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Georgia Bankruptcy Questions & Answers
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
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.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I am currently in Chapter 13. I have a eminent domain offer for a portion of my property. Can I accept the offer?

Will the trustee allow me access to the funds designated for repairs to the property to make it livable?

Timothy Denison
Timothy Denison answered on Apr 21, 2021

You need the trustees permission to accept the offer.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Would I beable to file one debt. For 100,000.00 (this was in small claims court) there dog killed my 2 dogs.

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 »

Timothy Denison
Timothy Denison 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.

1 Answer | Asked in Bankruptcy for Georgia on
Q: If I lose my job before finishing my Chapter 13 do my payments still count towards my debt or is it like I haven't paid?
Timothy Denison
Timothy Denison answered on Nov 28, 2020

All payments still count toward debt.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Regarding chapter 7 bankruptcy: Can your business debt get discharged if the debt is used for investing?
Robert J. Semrad
Robert J. Semrad answered on Nov 16, 2020

Hello,

If you would like to receive a free phone consultation with an attorney please call us at 404-381-8640.

Thank you

DebtStoppers

1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed a Pro Se Ch. 7 in 2015. Can I contest the court to have my student loans discharged 5 years after the fact?

I was unemployed for about 9 months in 2015. Which resulted in me filing Ch. 7. I just learned I could have filed a separate motion to have my loans discharged possibly. Can I do that now if I can prove that I lived in poverty from 2015 to 2017 and was unable to repay the loans.

Robert J. Semrad
Robert J. Semrad answered on Nov 9, 2020

Hello,

Thank you for reaching out to us. Please let me know what is a good number and when to call you so I can set up a free phone consultation?

Regards,

DebtStoppers

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.

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