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Georgia Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy and Legal Malpractice for Georgia on
Q: Does notifying my kids' mothers of my bankruptcy breach confidentiality?

I recently filed for Chapter 13 bankruptcy, thinking it would remain private. However, I discovered that the law firm handling my case sent official letters to the mothers of my children, informing them about my bankruptcy filing. These letters included details such as accounts and payment... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

No. The filing of a bankruptcy is public record and thus does not constitute a breach of attorney client privilege.

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3 Answers | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Q: Can I file Chapter 7 bankruptcy in Georgia with a prior eviction judgment?

I filed for Chapter 7 bankruptcy in 2009 and currently have a consent judgment for eviction in Georgia. With approximately $40,000 in various loans and the potential loss of my job, I'm concerned about my financial situation and ongoing income. Can I file for Chapter 7 bankruptcy again given... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 5, 2025

From your scant offered facts, yes, it appears that your are eligible for bankruptcy relief (bankruptcy discharges of debt must be at least eight years apart.

The Bankruptcy determines eligibility.

It is always advisable to confer with experienced bankruptcy counsel to determine how...
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1 Answer | Asked in Bankruptcy and Collections for Georgia on
Q: I don’t know how to answer my statement of claim. My car was totaled it wasn’t my fault my insurance didn’t cover it.

I want to sue the other person but I still have to answer the statement of claim by a certain time and I’m unsure how to answer it and lawyers just want me file bankruptcy but I just don’t know and I need to answer this paper

James L. Arrasmith
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answered on Mar 1, 2025

Dealing with legal paperwork after an accident can feel overwhelming, especially when you're already coping with the stress of a totaled car. Responding to a statement of claim requires careful attention to detail, but you can handle this step by step. First, read through the entire document... View More

1 Answer | Asked in Bankruptcy, Contracts and Criminal Law for Georgia on
Q: What is a beneficial equitable title holder and its rights in a court case?
James L. Arrasmith
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answered on Feb 19, 2025

When you hold beneficial equitable title, you possess the right to use and benefit from property, even though someone else might hold the legal title. This unique position grants you significant standing in court cases, particularly when disputes arise over property rights or trust arrangements.... View More

2 Answers | Asked in Bankruptcy, Public Benefits and Social Security for Georgia on
Q: Am I eligible for bankruptcy with $101,000 in federal student loans and limited income?

I am 68 years old, live on social security, and have been diagnosed with stage 3A kidney disease. I owe approximately $101,000 in federal student loans, which I have been paying for 20 years without default. I previously filed for bankruptcy in 2010. Aside from this, my debts include a $15,000 car... View More

Timothy Denison
Timothy Denison
answered on Feb 19, 2025

You should be eligible. Find a bankruptcy attorney who specializes in handling student loan debt. It is difficult to discharge such debt, but not impossible.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: How to protect $16,000 savings in Chapter 7 bankruptcy in Georgia?

I am retired and considering filing for Chapter 7 bankruptcy. I have $16,000 in savings and no other concerns about assets, but I do have credit card debt. I don't have a lawyer yet, and I am wondering how I can protect my savings during this process. What steps should I take to ensure my... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2025

You may be able to protect it with your state or federal wildcard exemption. Your bankruptcy lawyer can give you more information.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Will my savings, home, or car be exempt in Georgia Chapter 7 bankruptcy?

I am considering filing for Chapter 7 bankruptcy and have $17,000 in savings, a mortgage, and a car. I have not spoken to a lawyer yet and would like to know if my savings, home, or car can be exempt. What exemptions are available in Georgia for these assets, and how might they affect my bankruptcy... View More

James L. Arrasmith
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answered on Feb 15, 2025

In Georgia, your bankruptcy exemptions can help protect some of your assets. The homestead exemption allows you to protect up to $21,500 in home equity if you file individually, or $43,000 if filing jointly with your spouse.

For your vehicle, Georgia's exemption covers up to $5,000 in...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: I owe like 30,000 in hospital bills 8000 irs and 10,000 credit card what should I do I work full time
Timothy Denison
Timothy Denison
answered on Feb 7, 2025

Depends on what assets you own. Consult a competent bankruptcy lawyer near you who can evaluate your complete financial situation.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: I got a divorce two and half years ago I did a quick claim deed to my ex and give her the house after the divorce was

Finalize she sold it . So I’m thinking of filing chapter 7 can the ga bankruptcy court go after her even I give it to her

Timothy Denison
Timothy Denison
answered on Jan 31, 2025

Most likely not, esp if it was transferred as a domestic support obligation, which it sounds da like it was.

