Georgia Bankruptcy Legal Questions

I think the answer depends on why your payments were increased so dramatically. If it is due to the means test, there is one set of possibilities. If the change is due to equity or to the types of debt you have, there are two other sets of possibilities. If you have an attorney, you need to discuss this with him or her. If the trustee made this change by motion, I would be surprised since it sounds like your plan is completely unfeasible and the proper thing to do would have been to file a motion to dismiss. Short answer: you haven't provided enough information to answer your question. Rather than revealing all of your information on an online forum, consult with an experienced bankruptcy attorney.... Read More

Well, I would really need more information in order to advise you as to what to do. Your options seem limited. You either must pay, file a motion for reconsideration (to try to reduce the payment) or don't pay and let your case be dismissed. Normally, the payment in a 13 is based on ability to pay (and the desire to keep something that is secured by a debt). A judgment should not have raised the payment unless it is something that is not dischargeable. Like I said, I need more information.... Read More

Your question does not offer enough facts to advise you properly. To increase your payment by that much, I would guess the judgment is quite large and its character may now qualify you for Chapter 7 relief or you may need to convert to a Chapter 11 case. In any event, there are so many variables to consider that the only way for you to get a full answer is to consult an experienced bankruptcy attorney.... Read More

It probably means you got a bad attorney that doesn't know what they are doing. How can your payments increase without you 1. knowing about it and 2. being able to afford it? If you knew about it, why didn't you say anything before filing documents saying you would pay that amount. Furthermore, (I am assuming this is a chapter 13), why would your payments even fluctuate unless you're in a 100% plan? And even if you were, they should still be affordable, that's the whole point of bk.... Read More

If the increased payment refers to a Chap 13 Plan, you must pay the amount, or inform the Chap 13 Trustee that you must amend the Plan, and reduce the payment, or withdraw from the case. Your question doesn't mention Chap 13 but we assume such is the case. If you can't accomplish the Plan, your only options are to amend the Plan, hopefully with the cooperation of the Trustee, or to file an objection in bankruptcy court to the changed Plan and explain to the court your difficulty in complying with the Plan.... Read More

In the first month or two of a Chapter 13 case, there are many details that must be handled promptly to avoid dismissal.  In addition to making all plan payments, the Debtor often must provide proof of payments that have come due on debts that are not being provided for in the plan, such as mortgage payments and child support payments.  If objections are filed by the Trustee or a creditor, it is crucial that the problem be quickly addressed.  It is important to have an experienced attorney who communicates well with his/her client and quickly responds to problems. If a Chapter 13 case is dismissed by the Court, it is possible to refile in most cases.  However, it is always preferable to get any problems handled promptly and avoid dismissal. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE OVER 30 YEARS EXPERIENCE HELPING PEOPLE DEAL WITH FINANCIAL PROBLEMS, DISABILITY CLAIMS, AND WORK INJURIES  VISIT OUR WEBSITE AT www.morganlawyers.com OR CALL (706)548-7070.... Read More