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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Georgia on
Q: Hello, I filled a chapter 7 about 5 months ago. I was discharged in December. Still can't get a auto loan.

I also did a volunteerly return of a vehicle within my chapter 7. I've tried many times to get a auto loan but, everyone wants about $3000 to $4000 on a $11,000 to $12,000 vehicle. The higher the vehicle the more down. I had lenders to send me lenders with my credit score being between 621... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 26, 2023

I'm not in the lending business, thank heavens, lol, but I have been acting as general counsel for a few credit unions in the tri-state (PA, DE and NJ) region, and this issue occasionally comes up. I advise my lenders that recently bankrupt borrowers are a better than average risk in an... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: So I filed a Chapter 7 in 2021 . I had a vehicle that I surrendered under the bankruptcy but got another at the same tim

Can both of these be classified under my filing if I only signed paperwork for one . Because they both show up when I try to get anything as both being under my Bankruptcy.

Sonya Jackson
Sonya Jackson
answered on Feb 22, 2023

The answer depends on multiple factors that are not clear from your question (e.g., the date you filed your bankruptcy case; the dates you took out each of your auto loans; what you elected to do with the second vehicle).

Unless you reaffirm a debt, your chapter 7 discharge will include...
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2 Answers | Asked in Bankruptcy, Business Law and Internet Law for Georgia on
Q: I want to buy an avalable domain name of a competitor that went out of business, chapter 7, and redirect to my website.
David Luther Woodward
David Luther Woodward
answered on Feb 14, 2023

What is the question?

All non-exempt property of the debtor is for sale by the trustee in Chapter 7. If you have issues with this, contact a local bankruptcy lawyer for guidance. But you should contact the trustee.

The trustee's name and address are on the docket of the case...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I have to pay HELOC that was part of a bankruptcy? Is a HELOC recorded at court as a lean on the house?

There is no mortgage on the house. Gwinnett county records indicate a 43,000$ lean on house. Chase claims I owe $113,000 on the HELOC.

Timothy Denison
Timothy Denison
answered on Feb 2, 2023

You should have your bankruptcy lawyer pull those records asap and determine the amount owed and payment status, if any.

2 Answers | Asked in Bankruptcy for Georgia on
Q: I'm n bankruptcy do I have to still keep my attorney bn bankruptcy for years. The entire time
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 26, 2023

From your question, I have to assume that you are in a Chapter 13 proceeding, and that your plan, by now, has been confirmed. Implicit in your question is whether you may be liable for additional attorneys fees.

Until recently, in most cases, a debtor's attorney was "stuck"...
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2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: I've been n bankruptcy for 4 yrs an I'm still behind n my mortgage payments 33,090.- should I reapply for bankruptcy
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. You cannot reapply. You should have your bankruptcy lawyer look into this arrearage for you.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: In GA if a married couple files ch 7 bk and does not own a house, can 10,000 or 20,000 homestead deduction be claimed?

Can renters claim the excess homestead deduction 10k single /20k joint filed?

Brace W. Luquire
Brace W. Luquire
answered on Sep 1, 2022

The unused portion of the homestead exemption can be used as a wildcard up to $10,000.00 each.

2 Answers | Asked in Bankruptcy for Georgia on
Q: I have a pet worth about 800 and a wedding ring worth about 2000 can these be protected in chapter 7 bankruptcy in GA?
David Luther Woodward
David Luther Woodward
answered on Aug 31, 2022

The best person to assist you in this matter is your own lawyer; that having been said, valuation in Bankruptcy is not the replacement costs but more likely the depreciated costs. Accordingly, is a "used" pet worth $800, or something less (don't be romantic about this), and is a... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Homestead Exemption Wildcard Carryover - GA

In Georgia, for Chapter 7 bankruptcy filings there is a $10,000 homestead exemption carryover for unused homestead exemption. I do not own property so I can not claim the homestead exemption, but it seems as though the carryover still applies and is automatic. Is that so?

(44-13-100(a)(1)... Read more »

Adam Dozier
Adam Dozier
answered on Jul 19, 2022

Yes, the carryover $10,000.00 can be used on any property regardless of whether you have real property to use the homestead exemption.

2 Answers | Asked in Bankruptcy and Personal Injury for Georgia on
Q: Hi I would like to know how the law works when u have a case against a company but they file bankruptcy,

They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 21, 2022

Most businesses that file a bankruptcy case use Chapter 11 of the Code, in what is called a reorganization. Several of the US airlines have done so, some more than once.

In a corporate Ch. 11, it is the norm to continue to operate the business.

If your "case" against the...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I have a bankruptcy question. I need to file due to high credit card debt.

