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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Georgia on
Q: Should I contact the trustee?

I loaned money to someone who has now filed chapter 13. I was purposely (not accidentally) left off the creditor list. Should I report that to the trustee for the case?

James L. Arrasmith
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answered on Feb 4, 2024

Yes, you should consider contacting the trustee in the Chapter 13 bankruptcy case. If you loaned money to someone who has intentionally left you off the creditor list, it's important to address this issue with the trustee. Filing a proof of claim with the bankruptcy court can help protect your... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: When a husband and wife are co-creditors on a loan, which one signs the proof of claim in a chapter 13 bankruptcy?
James L. Arrasmith
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answered on Feb 4, 2024

In a Chapter 13 bankruptcy case, when a loan is jointly held by a husband and wife as co-creditors, either party can sign the proof of claim form. However, it is important to ensure that the form clearly indicates that the claim is being filed on behalf of both parties. This can be achieved by... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: When a husband and wife are co-creditors on a loan, which one signs the proof of claim in a chapter 13 bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 4, 2024

This is a fairly simple question, but it's not your first, nor even your second. It and those before it illustrate an important point: Bankruptcy can quickly become a complex thing, even for those who have practiced within its scope for years.

Inother words, the bankruptcy area of...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: Any recourse for cosigners?

I received notice from a credit company that the person I cosigned a loan for has filed chapter 13. There is a stay in place, but once that stay is removed I will be obligated to pay off the remainder of the loan. Is there any way to avoid this debt?

Martha Warriner Jarrett
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answered on Feb 3, 2024

In a chapter 13, the debtor is required to pay some or all of their debts over a 3 to 5-year period. So you should check out the proposed plan to see what percentage of the debt you cosigned on will be paid. If you are still left being held responsible for some portion of the obligation, there is... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Any recourse for cosigners?

I received notice from a credit company that the person I cosigned a loan for has filed chapter 13. There is a stay in place, but once that stay is removed I will be obligated to pay off the remainder of the loan. Is there any way to avoid this debt?

James L. Arrasmith
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answered on Feb 4, 2024

As a cosigner, you are legally obligated to repay the loan if the primary borrower defaults or cannot make payments, as is the case in a Chapter 13 bankruptcy filing. However, there are a few steps you can take to manage or potentially avoid this debt.

Firstly, communicate with the lender...
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3 Answers | Asked in Bankruptcy for Georgia on
Q: How should I identify myself on a proof of claim?

I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?

James L. Arrasmith
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answered on Feb 4, 2024

When submitting a proof of claim in a Chapter 13 bankruptcy case where you've loaned money to the debtor and also co-signed a loan, it's important to accurately reflect your role in relation to the debtor's obligations. Given your situation, you should identify yourself both as a... View More

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3 Answers | Asked in Bankruptcy for Georgia on
Q: How should I identify myself on a proof of claim?

I loaned money to a friend and I also co-signed a loan for her. Both loans are still active. Now my friend has filed chapter 13. Should I identify myself as a creditor only or a creditor and a guarantor on my proof of claim form?

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

While your question indicates that both loans are "active", you don't say whether your obligation on the guaranty has been called/paid.

As a guarantor on a loan not yet repaid by the debtor, you have a contingent claim (check the bankruptcy Schedules to see how the debtor...
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2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2024

Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.

If the bankruptcy case is known, a Proof of Claim, at least, should be filed.

There are other alternatives....
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2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

James L. Arrasmith
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answered on Feb 4, 2024

In this situation, it's advisable to consult with a consumer law attorney. They can help you understand your legal rights and options for pursuing the repayment of the borrowed funds. While bankruptcy may affect the outcome, consulting a consumer law attorney is a good first step. They can... View More

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I’ve read using credit cards before filing bankruptcy is considered fraud, is that true?

I want to file bankruptcy chapter 7 because we are barely making it! We have enough income to pay credit cards(no missed payments) bills and then only a little left. So in order to buy groceries or basic needs we still use credit cards. We’re essentially paying credit cards and using what we... View More

James L. Arrasmith
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answered on Jan 13, 2024

Using credit cards for essential expenses before filing for Chapter 7 bankruptcy is not automatically considered fraud. It's essential to understand that bankruptcy laws are designed to provide individuals and families with a fresh start when they are struggling with overwhelming debt. While... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: How would a tax return be affected with bankruptcy?

Me and my husband file together(I have no job) we have two small children, how would the tax return be affected before or after bankruptcy? Would it be taken? Would it be easier for him to file married and separate? Or would that be fraudulent?

