Georgia Bankruptcy Legal Questions

Unless the court issues a "bar" (prohibition) on refiling for 180 days, you can refile a new Chapter 13 case at any time after your prior case is dismissed.   Pursuant to 11 U.S.C. 109(g), the court will likely not issue such a Bar unless you abused the bankruptcy rules somehow OR you dismissed the case after a creditor filed a Motion for Relief From the Automatic Stay. 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

Bankruptcy might be an avenue for you to investigate. Please understand that this is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.... Read More

This is a question for the lawyer that completed your chapter 13 paperwork. Until you find out for sure you should not do anything with the 4 wheeler. If you had agreed to surrender it to a creditor, then it belongs to them, even though they haven't come to get it yet. They will eventually. If it was not to be surrendered, you should still talk to your lawyer, because the sudden influx of cash might mess up your chapter 13 payments. ... Read More

You can make the argument that he is a secured creditor. Clearly it is a better case had you followed the formalities, but it doesn't mean you could not make the argument. The problem becomes getting the bankruptcy trustee and all of the creditors to accept your conclusion. The bankruptcy laws do not like "insider" transactions. Any time you want to treat a friend or family member as a creditor, your going to have a hard time selling it to the court. The best out come is to just include the debt and let it get discharged. Then post bankruptcy make payments to your friend on the "honor system". Just because a debt is discharged doesn't mean you can't go back and voluntarily pay the debt. Once you are post discharge, the Court will not care. ... Read More

Both depend. But generally speaking with a secured debt (like a house or car) you can keep the property as long as you continue to make payments. If you can't continue to make payments, you can't keep the property. I however you have alot of equity in the the property, you may not be able to keep it. Georgia has strict limits regarding the amount of equity you get to keep. You should contact an attorney to determine the amount of equity you have in the property and if that equity can be protected in a bankruptcy.... Read More

In Georgia, yes. In a bankruptcy you can exempt assets under Georgia Code 44-13-100. The law does contain a provision that these assets are kept to the extent reasonably necessary. But because it hard to predict how much you might need in the future, most people who file will have no problem keeping their savings. ... Read More

In Georgia, yes. In a bankruptcy you can exempt assets under Georgia Code 44-13-100. The law does contain a provision that these assets are kept to the extent reasonably necessary. But because it hard to predict how much you might need in the future, most people who file will have no problem keeping their savings. ... Read More

Depends If you previously filed Chapter 7, you can file for a Chapter 13. If you filed for a 13, your still in that payment plan. The benefit to you in a 13 is that the tax payments could be spread out over 3 or 5 years depending on your income level. The down side is that the entire tax amount has to be paid in that time frame. So if it is a large amount, it may not be any help to you. You need to speak to an attorney to better evaluate your options. ... Read More

Depends. If your family size is 4, then your income level to qualify for chapter 7 is $66,250. You however cannot use your last year's taxes. You must use the actual income that has come into the household over the course of the last six months. You must count all sources except for social security.  Even if you do this calculation and you are over the $66,250, you shouldn't give up. There are numerous deductions that might be applicable to your situation. These deductions can push you back under the magic number. They are too numerous to describe online, you're best bet is to contact an attorney to see what can be done.... Read More