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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Q: My renter file Chapter 13 last year. She has not paid rent since then. Can I evict her on the new rent?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 19, 2018

You can file a motion to vacate stay and once granted, then and,only then proceed to eviction

1 Answer | Asked in Bankruptcy for Georgia on
Q: Does anyone know of a low price or legal aid or something lawyer for bankruptcy in the Cleveland GA area?

My husband is 65 and I am 55 and he has end stage liver disease and we have just had so many setbacks that we are under a load we can't get out of. We are lucky now to have a few dollars left after we pay what we can and we haven't had a car since about October of last year. We just need... View More

Kenneth Allen Parker
Kenneth Allen Parker
answered on Feb 22, 2018

Feel free to contact me at (404) 378-0600. The cost is 1500.00 but that may be a lot cheaper than paying debt you can’t afford.

Ken Parker

1 Answer | Asked in Bankruptcy for Georgia on
Q: I've paid my first month on a debt management program, but I want to file bankruptcy instead. How do I do this?

What steps do I need to take or is this even possible since I've started making payments

Kenneth Allen Parker
Kenneth Allen Parker
answered on Feb 22, 2018

Contact a bankruptcy attorney as soon as possible before you make another payment on the debt management program. It may actually save you money in the long run.

Ken Parker

404-378-0600

1 Answer | Asked in Bankruptcy for Georgia on
Q: I live with my mother and pay rent. Can they go after my mother's house in a Chapter 7?
David Earl Phillips
David Earl Phillips
answered on Feb 13, 2018

Your chapter 7 case would only involve assets you own. If the home is not yours ( the deed is not in your name ) and it has not been in your name in the past, then the house would not be property of your bankruptcy estate. See a bankruptcy lawyer near you who will be able to review all the facts of... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Can I file chapter 7 on just credit accounts?

I have a home and vehicle that I can pay comfortablely if I could get rid of the credit debt..or will I have to file chapter 13 because of the fact that I still owe on the home and vehicle?

Kenneth Allen Parker
Kenneth Allen Parker
answered on Jan 30, 2018

You may be able to file either a Chapter 7 or Chapter 13 Bankruptcy case. The fact that you still owe on a house and vehicle play a part in that determination but it will also depend on whether how much equity you have in these items and if you are current on them. Please call a Bankruptcy attorney... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: Can i file personal unsecured loans in bankruptcy and if yes.will i have to pay them off?
Cristina M. Lipan
Cristina M. Lipan
answered on Jan 12, 2018

If you are able to file a chapter 7 bankruptcy case, most unsecured debts are discharged and you would no longer have to pay them. This would include an unsecured loan. However, if, for various reasons, you will need to file under chapter 13, you will have to pay your debts through a payment plan.... View More

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1 Answer | Asked in Bankruptcy, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: I went through bankruptcy in 2015 and discharged now 2017 lien holder has not picked up vehicle what are my options?

File for bankruptcy in January of 2015 discharged in June of 2015 lienholder on a vehicle that was scheduled in my bankruptcy Chapter 7 still has not picked up the vehicle and it is almost 2018 what are my options as far as them repossessing the vehicle or getting the title to the vehicle in the... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 20, 2017

Did you state that you intended to surrender the vehicle on your petition? Did you reaffirm or redeem? Have you been making payments? There are numerous things that could have happened in your bankruptcy case that would affect where you now stand. However, the secured debt doesn't just go away... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Hello will you be able to help with bankruptcy advice?

I recently filed bankruptcy and I lost my job. I was also involved in a car accident and my vehicle was taken in for repair. I am not able to afford the deductible to fix it so I added my vehicle to the bankruptcy. Will my lienholder be able to come after me for repairs to the vehicle?

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 4, 2017

You need to make sure the mechanic was also added to the schedules. They may have a secured claim which must be dealt with in the bankruptcy case. That means that you will probably need to pay off the deductible even with the bankruptcy. If you have a bankruptcy attorney, speak to them. If you... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: After Magistrate rules subject owes rent & property damage, he files bankruptcy. Is he freed of the monies he owes me.

Does the landlord have any recourse?

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 4, 2017

Rent arrearages and civil damages are debts dischargeable in bankruptcy (so the debtor would not be liable for the money after a successful bankruptcy case). There may be circumstances where a landlord could fight to have the case dismissed, perhaps for a bad faith filing. However, the threshold to... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I need a bankruptcy lawyer?

