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Georgia Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Products Liability for Georgia on
Q: Someone opening accounts in my name
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 8, 2020

It may be best to freeze your credit, alert your creditors and if you know who they are, file a police report.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed chapter 13 bankruptcy I..t has not been confirmed yet. Can I withdraw or let it be dismissed? In GA

I would like to pay my creditors myself. It is not many. It has my car in it and payments have been made, lease arrears and a couple of very small

credit cards for $250 and $700.

Timothy Denison
Timothy Denison answered on Feb 26, 2020

Simply move to dismiss it and the court will likely oblige you.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Q: Landlord left off mailing matrix in chapter 13 filling, should I just wait until bankruptcy is dismissed to file claim?

Our tenant filed Chapter 13 bankruptcy in December 2018 but did not tell me until 72 days after filling (informally forwarded email from BK trustee saying their filing was approved).

I was never notified by the bankruptcy trustee, am not listed as a creditor on the mailing matrix, and... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

If you think bk is going to be dismissed, wait until it is dm and then sue the debtor.

1 Answer | Asked in Bankruptcy and Car Accidents for Georgia on
Q: Can an accident judgement be forgiven if bankruptcy is filed? Judgement is not on my credit but is affecting my license

The accident happened when I was 16 years old. According to the police report, I was at fault. Although the other party hit me. The attorney for state farm insurance filed a lawsuit against me once I was of age and right before the statue of limitation. The judged ruled in their favor. It has been... Read more »

Timothy Denison
Timothy Denison answered on Feb 20, 2020

File bankruptcy. Consult a competent practitioner to review all your options.

1 Answer | Asked in Bankruptcy and Employment Law for Georgia on
Q: I received an notice of chapter 11 bankruptcy filing from my former employer does that mean I’m considered a creditor

My former employer is The Krystal Company who filed on 1/19/20 and they still owe me money from where I worked a week in the hole. Am I considered a Creditor in their case because I received a notice of the bankruptcy filing

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Yes. You are a creditor and you should file a priority proof of claim with the court because you will likely get most of your money.

1 Answer | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can one exempt his primary residence ?
Justin M. Gillman
Justin M. Gillman answered on Dec 20, 2019

First, you should consult with an attorney as questions of exemptions and assets often are very fact sensitive and can be complicated when it comes to all of a filing debtor's assets. Georgia, I believe, does not recognize the federal exemptions and therefore you would be limited to state law... Read more »

2 Answers | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can a person exempt his primary residence?
Jeffrey William Narmore
Jeffrey William Narmore answered on Dec 13, 2019

Hello. Yes, every state allows exemptions, usually up to a certain amount of equity (the value of the residence minus any debt secured by the property). In Georgia, a homestead exemption of $21,500 is available or $43,000 for a joint case to those who qualify as residents under the applicable... Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Criminal Law and Employment Law for Georgia on
Q: What limitations follow certain charges? What is a contributing factor in background check limitations?

This is my only offense; therefore, what will my limitations amount to after a background check?

Timothy Denison
Timothy Denison answered on Oct 26, 2019

There are no limitations.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I won a court judgement for $3000.00 against a contractor who did not complete the painting and repairs

I served him with a fifa, he declared bankruptcy against his labor. Can he declare bankruptcy against his labor?

Timothy Denison
Timothy Denison answered on Oct 24, 2019

Yes, unless there was some type of fraud on his part.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - can i file separate from my family income?

Hello, i was wondering if I could file chapter 7 in the state of Georgia as an independent or single person family household income separate from my family. I am 27, living at home, I do pay for all my own bills and make under the medium household income in the State of GA, which is around 40k and... Read more »

Clark Dray
Clark Dray answered on Oct 17, 2019

There are multiple interpretations of what constitutes a "household" for means testing purposes. Some judges will simply count how many people are living in the domicile, others will just look at your dependants, while others will try and figure out who's part of your "financial unit". My... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: Bankruptcy Cahpter 7 - When should I stop paying my bills.

