Georgia Bankruptcy Legal Questions

Making the decision to file a bankruptcy case is not easy.  It is important to look at all of your options, and understand both the benefits and negative effects of filing.  These are some of the questions that must be considered: (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 (or not dealing with them) causing problems with my job, my health, my family relationships?  Have I tried to work with my creditors to no avail? (2)  Do I qualify for bankruptcy relief?  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. (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.  Even if you are facing nondischargeable debts, bankruptcy may still help, though, by providing temporary relief and by freeing up income that had been used to service debt that can be discharged. (4)  Will I lose my property?  In most bankruptcy cases, the debtor is able to retain his property.  However, in most cases 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. (5)  Can I afford the cost of filing a bankruptcy case?  The best and most experienced bankruptcy law firms will provide a free initial consultation.  You will meet with an attorney who will thoroughly evaluate your situation and fully discuss your options.  He/she will explain the fees and costs involved and discuss what payment arrangements can be made.  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 if you are considering bankruptcy is to get good advice from an experienced bankruptcy attorney.  Bankruptcy law is a specialized field.  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

Most obligations incurred in connection with a divorce settlement cannot be discharged in a Chapter 7 bankruptcy.  However, that is not always true in Chapter 13. If a spouse takes over a joint debt as part of an alimony or support obligation, the agreement to pay the debt cannot be discharged.  However, if the debt is assumed as part of a simple division of property or debts, a successful Chapter 13 plan can erase the obligation to the lender, AND the obligation to the ex-spouse that was created by the divorce settlement documents. If an objection to dischargeability of a debt incurred as part of a divorce settlement agreement is filed in a Chapter 13 case, the bankruptcy court will look at the language of the agreement, and the facts and circumstances surrounding the marriage and separation, to determine whether the agreement to assume the debt was in the nature of alimony and support.  If so, the debt to the ex-spouse will not be discharged, and the ex-spouse will be free to enforce the agreement in the divorce court.  If, however, the agreement is found to be a division of debts or property, the ex-spouse will be limited to filing a proof of claim in the Chapter 13 case and hoping to recoup some of his/her losses through disbursements by the Chapter 13 Trustee. If you, or your credit standing, are being affected by an ex-spouse's bankruptcy filing, it is important to seek advice from an experienced bankruptcy attorney right away.  There are strict deadlines for filing objections.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH FINANCIAL PROBLEMS, SOCIAL SECURITY DISABILITY CLAIMS, WORKERS COMPENSATION CLAIMS, AND OTHER LEGAL ISSUES.  CALL US AT (706)548-7070 OR VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM.... Read More

In most bankruptcy cases, shortly after the final discharge order is entered by the court, the case is closed.  However, this is not always the case.  In some Chapter 7 cases, the case may remain open for months, or even years, after the discharge has been granted.  This can be true when the Trustee is still trying to sell property or recover funds that are property of the bankrutpcy estate and can be used to pay creditors, or when the court is still considering disputes over whether a particular debt is eligible for discharge. Occasionally there is a need to petition the court to reopen a bankruptcy case.  This can be true when there is a dispute over whether a debt was discharged.  Another example is when a creditor is trying to collect a discharged debt, and the debtor needs the court to take steps to enforce the discharge order.  It is also sometimes necessary to reopen in order to file an amendment, or file a reaffirmation agreement. Reopening the case for these purposes does not change the discharge date, and does not normally give creditors a new chance to file objections.  When it is necessary to reopen a case, the debtor's attorney will file a motion with the court.  It is within the court's discretion to reopen the case, or refuse to do so.  If you feel your case should be reopened, be sure to fully discuss the matter with your attorney.  He/she should fully advise you of the pros and cons, and the cost of filing the motion and taking whatever other steps are needed. 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, WORKERS COMPENSATION, AND OTHER LEGAL MATTERS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More

You need to be careful and before you do this, talk to an attorney. There are complications with this option, depending on what chapter bankruptcy you are going to file. Generally, it is never a good idea to borrow money just before filing a bankruptcy, but there are some exceptions under certain circumstances. Fat advice from the attorney you want to hire.... Read More

