Georgia Bankruptcy Legal Questions

A bankruptcy filing is a public record.  It is not possible to determine what information will be brought up from an internet search engine as each search engine has unique code to sort and rank results. 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 More

If you are in a Chapter 13 case, a good argument can be made that you SHOULD be able to deduct the interest for your payments you are making. A good article on this subject can be found here by my friend Cathy Moran. Ultimately, this is a question for an accountant or tax professional to assist you with.  You shouldn't be taking tax or legal advice from your bank or any other creditor. 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

Yes, you can file Chapter 7 on your own.  However, it is almost never advisable.   Bankruptcy is a minefield of multiple traps for the unwary.  Experienced lawyers mess things up.  It is beyond simply filling out forms and filing them with the court. I have written on the topic of whether you need an attorney to file a bankruptcy case.  But sometimes if you have no way to hire an attorney, you have no choice. I submit to you, however, that you should try to find a way to pay an attorney if possible because you are risking a lot of potential problems that could end up costing you many, many times more than it would have if you hired an attorney to begin with.  Of course, everything could go smoothly without any problems, but consider the recent report of the Central District of California Bankruptcy Court regarding the low success rate for those filing bankruptcy without an attorney (just over 50% for Chapter 7 cases) At the very least, have a consultation with a bankruptcy attorney in your area or see if your local bar association has any legal assistance programs that can help you.   Good luck! 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

In Georgia, only your social security benefits are not counted in calculating the means test for income eligibility. The VA income is calculated as part of your household income along with any other types of income you may have. Roughly. if you take your gross VA benefits plus any other non-social security gross income for the last 6 full months and double that amount, it will give you your income for means tests purposes. But eligibility actually depends on the size of your household and any regular income other members of your household may have.... Read More

There are two types of bankruptcy.  Under a chapter 7 liquation, you might lose some of your assets, as you can only exempt up to a certain amount depending on the type property.  Therefore you might want to consider a chapter 13 to avoid losing assets.  This is a reorgainization wherey you will be required to pay some or all of the debt back over a period of time from 36-60 months.    ... Read More

Typicall your assets will be protected in a bankrutpcy. However, if you have substantial assets, you will likely have to consider chapter 13. But it is fairly rare that an individual with modest assets would have to give up anything. The best policy is to contact an attorney and explain the specifics of your assets and debts. ... Read More

It depends on the particular assets, but specifically what work is process. For example are there personal injury or other tort cases pending and if so what is the potential for recovery. The Trustee, personally gets a percentage of the value of non exemptible assets he or she collects for the creditors. See allowable exemptions at O.C.G.A. 44-13-100 et. al. to get an idea of what you could keep on a personal basis.... Read More

They way you state your question is very unclear.   11 USC 1325(a)(6) sets forth one of the requirements for confirmation of a Chapter 13 plan, and that is that the debtor has provided evidence to show that they will be able to make all the payments necessary under the plan. The Statement of Financial Affairs is part of the petition.  Question 15 on the Statement of Financial Affairs (which you had to sign under penalty of perjury to file your case) requires you to list all addresses and dates you lived at in the 3 years prior to filing your bankruptcy petition. Hope this answers your question(s).  If it doesn't (and even if it does) I highly advise that you consult with an experienced bankruptcy attorney in your area.   Based on a recent study on success rates of those not represented by a bankruptcy attorney conducted by the courts in the largest bankruptcy district in the country, less than 1% of Chapter 13 cases filed by debtors without an attorney survive to discharge.   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 "file bankruptcy on" I assume you instead mean "discharge the debt".  If that's what you mean, the answer is yes, you can discharge debt owed on a loan for a bed set.  However, the lien created by the security interest would remain.   Thus, if you do not make the required payments on the bed set, or reaffirm the debt for some agreed amount, they can repossess the bed set--assuming they have a validly perfected security interest in accordance with the laws of your state.  You would not owe anything further to them if they do that, however. You can stop them from taking money out of your bank account at any time, regardless of whether you file bankruptcy or not, simply by cancelling the authorization you gave them. (I assume that's what you're referring to, and that they do not have a judgment against you already). 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