I have recently consulted an attorney and decided to file chapter 7; however, I need to wait to file for 3 - 6 months. I am current on all my Bill's never missed a payment, and I'm confused on when should I stop paying my credit card and loan debts. Should I start now or wait until I'm ready to... Read more »

Timothy Denison
Timothy Denison answered on Oct 16, 2019

The best answer is to stop now if you’re eligible to file. The filing date starts when the petition is filed with the court. Consult your attorney and he will help you make the right decision.

2 Answers | Asked in Bankruptcy for Georgia on
Q: wanting to file ch 13 to keep car. My wife is currently in ch. 13.

since both our names are on the vehicles, will it affect me from filing. my vehicle is not being paid through her bankruptcy its list as direct pay.

Timothy Denison
Timothy Denison answered on Oct 14, 2019

Should not affect your filing.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - Georgia

Hello, I have contacted a lawyer in regards to filing chapter 7, and in that conversation the lawyer told me If I wanted to keep my car that I have loan for, all I need to do is just continue to make payments, that I dont need to reaffirm the loan or do anything else, is this true?

Timothy Denison
Timothy Denison answered on Oct 11, 2019

You can do it that way, yes, but if you stop paying, they will repo the car.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

3 Answers | Asked in Bankruptcy for Georgia on
Q: Can I avoid a dismissal of my Chapter 13 by getting current on my payments. I received a letter seeking dismissal

I have completed 99% of my Chapter 13 and it’s a 5 year plan. Just got behind the last couple of payments. I have made smaller payments but not the full amount

Kenneth Allen Parker
Kenneth Allen Parker answered on Sep 21, 2019

More than likely, the answer is Yes, if the only issue is late payments. If you have an attorney, contact him/her immediately and they may be able to work out an arraignment to get your payments current. If you do not have an attorney, I’d advise contacting one immediately.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: my daughter wants to assume a mortgage that is in my granddaughter's name and my granddaughter is in bankruptcy but she

says the home is not a part of the bankruptcy and is only listed, so can my daughter assume the loan or not?

Timothy Denison
Timothy Denison answered on Sep 7, 2019

Not without the trustees permission.

1 Answer | Asked in Bankruptcy and Business Law for Georgia on
Q: does a confession of judgment from Miami florida apply in Georgia?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 16, 2019

It depends on how it was drafted. It has to be entered in defendant's resident county. It also depends on what stage the case is at. But generally yes.

3 Answers | Asked in Bankruptcy for Georgia on
Q: If you file Chapter 7 bankruptcy but not on your home and land could the courts take your property and home and sell it
Clark Dray
Clark Dray answered on Aug 15, 2019

In bankruptcy, you get to retain any assets which are covered by state and federal exemptions. The key to determining whether your home will be safe in bankruptcy is determining how much equity you have in your home (the home's value less any mortgages, liens, etc.) and how much equity your state's... Read more »

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1 Answer | Asked in Bankruptcy and Civil Litigation for Georgia on
Q: Need legal documentation

I need to submit a Motion to Reopen Chapter 7 case that has been discharged over a year to Vacate a Judgement lien on property that had a judgement on before I filed Chapter 13. I converted over to chapter 7 after the POA matter came up again and had it listed in my bankruptcy. The amount they... Read more »

Timothy Denison
Timothy Denison answered on Aug 14, 2019

You will have to file it in the bankruptcy action in which the discharge was granted.

2 Answers | Asked in Bankruptcy for Georgia on
Q: Im Chapter 13 and my wife isn’t. She’s coming into money. Can we buy land cash and build a home in both our names?
Warren V. Norred
Warren V. Norred answered on Aug 1, 2019

If your wife is the only one coming into money, then I'd keep it segregated in her account and do with it what you wish. It's very unlikely that you'll have a problem, especially if your C13 plan is confirmed.

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