If you are considering bankruptcy, it is important to have a thorough consultation with an experienced bankruptcy attorney.  You should leave that consultation with a good understanding of your options.  Once you know your options, you can make an informed decision about what should be done.  Never let an attorney or anyone else pressure you into filing a bankruptcy, or filing a particular type of bankruptcy.  Get the facts first.  Make sure you know the pros and cons of each type of consumer bankruptcy case. Individuals and married couples with consumer debt usually have the option to file under either Chapter 7 or Chapter 13.  You can learn about the difference and what is involved with each type of case at our website, www.morganlawyers.com. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY, SOCIAL SECURITY DISABILITY, WORKERS COMPENSATION AND OTHER LEGAL PROBLEMS.  CALL US AT (706)548-7070 FOR A FREE CONSULTATION.... Read More

You can fire your attorney at any time by filing a substitution of attorney substituting yourself as your own attorney in place of your existing attorney.  At that point you will be representing yourself and expected to have knowledge of and comply with all Federal Rules of Bankruptcy Procedure, the US Bankruptcy Code, and the Local Bankruptcy Rules for your jurisdiction. 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 More

When you say you "didn't have" the creditor, do you mean this is a debt incurred after your bankruptcy case was filed, or that this debt existed prior, but you simply failed to list it? If it is the latter, you may not need to do anything, but it really depends on the laws in your district and you would need to contact a bankruptcy attorney in your area for more details.  In many districts, such as the Central District of California, if it was a "no-asset" chapter 7 case, meaning no assets were liquidated and disbursed by the Trustee, then failure to list a creditor doesn't affect the discharge of the debts.  But not all courts follow that rule.  If yours does not, then you may be able to file an amendment adding the creditor (or a motion to reopen your case to do so).  You don't provide any information on what the status of your case is, so I don't know if you case is active, or closed, or what. If it is the former, then you're out of luck, since your bankruptcy discharge (will) only cover debts owed prior to filing your case. 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 More

First of all, unless you filed a complaint in the bankruptcy court to determine the dischargeability of the tax obligations, I doubt there was any federal court order discharging them.  They may have been discharged as part of your general discharge (assuming they met the numerous requirements for discharge of taxes) but that has nothing to do with any obligations you owe to your spouse, either before or after a bankruptcy case is filed. In any event,  you're concerned about a divorce court ordering you to pay taxes owed by your spouse.  The confusion you have is the following:  This would  not a debt owed to the taxing agency(ies), but rather to your spouse as part of the divorce (either as support or as a marital equalization payment).  Either way, even if it was owed prior to filing your bankruptcy case, it would not be dischargeable in bankruptcy.  The fact that it is to be incurred after your bankruptcy case was filed makes it even less of an issue:  It's clearly not dischargeable and would be an obligation owed to your spouse. 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 More

Whether and to what extent you can keep any assets, including money owed to you from your job, depends on which bankruptcy chapter you file and which state's or federal exemption laws apply in your case. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  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 More

I am assuming by your question that it was a Chapter 13 case. In that event what you do next depends on whether she left an estate or not. If she did not leave any estate (IE no money/property/etc) then you probably don't have a reason to keep paying because you would not be liable for the debt, only the estate is. If she did leave an estate then you should consult an attorney to see if it is better to keep paying or to apply for a hardship discharge.... Read More

If your Mother was in a Chapter 13, you may want to contact her attorney to ask about a hardship discharge. If your Mother was paying an attorney for possible representation in a Chapter 7, unless that case was filed before she died, it can not go forward. In many instances, the probate process can eliminate any debt your Mother may have owed. I know this is a difficult and stressful time. You may want to bring in a probate attorney for further advice. Probate may not be the monster most people believe it to be.... Read More

The final order entered by the Bankruptcy Court in a Chapter 7 bankruptcy discharges (wipes out) most debts.  There are some exceptions, including most tax debt, child support, most divorce obligations, and some other specific exceptions.  Unless a debt falls within the limited exceptions, or unless you signed a reaffirmation agreement, the debt is fully discharged, and the creditor can take no actions to attempt to collect it. A reaffirmation agreement is a written document under which you agree that a particular debt, or some portion thereof, is not discharged.  Reaffirmations are normally used for secured debts such as a car loan.  When you reaffirm the debt, the lender has assurance that you will continue to be legally responsible for the payments, and you get to keep the collateral. If a creditor is attempting to collect a debt that you think was discharged in your bankruptcy case, the first step is to contact your bankruptcy attorney.  He/she will review your case to see if the debt was discharged.  If so, he/she will contact the creditor and insist that all attempts to collect cease immediately.  If the creditor persists, you attorney can ask the court to reopen your case so that the court can take whatever action is necessary to enforce your discharge. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY, DISABILITY AND WORKERS COMPENSATION CASES.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More