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2 Answers | Asked in Gov & Administrative Law, Bankruptcy and Military Law for Georgia on
Q: The United States Government is a foreign corporation with respect to a State of the Union.” In Re Merriam’s Estate, 36

1. N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.

1073, 41 L.Ed. 287. S. Is United States foreign land to the United States of America?

2. Is Common law the law of the land? Hale v Hankel 201 U.S. 43

3. Is the Attorney’s first duty to the courts? Doesn’t that make it a... View More

Timothy Denison
Timothy Denison
answered on Jan 14, 2025

What is your question?

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Do I still have to make payments to a furniture company that went bankrupt?
Timothy Denison
Timothy Denison
answered on Jan 9, 2025

Not without consulting your lawyer first.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: How do I proceed with a lawsuit filed against me by a debt collector if I was not served a summons or any court document

I received a letter from an attorney offering his services in connection with a lawsuit filed against me by a debt collector. As this was the first time I had heard of this, I believed it was a scam. Using this mail from the attorney, I was able to locate the case number in the court docket online... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

1. No. Wait until you are served. 2. Yes, at some point but it is their obligation to serve you. 3. Yes. A lawyer may be able to negotiate and/or resolve for you.

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1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia on
Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More

James L. Arrasmith
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answered on Aug 15, 2024

When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: I am over $100,000 in debt interested in filing for bankruptcy which is the best way to go about it?
John Spalding
John Spalding
answered on Aug 7, 2024

With that kind of debt, it's a good idea to reach out to a local bankruptcy attorney to determine what and cannot be discharged and which chapter is appropriate. Not all debts are equal. For instance, priority debts like taxes are treated differently than unsecured debts. There's a lot to... View More

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1 Answer | Asked in Legal Malpractice, Bankruptcy and Contracts for Georgia on
Q: A judge ruled against me for contempt of court, while I waswithout legal representation, for an legal fees equity claim.

I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: A chapter 13 debtor, of whom I am a creditor, has now filed a motion to suspend plan payments. What does this mean?

Is this the same as canceling the bankruptcy? If the motion is granted, does that mean creditors will not be paid? Do I need to hire an attorney and attend the upcoming hearing regarding this motion in order to protect my interests?

James L. Arrasmith
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answered on Jul 18, 2024

When a Chapter 13 debtor files a motion to suspend plan payments, it means they are requesting a temporary halt to their bankruptcy payment plan, usually due to a financial hardship. This is not the same as canceling the bankruptcy. If the motion is granted, the debtor may temporarily stop making... View More

1 Answer | Asked in Bankruptcy and Family Law for Georgia on
Q: Am I on the hook for gifted money I received from my father two years before his Chapter 7 bankruptcy filing?

My father filed for chapter 7 bankruptcy on May 23rd 2024. He gifted me cash to help me out in February 2022. Am I (the recipient) on the hook to pay that money back to the trustee? This would be over two years ago. He had no idea he would run into enough trouble for bankruptcy at the time in 2022.

James L. Arrasmith
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answered on Jul 18, 2024

It's understandable to be concerned about receiving money before a family member's bankruptcy filing. In your case, since the gift from your father was given in February 2022, over two years before he filed for Chapter 7 bankruptcy, you are generally not required to return the money to... View More

3 Answers | Asked in Bankruptcy for Georgia on
Q: I am a creditor in a chapter 13 bankruptcy with a 100% repayment plan. When will I start receiving payments?

The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 17, 2024

The timing of distributions by the Ch. 13 Trustee rests with that trustee.

Maddening as it can be, I have heard more than one Judge say, "my Trustee". And once was in a case where the Trustee had over $200K of my client's money, held those funds in an IOLTA account (the...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: How long after filing will I be able to purchase a home? I am reading horror stories of people being told by lawyers

That when you file you’ll be able to get a home in 2 years but I’m being told by people who have been through it already they are 7 years out and they still cannot get a home and having trouble building credit because no one will give them loan or credit card or home etc

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 2, 2024

This question is best directed to any of the lenders out there, each of whom makes a "credit decision" upon loan applications.

Currently, interest rates are high, and the Fed has been tightening the money supply.

My own experience is that, more than usually, lenders, even...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I’m 70 years old. I’m on a $2000 month fixed income with 15k credit card debt. should i file bankruptcy?

My credit score is 750. I’ve Always paid my bills on time and always pay more than the minimum on credit cards. Now I can barely pay the minimum. citi card won't lower the 24.99% rate or extend the 0%. I can’t pay off $15k in credit card debt at my age. i am considering credit counseling... View More

James L. Arrasmith
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answered on Apr 28, 2024

As someone in your situation, bankruptcy could potentially be a viable option to consider, but it's important to carefully weigh all your options before making a decision. Here are some thoughts and suggestions:

1. Consult with a bankruptcy attorney or credit counselor: It's...
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