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Georgia Bankruptcy Questions & Answers
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.

2 Answers | Asked in Bankruptcy for Georgia on
Q: I have personal loan credit card and personal loans up to 150k $ to pay. I dont see I can comeback to US again

I have been in United states for almost 6 years. I lost job because of covid and because there is no job I have to leave the country. And I have personal loan credit card and personal loans up to 150k $ to pay. I dont see I can comeback to United States. I will be leaving the country completely. If... Read more »

David Luther Woodward
David Luther Woodward answered on May 5, 2020

I think if I were you I would go see a local bankruptcy lawyer TOMORROW MORNING. You don't have to be a citizen of the U. S. to file a petition in bankruptcy, but it certainly is not DIY

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1 Answer | Asked in Bankruptcy for Georgia on
Q: How do I remove an eviction from my public record when it was granted after I filed ch.7 bankruptcy pro se.?

According to the home owners who came to the home the day I vacated it. The property manager lied and told the judge she was not aware of a ch.7 filing and believed I only answered the motion with that because I was smart enough to know it would allow me to hold the home over. I however released... Read more »

Timothy Denison
Timothy Denison answered on May 2, 2020

You can file a motion in the court that granted it to vacate it because of the automatic stay

2 Answers | Asked in Bankruptcy for Georgia on
Q: A garnishment was filed against me 12/12. Is this now dead? Do I need be concerned?
Timothy Denison
Timothy Denison answered on Apr 27, 2020

It is not dead until it’s paid off, so until it’s paid off and there’s an order of satisfaction, it’s something to worry about.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: If you’re in ch 13 case in Georgia. Is the stimulus part an asset of your bankruptcy estate that must be surrendered ?

Confirmed last year.

Jeffrey William Narmore
Jeffrey William Narmore answered on Apr 6, 2020

Hi there. Lots of people asking that question today! The CARES Act amended the Bankruptcy Code to exclude the stimulus payments from the definition of "current monthly income," meaning that if you can show that the funds come from the stimulus payment, they should be treated the same as... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: I’m in chapter 13 bankruptcy in Georgia. Will the trustee be able to seize my stimulus check?

My case was confirmed in 2019 and my attorney couldn’t give a solid answer on this. From my research it looks like it exempt from being taken like your tax returns. Please someone help because I’m not sure what to do once I get the deposit

Kenneth Allen Parker
Kenneth Allen Parker answered on Apr 6, 2020

From what I understand, the Northern District Chapter 13 Trustees will not be seeking stimulus checks.

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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.

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