I know I can't get rid of my student loan debt, but I owe income tax from 2015 that I was unaware of and have over $20,000 in credit card/private loan/medical debt. My credit has, I'm sure, gotten horrible in the past year or two, as I had some medical, legal, and employment problems.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 18, 2017

It is possible to file.pro see, although I do not recommend it. Your tax dent will not go away as neither will the student loan debt

1 Answer | Asked in Bankruptcy for Georgia on
Q: If a person files bankruptcy, but doesn't include accounts in good standing, are the good accounts affected?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 16, 2017

Upon filing ALL accounts related or linked to your social security number are closed. You can call the credit card company and see about reopening, but they usually do not do, unless AMEX

1 Answer | Asked in Bankruptcy and Divorce for Georgia on
Q: If I was awarded a portion of my ex's 401k, but I never filed for the QDRO, how do I go about filing these forms?

The Judge awarded it, but at the time I just needed to get away from him. How do I go about filing the QDRO if I live in a different state now?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2017

You need to hire an attorney to draft the QDRO. I recommend the following attorney - https://www.mlundylaw.com/

1 Answer | Asked in Bankruptcy for Georgia on
Q: Could i get funding for the fee of chapter 7. I own no property, car , and i just have ssi after my brain injury 2012.

i lost everything to bills.. cars, home of 18 years with equity and my marriage because i was not a asset any more .

Nels Hansen
Nels Hansen
answered on Oct 11, 2017

Funding? No. However, you can file an Application to Have the Chapter 7 Filing Fee Waived. If all you have is SSI you may be judgment proof. Essentially, there nothing that a creditor could recover from you so filing may not even be necessary. You may wish to file for the peace of mind that you... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Identity Theft for Georgia on
Q: I keep getting harassed by debt collectors over a debt that was not mine and was included in a bankruptcy. Its been 14yr

Debt collectors are still harassing me via phone and letter over a cell phone bill that belonged to my mother. The company that issued the collection claims the account was in my name, however I was just an added line on to my mothers account. I also was a minor when my phone plan was added on to... View More

David Humphreys
David Humphreys
answered on Oct 4, 2017

from the sound of your email you have a very solid case. You need a lawyer to represent you. You should not pay anything. You have claims for invasion of privacy and likely, the Fair Debt Collection Practices Act. Search the internet or contact my office if you'd like.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Can creditor put debt cleared in bankruptcy back on my credit report I charged off a few days ago and debt still shows

My ch7 filed in june 2017 recent charge off sept. 25th 2017 all debts are gone except landlord who was included in the bankruptcy. Suppose to move today but new landlord sees this on report. Will it hurt me to explain i recently filed bankruptcy & the debt shouldn't be on there? Do I... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2017

I'm sorry you are having this problem.

You keep using the word "charge off" but I think you mean "discharge."

Assuming I'm right, dispute the derogatory item on your credit report, by submitting it to the credit bureau. Tell them the debt was...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: Is there a limit to the number of times a person can file for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Sep 15, 2017

There is a time limit on the ability to receive a discharge of your debts in a bankruptcy case. It is 8 years from filing date to filing date in consecutive chapter 7 filings if you received a discharge in the first case.. The rules are different for chapter 13. So, you could file before the time... View More

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Can You File Chapter 7 Bankrupt on medical bills

I am trying to clean up my debts and credit I have outstanding medical bills and other bills such as AT&T and I need to know the best way to do this

I am currently unemployed, but have filed for disability through SSDI and through the VA.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 17, 2017

As long as you do not have a house with equity, you should be okay to file a Chapter 7

1 Answer | Asked in Bankruptcy for Georgia on
Q: What assets, if any, can I keep if I file for bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 20, 2017

It depends on whether your state follows the federal or State exemption scheme. Check with counsel in your area or do internet research on this specific topic and but double check with counsel.

1 Answer | Asked in Bankruptcy and Personal Injury for Georgia on
Q: I have a personal injury settlement coming soon. I also am about to file bankruptcy. Can they touch my settlement?
Kevin Scott Neiman
Kevin Scott Neiman
answered on Jun 11, 2017

A bankruptcy trustee in a Chapter 7 case can potentially take any money you are paid in a settlement because you have limited protection of your personal injury settlement money. You should consult with your personal injury attorney and your bankruptcy attorney to see what the best course of action... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: If one spouse files for bankruptcy and another doesn't, how does that affect jointly held property?
David Earl Phillips
David Earl Phillips
answered on Jun 6, 2017

Depends on what the property is and most importantly is there equity in the property. The filer may be able to exempt their half of any value and the trustee could not take the non-filers interest. If real estate you may have a tenancy by the entireties issue. You really need to discuss with a... View More

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