James L. Arrasmith
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answered on Jan 13, 2024

Filing your tax return can be affected by bankruptcy, especially if you're filing jointly with your husband. It's important to note that tax laws and bankruptcy laws are complex, and the impact can vary based on your specific circumstances.

Before bankruptcy: If you file a joint...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: Will having no income affect filing?

Wanting to file chapter 7 on credit card debt but the debt was incurred when I didn’t have a job. We always used my husbands income to make payments but with inflation and rising interest rates the credit cards have become unmanageable. Will it affect me filing? Will it affect my husband?

James L. Arrasmith
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answered on Jan 13, 2024

Having no income, or limited income, can affect your ability to file for Chapter 7 bankruptcy, but it doesn't necessarily prevent you from doing so. Chapter 7 bankruptcy is typically intended for individuals with unmanageable debt who cannot reasonably repay their creditors. If your credit... View More

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3 Answers | Asked in Bankruptcy for Georgia on
Q: How is money viewed from not paying creditors?

When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More

Martha Warriner Jarrett
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answered on Jan 12, 2024

Generally, when you stop paying creditors, such as credit cards, you will use the money to pay other living expenses, including attorneys fees for filing bankruptcy. In some states, including California, if you stop paying creditors, your late payment record will stay on your credit report after... View More

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3 Answers | Asked in Bankruptcy for Georgia on
Q: How is money viewed from not paying creditors?

When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 12, 2024

Payments to any unsecured creditors, which includes all unsecured credit card issuers, within 90 days of the filing of a bankruptcy case are deemed to be preferences, recoverable by the bankruptcy Trustee.

Moreover, if you have $1,300 in cash/on deposit at the bankruptcy start date, you...
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3 Answers | Asked in Bankruptcy for Georgia on
Q: How is money viewed from not paying creditors?

When starting the process for bankruptcy you’re instructed to stop paying credit cards but how is the money from not paying them looked at from a bankruptcy perspective? If I stop paying my credit cards I will have an extra $1300 would the trustee take this? Wouldn’t that defeat the purpose of... View More

James L. Arrasmith
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answered on Jan 13, 2024

When you're considering bankruptcy, it's important to understand the implications of not paying your creditors before filing. Generally, stopping payments to creditors is part of the bankruptcy process, especially if you intend to discharge those debts. The money you save by not paying... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: how do I find a pending bankruptcy case

I found out my tenant filed bankruptcy during a dispossessory hearing, how do I find out the case# and information

Martha Warriner Jarrett
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answered on Jan 4, 2024

You can ask the tenant for it. If that doesn't work, you can go on the Bankruptcy Court's electronic filing system (www.pacer.com), register, and find it by entering the debtor's name and, if you have it, the Social Security number. That should pull up the case number and filing date... View More

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1 Answer | Asked in Bankruptcy for Georgia on
Q: What does it mean debtor discharged assets reported no deadline to file claim my chapter 7 open case
James L. Arrasmith
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answered on Dec 31, 2023

In your Chapter 7 bankruptcy case in Georgia, when it's stated that the debtor is discharged and assets are reported with no deadline to file a claim, it indicates a specific stage in your bankruptcy process.

A discharge in a Chapter 7 case means that the debtor is released from...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: Can i legally give my sister my house before filling for bankruptcy in Georgia?

I gave my sister my house in 2009 after purchasing a new house. We didn't do a quit claim deed then. Flash forward to today, i'm behind in my mortgage and am going to file bankruptcy. I was going to do the quit claim deed before hand to legally give her the other house, will there be... View More

Martha Warriner Jarrett
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answered on Dec 14, 2023

Possibly. The bankruptcy trustee can challenge any transfer to a relative within one year prior to bankruptcy and drag the property back into the bankruptcy estate for the purpose of paying creditors. If you record a quitclaim deed within that period, it might be challenged, particularly if there... View More

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2 Answers | Asked in Libel & Slander, Bankruptcy and Banking for Georgia on
Q: Can you remove defaming opinion in judges final order?
James L. Arrasmith
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answered on Dec 4, 2023

If you find defamatory content in a judge's final order, there are limited options available for addressing this. The content of a judicial order typically reflects the judge's findings and opinions based on the presented evidence and legal standards. However, if the content seems to... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Georgia on
Q: Hello! I will be filing for divorce in 2024 due to a semi-domestic situation. I also HAVE to get my/OUR DEBT UNDER CTRL.

I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More

Martha Warriner Jarrett
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answered on Nov 17, 2023

Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More

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