Usually it is not necessary to close your bank account when filing a  consumer bankruptcy case.  HOWEVER, if you owe a debt to the bank that holds your account, it is very important to make sure there is not a significant amount of money in the account when you file.  If the bank chooses to do so, it could freeze your account and apply to the bankruptcy court for permission to apply the funds in the account to your debt.  This is known as a right of setoff.  If my client owes money to the bank that holds his/her checking or savings accounts, I recommend that they open an account at another bank before the bankruptcy case is filed.  This gives them access to a new account in the event the creditor bank chooses to close my clients' account.  ... Read More

Yes you can file bankruptcy by yourself.  Your spouse's income will factor into your eligibility for which chapter of bankruptcy you can file, but they do not have to file with you.  As to how it will affect the non-filing spouse's credit, that depends on a number of factors including the laws of your state with regard to property and debts and how you incurred those debts during your marriage. 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

You should consult a local bankruptcy attorney because each state has unique laws and a local attorney can determine how best to proceed.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. 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 More

If the mortgage is under your husbands name, your chapter 7 bankruptcy should not affect your house at all. Although if the deed is under your name you should find out how your interest in real estate will be affected. Hiring an experienced bankruptcy attorney is very important for these very reasons. In Massachusetts the Homestead Exemption is very high, but I am not privy to that information for all states.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 Cell:     508-801-6747 FAX:    877-475-8147    ... Read More

In a bankruptcy you will not lose those items that can be exempted. Georgia's exemption laws are found in OCGA 44-13-100. When determining the value of the property you also have to account for any secured debt. Example: Car might be worth $12,000 but has a loan of $10,000. For bankruptcy purposes, the car is only worth $2000 and it is generally very easy to protect.  If you assets are owned free and clear, you may be forced to file a chapter 13 so you can keep all your assets.... Read More

Depending on the amount and purpose, the prior credit card usage may present a problem. If the amount was relatively low (less than $500) and used for every day items (not luxury items) you should be able to get through. With a pending lawsuit, you need to talk to an attorney that can fully analyze your situation. ... Read More

It depends on your situation. If you have 2 mortgages and the first mortgage is more than the value of your house, you may want to do a Chapter 13 and possibly strip the 2nd mortgage lien on the house. If the 1st mortgage is less than the value of the house, then a Chapter 7 may be a better option. The type of bankruptcy you may want to file will also depend on your total circumstances.... Read More

Bankruptcy is one option, and may be a good one, but there are many other non-bankruptcy options available for dealing with student loans.  This includes income-based or income-contingent repayment plans on the loans, which allows you to have a very low monthly payment on the loans. If you don't immediately qualify for such programs, there may be ways to get you qualified. You can sometimes discharge student loans in bankruptcy if you can prove that repaying them would constitute an "undue hardship" on you, as that term is defined by case law in your district.  It is a difficult standard to meet.  See the 9th Circuit student loan undue hardship test.   Another bankruptcy option which won't get rid of the student loans, but will prevent them from garnishing your wages and taking other collection efforts, is to simply do a Chapter 13 case and do a monthly payment based on your budget.   You can do this for 5 years and then, if need be, file another Chapter 13 case after that and start all over. The best thing to do is consult with an experienced bankruptcy attorney in your area for an evaluation of your options. 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

You are responsible for any Homeowners Association Fees that accrue after your bankruptcy case was filed up until you are no longer on title to the property.  Filing bankruptcy does not divest you of ownership of your property (unless your bankruptcy trustee sells the property). The extent to which you are liable really depends on the laws of your state and the terms of the HOA agreement you signed.  In most cases, if you can establish that you were not residing in the property and, therefore, not using the common areas, they may forgive the debt you owe post-bankruptcy. 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

With out knowing more, I'd have to guess that your case was a no-asset chapter 7 case. Case law in Georgia has established that there is no need to reopen a no-asset chapter 7 case to add an omitted creditor. As a no-asset case, there was nothing for the creditors to get, therefore it serves no purpose to add them. Your unlisted debt is also discharged. The SSI overpayments have no special protection under the Bankruptcy code and therefore your debt should be discharged. SSI may try to argue that the debt was incurred after your discharge, which would put you back on the hook for the money. However, the facts as you present indicate that the debt was incurred pre-filing. SSI may even try to reopen the case to fight the dischargability of your debt.  I've made several assumptions so if any of them are wrong, you need to just throw out this answer. Either way, you need to hire an attorney that will make clear to SSI that their debt was discharged, with or without notice. ... Read More