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Questions Answered by Jeffrey William Narmore
2 Answers | Asked in Bankruptcy for Georgia on
Q: A garnishment was filed against me 12/12. Is this now dead? Do I need be concerned?
Jeffrey William Narmore
Jeffrey William Narmore answered on Apr 28, 2020

Good morning. Your question does not specify whether the garnishment was filed against your employer, a bank account, or something else. I would be curious whether any funds have been paid on that garnishment to date, and to understand why or why not.

What follows is general advice:...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: If you’re in ch 13 case in Georgia. Is the stimulus part an asset of your bankruptcy estate that must be surrendered ?

Confirmed last year.

Jeffrey William Narmore
Jeffrey William Narmore answered on Apr 6, 2020

Hi there. Lots of people asking that question today! The CARES Act amended the Bankruptcy Code to exclude the stimulus payments from the definition of "current monthly income," meaning that if you can show that the funds come from the stimulus payment, they should be treated the same as... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: I’m in chapter 13 bankruptcy in Georgia. Will the trustee be able to seize my stimulus check?

My case was confirmed in 2019 and my attorney couldn’t give a solid answer on this. From my research it looks like it exempt from being taken like your tax returns. Please someone help because I’m not sure what to do once I get the deposit

Jeffrey William Narmore
Jeffrey William Narmore answered on Apr 6, 2020

Good afternoon. The CARES Act amended the Bankruptcy Code to exclude the payments from the definition of "current monthly income." This means that the stimulus payments will likely be treated the same as Social Security or VA Disability benefits, and exempt from being seized by... Read more »

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2 Answers | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can a person exempt his primary residence?
Jeffrey William Narmore
Jeffrey William Narmore answered on Dec 13, 2019

Hello. Yes, every state allows exemptions, usually up to a certain amount of equity (the value of the residence minus any debt secured by the property). In Georgia, a homestead exemption of $21,500 is available or $43,000 for a joint case to those who qualify as residents under the applicable... Read more »

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2 Answers | Asked in Bankruptcy for Georgia on
Q: wanting to file ch 13 to keep car. My wife is currently in ch. 13.

since both our names are on the vehicles, will it affect me from filing. my vehicle is not being paid through her bankruptcy its list as direct pay.

Jeffrey William Narmore
Jeffrey William Narmore answered on Oct 14, 2019

Hello. The fact that you have a co-signer who is also in a separate bankruptcy case will not keep you from filing your own case. The bankruptcy petition asks whether a spouse is in a pending case, so you will need to disclose that information, along with listing her as a co-signer on Schedule H... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: Can I avoid a dismissal of my Chapter 13 by getting current on my payments. I received a letter seeking dismissal

I have completed 99% of my Chapter 13 and it’s a 5 year plan. Just got behind the last couple of payments. I have made smaller payments but not the full amount

Jeffrey William Narmore
Jeffrey William Narmore answered on Sep 21, 2019

It is very likely. If you have an attorney, get in touch with him or her right away to let them know you want to finish your case. Otherwise contact the Trustee. If you do not have an attorney and cannot get in touch with the Trustee you may need to file a request for hearing or other response.... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: If you file Chapter 7 bankruptcy but not on your home and land could the courts take your property and home and sell it
Jeffrey William Narmore
Jeffrey William Narmore answered on Aug 15, 2019

Good afternoon. It's a common misunderstanding that you can choose which assets or debt to "file bankruptcy on." The Bankruptcy Code says that when a case is filed, an estate is created, which includes everything you own, regardless of where it is located, and also includes all of... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: What is the median household income for a family in Georgia, considering filling chapter 7

For a family of 4

Jeffrey William Narmore
Jeffrey William Narmore answered on Jul 30, 2019

Good afternoon. The current median income for a family of four in Georgia is $82,476. You can find this and other information about the bankruptcy "means test" at the U.S. Trustee Program's web site at this link: https://www.justice.gov/ust/means-testing

Wishing you the best,

Jeff Narmore

3 Answers | Asked in Bankruptcy for Georgia on
Q: i owe twice the amount the car is worth i cant keep up with payments, not had a whole yr. got screwed Bankruptcy?

i am 36 yr old woman went to carlot alone & got talked into getting a car thats worth 10,000 for 18,000. i havent had the car 7mo dont wont to buy do i need to file bankruptcy or am i stuck or what?

Jeffrey William Narmore
Jeffrey William Narmore answered on Jul 8, 2019

Mr Dray's answer is a good one. If the loan is only seven months old you cannot use Chapter 13 to reduce the loan balance, though you could possibly reduce the interest. Redemption in a Chapter 7 case would left you pay the current value of the car in a lump sum, a workable solution for... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Will the court allow me to take out a TSP loan to help catch up on arrears while under chapter 13 bankruptcy?
Jeffrey William Narmore
Jeffrey William Narmore answered on Jun 24, 2019

Good evening. You would be borrowing against a TSP loan and this would most likely be viewed as a request to incur a debt. The view on allowing this changes a lot from one jurisdiction to the next, including who decides to grant the request. For example, in the Southern District of Georgia the... Read more »

3 Answers | Asked in Bankruptcy and Estate Planning for Ohio on
Q: On average how reduced are debts after a Chap 13 bankruptcy? Does refi/2nd mortgage affect the decision to keep home?

I am a concerned daughter of a couple living in Athens County, Ohio. My father is ill with cancer (being treated through the Veteran Affairs system) and during my last visit (recent) my mom indicated they only have approximately 2 months worth of funds left to pay bills before potentially... Read more »

Jeffrey William Narmore
Jeffrey William Narmore answered on Jun 12, 2019

I do not practice in Ohio. It's important to know the current value of the property and how much is owed on the house and land. In a Chapter 7 bankruptcy their house could be sold if there is significant equity...that would be a disastrous outcome. A certain amount of equity can be... Read more »

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