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 »
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.
They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.
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... Read more »
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 »
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 »
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.
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.
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.
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.
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?
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 »
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 »
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 »
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.
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.
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 »
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.
I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »
answered on Aug 23, 2021
Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... Read more »
answered on Aug 10, 2021
It mean a prior amendment made to the debtors schedules has been taken back or removed (usually by the debtors counsel).
Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »
answered on Jul 20, 2021
Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.
My ex-husband filed for bankruptcy and listed me as a creditor. Our divorce papers says he needs to pay me a certain amount of money, and he filed for bankruptcy afterwards. The filing deadline to object to discharge or to challenge wether certain debts are dischargeable is 5/17/21. Please, help!
answered on May 5, 2021
It’s not likely his debt to you will be discharged anyway, but you can file a handwritten object with the court snd the trustee just to be safe.
Will the trustee allow me access to the funds designated for repairs to the property to make it livable?
My neighbors dog killed my 2 little dogs on my property. I served them with papers small claims court. There attorney kept postponing it for 8 months when i tried i couldnt I did show up but left due to feeling ill. The judge granted them 100,000.00 for there pitbull killing my 2 little babies. I... Read more »
answered on Mar 11, 2021
Probably. One would have to examine the debt and see what the actual award was for to properly answer your question. Take the judgment to a competent bankruptcy attorney and let them analyze the dischargeability of it for you.
answered on Nov 16, 2020
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