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Questions Answered by Paul Schofield
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: 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 »

Paul Schofield
Paul Schofield
answered on Jan 31, 2022

Unfortunately, there is usually no way to force a lender to repossess a vehicle. In most cases the lender has the option to NOT repossess the vehicle. However, it sounds like the lender in your case wants to take possession of the vehicle given that they told you they just could not find it. It... Read more »

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