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Georgia Bankruptcy Questions & Answers
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.

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.

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