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Georgia Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for Georgia on
Q: can debt I am cosigned on be included in my bankruptcy if I have a financial POA for my mom

My Mom is incapable of handling her debt . Can I file BR and include her debt I am cosigned on ?

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 26, 2020

You should be able to file a bankruptcy case for your mother under the authority of a suitable power of attorney in the instance where she does not have the mental capacity to participate and handle her own filing. The U.S. Trustee, which is the branch of the Federal Government that monitors... Read more »

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2 Answers | Asked in Contracts and Bankruptcy for Georgia on
Q: can i buy a cemetery polt if I am in bankrupcy in Georgia
Timothy Denison
Timothy Denison answered on Sep 28, 2020

Depends on what chapter bankruptcy.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed chapter 13,the loan company had the vehicle that I was buying repossessed. I will get the vehicle between 27th

28th. What if I decided to ask for the chapter 13th to be dismissed. Would I have to return the vehicle?

Timothy Denison
Timothy Denison answered on Jul 26, 2020

No, but they’d be free to repossess it if you fail to make any future payments.

1 Answer | Asked in Bankruptcy and Probate for Georgia on
Q: Georgia, details for attempted battery ?

What is the required happenings to a victim to be considered an attempted battery?

Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question should be posted in the criminal law section. Probate deals with deceased estates, guardianships, etc.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I have filed chapter 13 bankruptcy. Because of COVID-19 I was furloughed from my job. Can I sell my house?

Do I have to contact the trustee in order to sell my house? What would happen if I sold the house without contacting the trustee?

Timothy Denison
Timothy Denison answered on Jul 17, 2020

You need trustees permission!

1 Answer | Asked in Bankruptcy for Georgia on
Q: What if you get some credit while in chapter 13?
Timothy Denison
Timothy Denison answered on Jun 27, 2020

You should clear it with the true before you use it.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Trustee

Good Morning

I have asked this question before but the problem is I got many different opinions and I don't know what should I do

My question is ( my 341 Meeting June 12 ) and I didn't received anything from my trustee till now It's being almost 2 weeks since I... Read more »

Timothy Denison
Timothy Denison answered on Jun 1, 2020

Call the trustee ASAP and tell him you need a list of everything for turnover. If no response, go to his office.

1 Answer | Asked in Employment Discrimination and Bankruptcy for Georgia on
Q: Some one work for me steal my check and he take 2000$ can I Prosecute him??
Timothy Denison
Timothy Denison answered on Jun 1, 2020

Yes, although this is not a bankruptcy question.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Taking money from my account

OK so I already filed for bankruptcy and I have my 341 meeting scheduled for June my home rental lease will expire soon and I have to move I just found another place and they asked for $1800 ( Security Deposit & First month rent ) I want to take the money the$1800 from my checking bank account... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

If you used an exemption to protect the money in your account, that should not be a problem. Consult your bankruptcy attorney to ensure the money is protected before you spend it.

1 Answer | Asked in Bankruptcy for Georgia on
Q: The stimulus check is not considered income in filing chapter 7. What about the extra $600 a week for Unemployment Ins.?

Isn’t the $600 a week in UI considered stimulus money?

Timothy Denison
Timothy Denison answered on May 24, 2020

The stimulus check is not income. The $600 per week in UI is income.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Dismissal with Prejudice

So I had a lawsuit against me ( Collection from debt Buyer ) and after I filed a chapter 7 bankruptcy the case changed to ( Dismissal with Prejudice ) can you please tell me what does that mean and is it good or no ?

Thanks

David Luther Woodward
David Luther Woodward answered on May 16, 2020

That means it is all over, kaput, done, a dead soldier, whatever. "prejudice" means the end, "without prejudice" means it is probably on the back burner.

Good Luck

d

2 Answers | Asked in Bankruptcy for Georgia on
Q: filling bankruptcy i have my house in and my taxes also a title loan for truck. which of these is classified unsecured
David Luther Woodward
David Luther Woodward answered on May 12, 2020

First thing you do is go hire a good bankruptcy lawyer.

If your title loan is like most, they have the title in the file cabinet at the office but they failed to record the lien on the title with the State MDV. If that is the case it is unsecured. You should be able to check that out with...
Read more »

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Civil case

I have question please

I had a civil case against me at the Magistrate Court to collect the debt from me the case filed on 03/25/2020 and since that date the case type ( statement of claim ) pending status , I filed a bankruptcy a week ago and I called the Magistrate Court to ask them why... Read more »

Timothy Denison
Timothy Denison answered on May 12, 2020

Yes. They cannot take any action against you regardless bc of the automatic stay. The status may not be changed until after your bankruptcy is discharged, but you are protected regardless.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Form 106C

I tried to list the unemployment compensation in Form 106C ( property you claim as exempt ) but the problem is the unemployment compensation not found in schedule A/B and the form 106C have to list items from schedule A/B only what should I do where I can exempt the unemployment compensation ?... Read more »

Timothy Denison
Timothy Denison answered on May 9, 2020

List unemployment comp on schedule A/B and claim the exemption on Schedule C.

2 Answers | Asked in Bankruptcy for Georgia on
Q: My Trustee

OK so I filed a bankruptcy 3 days ago and when I login on to my pacer I can see my trustee contact information I didn't received anything from the trustee in the mail not yet so my question is should I email my trustee and ask him what he need from me or should I wait till he mail me what he... Read more »

Timothy Denison
Timothy Denison answered on May 9, 2020

Wait for the mailed copy!

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1 Answer | Asked in Bankruptcy for Georgia on
Q: missing one creditor

Good Morning

I had 2 credit cards from chase bank and I list both amounts in my bankruptcy form however now I just checked pacer and when I clicked on creditor I saw they list just one chase bank is that OK I mean they should list chase bank twice right ? or because it's the same bank... Read more »

Timothy Denison
Timothy Denison answered on May 9, 2020

One listing covers both Chase accounts.

2 Answers | Asked in Bankruptcy for Georgia on
Q: unemployment compensation

I already filed the bankruptcy case with the court and I forget to list the unemployment compensation i receive every week in exemption so the question is will the trustee take this money ( the unemployment money ) from my account just because I didn't exempt it in the form ? I filed in GA... Read more »

Timothy Denison
Timothy Denison answered on May 8, 2020

No, but you need to amend your petition to accurately reflect the unemployment compensation you’re receiving.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Trustee and bank account

I need your help please

I filed a bankruptcy yesterday and my bank account have $2000 from unemployment benefits i heard that the trustee can take this money ? Is that true?

I filed chapter 7 and my total debt $30,000

Please let me know thanks

Stuart Nachbar
Stuart Nachbar answered on May 8, 2020

First, you should be speaking with your counsel, if you have one. If you did not use Counsel, please check that you used the proper exemption (don't know if GA uses Federal or State-check with a lawyer) so that the funds in the account are exempt and the Trustee will not take it. If you... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Part 2 in bankruptcy form

describe your vehicle, do you own, lease, or have legal or equitable interest in any vehicle? I honestly do not own any car but i sometimes drive my wife's car. My name is not in her title, only in the insurance. Should i list her car or no? Thanks

Timothy Denison
Timothy Denison answered on May 6, 2020

Yes. You have an equitable interest in the car. List it, then use an exemption to protect it.

1 Answer | Asked in Bankruptcy for Georgia on
Q: line 28 in official form 106A/B for bankruptcy

line 28 in official form 106A/B for bankruptcy say

Tax refunds owed to you ( yes or No ) should i say yes or no I already filed taxes and received the money so what should say ?

Timothy Denison
Timothy Denison answered on May 6, 2020

The answer is no.

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