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Questions Answered by Brace W. Luquire
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.

Brace W. Luquire
Brace W. Luquire
answered on Apr 18, 2022

In this district, reports of change in financial status are not required post confirmation. If you have had a negative impact on your finances, you may be eligible for a plan modification. In any event, your bankruptcy attorney would be in a position to answer any of these questions specific to... Read more »

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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 »

Brace W. Luquire
Brace W. Luquire
answered on Mar 7, 2022

The discharge of the debt depends upon the type of bankruptcy filed and the nature of the debt. A bankruptcy attorney can answer the question with the appropriate information.

You should be cautious in pursuing debt collection until you are sure that the collection will not violate the...
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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.

Brace W. Luquire
Brace W. Luquire
answered on Feb 9, 2022

You should contact our office (if you live in the Columbus area) or a local attorney to see if other arrangements can be made to keep the camper or payment arrangements with the attorney. If you allow the repossession, the attorney's financial analysis may show bankruptcy is not necessary.

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3 Answers | Asked in Bankruptcy for Georgia on
Q: Is it illegal to contact the trustee working on your bankruptcy case?
Brace W. Luquire
Brace W. Luquire
answered on Aug 26, 2021

It is not illegal to contact the trustee in your bankruptcy case. The trustee may not agree to speak with you without your attorney present or permission.

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