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Georgia Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

James L. Arrasmith
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answered on Nov 19, 2023

Considering your situation, it's important to approach this with a clear understanding of your options. Filing for bankruptcy might be a viable solution to manage your debt, but it's crucial to understand the implications, especially regarding your assets like your house and car.... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

In a divorce the court can determine on a temporary basis which party is responsible for what expenses until they can make a final determination. You would have to file for divorce, file a motion for temporary relief, and have a hearing. Then you can let the court know what household expenses... View More

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I have a chapter 13 bankruptcy question.

My one secure debt is from me stupidly pawning my car title. I owe $5500. I was told I’d pay $136 + $620 a month for TM with TM being paid off in 8 months. But my petition shows I will pay $756 for 36 months. Will my payment drop to the $136 a month once TitleMax is paid off?

James L. Arrasmith
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answered on Nov 5, 2023

In a Chapter 13 bankruptcy plan, your payment can indeed change over time. If your plan is structured so that you're paying off the TitleMax loan within 8 months, once that debt is fully paid, your plan payment may be adjusted. However, this depends on the other debts included in your plan and... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: I filed chpt 13 bankrupcy to avoid foreclosure sell on house Tues. So had time to sell it. Can I still cancel bankrupcy

If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?

James L. Arrasmith
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answered on Nov 5, 2023

In Georgia, as in other states, once you've filed for Chapter 13 bankruptcy, you have the option to dismiss your case voluntarily. To do this, you would typically file a motion to dismiss with the bankruptcy court handling your case.

The timing for canceling the bankruptcy can be...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: I filed chpt 13 bankrupcy to avoid foreclosure sell on house Tues. So had time to sell it. Can I still cancel bankrupcy

If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 5, 2023

You don't say so, but it sounds as if you filed pro se, without counsel, and that's always dicey for a non-lawyer.

If you filed at least the minimum required documents (the Petition, a Certificate that you completed the approved counseling course prior to filing, and a full list...
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2 Answers | Asked in Bankruptcy, Collections and Small Claims for Georgia on
Q: How to ensure defendant in small claims suit will pay plaintiff's (creditor's) judgment?

I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More

James L. Arrasmith
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answered on Nov 5, 2023

In preparing to collect on a judgment, it is wise to consider all available legal avenues. Once you obtain a judgment, you can enforce it through garnishment of wages, bank accounts, or by placing a lien on the defendant's property. If the defendant has a history of bankruptcy, it's... View More

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2 Answers | Asked in Bankruptcy, Collections and Small Claims for Georgia on
Q: How to ensure defendant in small claims suit will pay plaintiff's (creditor's) judgment?

I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More

Martha Warriner Jarrett
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answered on Nov 4, 2023

It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Will I lose my property (30 acres incl. home and separate mobile home) if I file Chapter 7? I am 78 with a 401k and SS.

I live in the state of Georgia and I cosigned with my nephew on his private student loans (Navient Tuition Answer). He received a discharge from his Chapter 7 filing and the loans were forgiven. He owes 186K and they are coming after me for the balance. If I file Chapter 7 will I lose my -... View More

James L. Arrasmith
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answered on Nov 5, 2023

In a Chapter 7 bankruptcy in Georgia, you can use state exemptions to protect some of your property, including equity in your home. The Georgia homestead exemption may cover some of the value of your land and home, but it has limits. The exemption for homestead is $21,500 in value and can be... View More

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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

James L. Arrasmith
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answered on Sep 8, 2023

If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More

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3 Answers | Asked in Bankruptcy for Georgia on
Q: How long does is take to file a Chapter 7 after all documents have been turned in?

I want to file Chapter 7. I have turned in all documents asked and both case had been filed as of 8 days

Sonya Jackson
Sonya Jackson
answered on Jul 31, 2023

Once you submit the requested paperwork to your attorney (presumably including your credit counseling certificate), he or she will prepare your bankruptcy petition. Your attorney will then review the petition with you to confirm that the petition is complete and correct. If the petition is complete... View More

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3 Answers | Asked in Bankruptcy for Georgia on
Q: How long does is take to file a Chapter 7 after all documents have been turned in?

I want to file Chapter 7. I have turned in all documents asked and both case had been filed as of 8 days

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 26, 2023

No two cases are alike, and no two clients, who generate necessary factual information, are alike either.

The preparation of the full Bankruptcy Schedules requires across the board info from the client, both currently and for as long as six years ago.

I've been doing bankruptcy...
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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: In a divorce If I am awarded the house with an active chapter 13 will the mortgage company let me assume the mortgage?

What route should I take ? I am worried about having a place to live .

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 15, 2023

For most debtors, the primary purpose of Chapter 13 is to "save the house".

Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: When should an attorney file violation of the automatic stay? We disagree on intention of Code 362 and I'm no expert.

I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More

Timothy Denison
Timothy Denison
answered on Jun 20, 2023

Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: When should an attorney file violation of the automatic stay? We disagree on intention of Code 362 and I'm no expert.

I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 20, 2023

I generally agree with my colleague's prior answer, but for more pointed reasons.

The US Supreme Court recently handed down a major bankruptcy ruling about creditor violations of the automatic stay, and especially with respect to its ruling that the bankrupt debtor must now...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: Recently disabled, under a chapter 13 and the attorney we used said our payments can not be reduced! No way i can pay ?

Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... View More

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
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2 Answers | Asked in Divorce and Bankruptcy for Georgia on
Q: Who can help an uncontested divorce, live separately. Looking for help with representation assisting for a single mom!

My daughter’ father was arrested, awaiting trial with pending charges from another counting, five counts of sexual exploitation of a child. It’s been hard for my daughter. I have been separated from my husband for nine months for the well-being of my daughter, since father’s arrest, she... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 21, 2023

A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... View More

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2 Answers | Asked in Bankruptcy, Collections and Social Security for Georgia on
Q: A widow being threatened with collections by an adjuster who nolonger wants to work with the lawyer hired.

A widow, whose sole income is social security, hired a public adjuster who nolonger wants to work with the attorney they hired. The adjuster is now putting pressure on her to pay him $12,000 or more. Can she file chapter 7 bankruptcy? If so, will it stop him from taking any further action against... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 21, 2023

The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... View More

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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... View More

W. J. Winterstein Jr.
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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... View More

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