered 12 years ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
In a chapter 7 bankruptcy, the legal mechanism that prevents the lender from repossessing your vehicle for nonpayment is call the automatic stay. The automatic stay may be listed by a motion filed from the bank. Your best course of action would be to not reform the debt on the auto, but keep making monthly payments. That way if you keep your license you'll be able to keep the automobile and if you lose your license and automobile is repossessed then you will not be liable for the debt. We never have our clients reaffirm any debt in chapter 7 bankruptcy at my firm. 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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
In a chapter 7 bankruptcy, the legal mechanism that prevents the lender from repossessing your vehicle for nonpayment is call the automatic stay. The... Read More

if i have debts in different states will bankruptcy clear them?

Answered 12 years ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Yes if you file a chapter 7 bankruptcy you can clear up debts that are in different states. Bankruptcy is federal law, not state law, thus it handles all of the debts you have within the country and even those you may have outside the country. Although the bankruptcy court does not have jurisdiction outside the United States, it will not allow debtors from other countries to pursue debts that were discharged in bankruptcy within the United States.  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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
Yes if you file a chapter 7 bankruptcy you can clear up debts that are in different states. Bankruptcy is federal law, not state law, thus it handles... Read More
Well, nothing should happen to your bankruptcy case, but your landlord will have the ability to evict you and you will be responsible for any unpaid rent that accrued after your bankruptcy case was filed. Depending on why you filed Ch. 13 to begin with and whether you are eligible, you may want to consider converting to Chapter 7 to deal with the debt to your landlord (if you plan to vacate). You should discuss this with your/a bankruptcy attorney in your area.... Read More
Well, nothing should happen to your bankruptcy case, but your landlord will have the ability to evict you and you will be responsible for any unpaid... Read More

can u bankrupt on overpayment of snap benefits

Answered 12 years and a month ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
I'm assuming that snap benefits are some form of government entitlement programs such as welfare or food stamps. If my assumption is correct and this is some type of government entitlement program, then the answer is no. You cannot file bankruptcy against the federal government.   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.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law www.botelholawgroup.com 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
I'm assuming that snap benefits are some form of government entitlement programs such as welfare or food stamps. If my assumption is correct and this... Read More

i got served papers on a credit card debt

Answered 12 years and a month ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
Sounds like you need a bankruptcy attorney.  This forum is for questions and answers.  You should consult with a bankruptcy attorney in your area to advise you on your options.
Sounds like you need a bankruptcy attorney.  This forum is for questions and answers.  You should consult with a bankruptcy attorney in... Read More

Is it true that I don't have to attend the 341 for a chapter 13?

Answered 12 years and a month ago by William Rhymer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Yes and no. Unless you can justify to the Chapter 13 Trustee why you cannot be there physically, then you must attend. If you are confined to a hospital or to your house they will usually consider doing a telephonic 341 with proper proof of identity and social security number. Some times for example, when a member of the arm forces is out of the country on orders and someone here has a satisfactory power of attorney, then that person can attend. Otherwise, the law requires personal appearance at the 341 Meeting. I hope this helps.... Read More
Yes and no. Unless you can justify to the Chapter 13 Trustee why you cannot be there physically, then you must attend. If you are confined to a ... Read More

I owe fed and state tax can I go bankrupt against both.

Answered 12 years and a month ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
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 2009 tax year would normally have been due on April 15, 2010.  Taxes for that year would not be dischargeable in a bankruptcy case unless the case was filed after April 15, 2013.  Often, 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. 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 taxes, without future interest, while discharging other unsecured debts like credit cards and medical bills.  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
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... Read More
In most cases, filing a Chapter 13 bankruptcy case will allow you to recover possession of a vehicle that has been repossessed.  Because the buyer retains a right to redeem the vehicle after repossession, he/she still has an ownership interest in it. Therefore the courts have held that it is part of the bankruptcy estate and must be returned to the buyer. Once the vehicle is resold by the lender, however, it is almost certainly too late.  If your vehicle has been repossessed, you must act quickly.  Contact an experienced bankruptcy attorney.  Make sure that he/she is prepared to file a case quickly.  A good bankruptcy attorney knows that time is of the essence in this situation, and will get a case filed right away. Of course, recovering possession of the vehicle is only the first step.  You must propose a feasible plan to pay the debt.  Your attorney should fully evaluate your finances and develop a plan that you can live with.  In some cases, you will only have to pay back the value of the vehicle rather than the full debt.  In almost all cases, the interest rate will be significantly reduced. So, if your vehicle has been repossessed, don't give up.  Get advice from a highly qualified bankruptcy attorney right away.  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
In most cases, filing a Chapter 13 bankruptcy case will allow you to recover possession of a vehicle that has been repossessed.  Because the... Read More

How long do I have to be a resident of Georgia before I can file bankruptcy

Answered 12 years and 2 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Bankruptcy
Generally, you must file a bankruptcy case in the District where you have lived for the biggest part of the last 180 days.  So, in most cases, you must wait until you have lived in the new District for 91 days.  However, filing in the wrong district may, on rare occasions, be the only option.  This could be true if a foreclosure was imminent, for example.  If the case is filed in the wrong district, the debtor is still entitled to all of the protections of the bankruptcy code.  Some Courts will require that the case be removed to the proper district, but others will allow the case to proceed if there are no creditor objections.  If you are considering a bankruptcy, it is best to get advice from an experienced bankruptcy attorney as early as possible, even if you may have to wait to file.  A good attorney will review your situation and discuss all your options.  If you will need to wait to file, a good attorney will advise you on dealing with your creditors in the meantime.  It may be advantageous to continue paying certain creditors.  It may also be important to stop paying certain creditors, even if you don't want to discharge that particular debt.  Always get good advice early.  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
Generally, you must file a bankruptcy case in the District where you have lived for the biggest part of the last 180 days.  So, in most... Read More