I have 1 joint credit card with spouse and don't want them to be affected. Can I remove my name from joint card that has a balance? Can I close the joint account before I file if it has a balance? What happens If I file bankruptcy and my name is still on joint card. I can't tell spouse... Read more »

Timothy Denison
Timothy Denison
answered on Jun 16, 2022

You cannot remove your name from the card. You can close it but you have to disclose that in your petition. Notice is going to be given to your husband regardless bc he is/was a codebtor on the card. Yes, you can file and still pay the debt but you cannot conceal this information from your spouse... Read more »

2 Answers | Asked in Bankruptcy for Georgia on
Q: Need to file bankruptcy for credit card debt. I have one credit card that is joint with my husband.

If I remove my name off of joint credit card (with balance) will bankruptcy still affect this card or spouse that is on it? I can't tell my spouse that I am filing bankruptcy. Please help....can't sleep because I am so stressed.

Timothy Denison
Timothy Denison
answered on Jun 15, 2022

Your husband will receive notice of your bankruptcy filing because he is a codebtor. There is really no way to file and hide it from him. If you file, you will likely be discharged in the credit card debt but your husband will still be liable snd the debt will still be valid as to him.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Will filing bankruptcy ruin my credit?
Timothy Denison
Timothy Denison
answered on Apr 28, 2022

Yes.

3 Answers | Asked in Bankruptcy for Georgia on
Q: Chapter 13 Bankruptcy (in GA). Would a plan payment increase if you get new job that pays $10K more annually?

I have approximately 2yrs left of 5yr plan. I’ve had annual increases ($2K) and my plan amount hasn’t changed, is it likely it will remain the same if I accept new job offer? Rent, etc. is sky high and I need to make a bit more to survive. I just don’t want to change any plan payments etc.

Timothy Denison
Timothy Denison
answered on Apr 16, 2022

It very well could change if it is not a 100% repayment plan. Small increases many times do not trigger an increase, but 10k certainly could. Your bankruptcy attorney will have much more insight into the practices in your jurisdiction.

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2 Answers | Asked in Bankruptcy and Collections for Georgia on
Q: In Georgia, my husband is currently being garnished for child support arrears in an amount slightly less than 25%.

Two additional creditors have garnishment orders now. Can they take 25% in addition to what is currently being taken for child support, or is the total allowed to be taken 25% including the child support as long as child support is happy with their current amount?

Brace W. Luquire
Brace W. Luquire
answered on Mar 30, 2022

Child support arrears are generally set up as a designated amount, not a percentage. The other creditor garnishments are taken in order of the date of the judgment and cannot exceed 25% which would be in addition to the child support. Child support garnishments can be as much as 65% of the net... Read more »

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3 Answers | Asked in Bankruptcy and Collections for Georgia on
Q: Do I need a debt collection attorney?

My ex-husband filed for bankruptcy shortly after a judge finalized our divorce and ordered him to pay me almost $4,000. I've talked to divorce lawyers and bankruptcy lawyers and no one is able to give me an answer. Someone mentioned a debt collection attorney, is this what I need? Thank you in... Read more »

Paul Schofield
Paul Schofield
answered on Mar 6, 2022

You should speak with a bankruptcy attorney. In general, bankruptcy treats payments ordered through a divorce as one of two things - a domestic support obligation (child support or alimony) or a property settlement (basically everything else). In a chapter 7 bankruptcy case, neither can be... Read more »

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2 Answers | Asked in Bankruptcy for Georgia on
Q: I am a disabled retired Veteran. I cannot afford a bankruptcy attorney. Can a Legal Aid Attorney assist me in this?

I have a camper being repossessed soon and I have to file bankruptcy, I assume for this. I need to know what actions to take. Cannot afford an attorney. I am a retired disabled Veteran.

Timothy Denison
Timothy Denison
answered on Feb 7, 2022

Possibly. Check with your local legal aid society and your local bar association. Both keep lists of reduced fee and pro Bono attorneys.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Me and my husband filled Ch.7 bankruptcy and my husbands check is being garnished for a car that was discharged.

Me and my husband filled ch.7 bankruptcy and was discharged in 2021. Our car was discharged through the bankruptcy. Long story short we have called the credit company multiple times to come ger the car. We live on a military base and have no where to store it and we already each have a car... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

The tow bill is post-petition debt so it can’t be included in the bankruptcy. You will have to have your bankruptcy lawyer try and settle the tow bill debt for you and get the car to the lender to get this situation resolved.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I have to file his income with mine
Timothy Denison
Timothy Denison
answered on Sep 20, 2021

Yes, if you two are living together.

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