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Georgia Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: I've been n bankruptcy for 4 yrs an I'm still behind n my mortgage payments 33,090.- should I reapply for bankruptcy
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. You cannot reapply. You should have your bankruptcy lawyer look into this arrearage for you.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: In GA if a married couple files ch 7 bk and does not own a house, can 10,000 or 20,000 homestead deduction be claimed?

Can renters claim the excess homestead deduction 10k single /20k joint filed?

Brace W. Luquire
Brace W. Luquire
answered on Sep 1, 2022

The unused portion of the homestead exemption can be used as a wildcard up to $10,000.00 each.

2 Answers | Asked in Bankruptcy for Georgia on
Q: I have a pet worth about 800 and a wedding ring worth about 2000 can these be protected in chapter 7 bankruptcy in GA?
David Luther Woodward
David Luther Woodward
answered on Aug 31, 2022

The best person to assist you in this matter is your own lawyer; that having been said, valuation in Bankruptcy is not the replacement costs but more likely the depreciated costs. Accordingly, is a "used" pet worth $800, or something less (don't be romantic about this), and is a... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Homestead Exemption Wildcard Carryover - GA

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 »

Adam Dozier
Adam Dozier
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.

2 Answers | Asked in Bankruptcy and Personal Injury for Georgia on
Q: Hi I would like to know how the law works when u have a case against a company but they file bankruptcy,

They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I have a bankruptcy question. I need to file due to high credit card debt.

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 »

Timothy Denison
Timothy Denison
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 »

2 Answers | Asked in Bankruptcy for Georgia on
Q: Need to file bankruptcy for credit card debt. I have one credit card that is joint with my husband.

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.

Timothy Denison
Timothy Denison
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.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Will filing bankruptcy ruin my credit?
Timothy Denison
Timothy Denison
answered on Apr 28, 2022

Yes.

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.

Timothy Denison
Timothy Denison
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.

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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 »

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: 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.

Timothy Denison
Timothy Denison
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.

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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 »

Timothy Denison
Timothy Denison
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.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I have to file his income with mine
Timothy Denison
Timothy Denison
answered on Sep 20, 2021

Yes, if you two are living together.

2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

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 »

Lloyd M. Nolan
Lloyd M. Nolan
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 »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: What does withdrawal of amendment to schedules mean in a Chapter 7 bankruptcy case?
Timothy Denison
Timothy Denison
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).

3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

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 »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
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.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: What form should I file so they don't disregard what my ex-husband owes me in his bankruptcy case?

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!

Timothy Denison
Timothy Denison
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.

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