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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Georgia on
Q: Married- huge medical bills recently incurred. Bills in my name only.Will my filing Chap.7 will affect his credit?

Bills incurred middle of Feb. this year. Total amount exceeds what I could possibly pay in my entire lifetime.

Cannot proceed with this if spouse's credit would be affected in any way. He IS NOT named on any of the bills or paperwork.

Kelly Lambert
Kelly Lambert
answered on Jun 26, 2014

As long as your husband is not listed as a responsible party for the bills and he continues to pay all bills in his name on time, you can have them discharged in the bankruptcy and this will not effect his credit in any way.

Kelly G Lambert III

www.kellylambertlaw.com

1 Answer | Asked in Bankruptcy for Georgia on
Q: I need to file chapter 7. I no longer have a job and owe $12k in a charge card. How much would that cost?
A. J. Mitchell
A. J. Mitchell
answered on Mar 17, 2014

The cost for filing a Chapter 7 bankruptcy generally ranges between $1,000 and $1,500 depending on a debtor's circumstances. In addition, a potential filer may be required to pay separately for credit counseling and debtor education. These costs are all over the place but generally do not... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: If I file for chapter 7, will I lose my life insurance policy?
A. J. Mitchell
A. J. Mitchell
answered on Mar 14, 2014

No. However, you may be required to disclose your cash surrender value as a personal asset. You should consult with an experienced bankruptcy attorney regarding possible exemptions in this regard.

1 Answer | Asked in Bankruptcy for Georgia on
Q: If I'm married and my husband files chapter. 7, does that affect me if we have joint ownership to our vehicles?
A. J. Mitchell
A. J. Mitchell
answered on Mar 11, 2014

No, it does not. However, you will remain personally liable for any debt that you may owe on the vehicles

2 Answers | Asked in Bankruptcy for Georgia on
Q: How many years can you wait to file your second bankrupsy
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Filing date to filing date for a chapter 7, you must wait until 7 years expires. So, if you wiled a chapter 7 on Jan 01, 2000, you must wait until Jan 02, 2007.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: If a company goes bankrupt, is the consumer still responsible for loan?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Yes, you are still responsible. Most likely the mortgage company did a Chapter 11 Reorganization. At worst, you loan would be sold.

2 Answers | Asked in Bankruptcy for Georgia on
Q: After filing bankruptcy creditor is still reporting what can I do
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Matters discharged in a Bky will continue to be reported on your credit reports for upto 10 years, but it should be marked as Discharged. It is not marked, you should contest the matter via the reporting credit bureau.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Is there a way to find out if a business in Georgia has filed for Chapter 11?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

2 Answers | Asked in Bankruptcy for Georgia on
Q: Can I file a chapter 13 or othe chapter on Property tax liens as a LLC?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Property Taxes run with the property. If you keep the property, you keep the taxes.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: If i am not served, can a judgement still be reached in court to garnish my wages?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

This is not a Bky question.

Garnishment is a Post Judgment matter. You would have been served when the suit first started. Garnishment is done by a writ, forwarded to you and your employer. Generally, attached will be documents providing you an opportunity to object, if you have grounds...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: Can I still get 1099s, after filing for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Yes.

However, if you are expecting a Tax Refund, unless the Trustee specifically abandons it, it maybe subject to the Bky Estate.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I RECEIVED A DISCHARGE OF DEED TO SECURE DEBT WHAT DOES THAT MEAN?
A. J. Mitchell
A. J. Mitchell
answered on Jan 5, 2014

A Deed to Secure Debt or Security Deed is an instrument which secures a lender's interest in real property pursuant to the requirements of a promissory note. If you received a discharge of such a deed, this simply means that you are no longer legally liable for the underlying debt perhaps... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Will chapter 7 affect my life insurance policy?
David Siegel
David Siegel
answered on Dec 26, 2013

Bankruptcy will not affect your life insurance policy provided you continue to make your payments. However, if you have a cash surrender value and your beneficiary is not a spouse or dependent child, you may lose that non-exempt amount to the Trustee in exchange for your fresh start.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Can my employer still take out garnishments, after I have filed for bankruptcy? I have the letter from court.
A. J. Mitchell
A. J. Mitchell
answered on Dec 10, 2013

Once one files for bankruptcy, all garnishments and other collection actions are subject to an automatic stay and thus must stop. Generally, funds garnished after a bankruptcy filing must be returned to the debtor(s). It would be helpful to refer this matter to your bankruptcy attorney if you have... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: How could I find out if a business has filed for a bankruptcy reorganization in Georgia?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

There is an electronic service called PACER. Its free to register for PACER and it will take a few weeks for the court to send you the login information but once you have it you can access any bankruptcy court in the US and look up the information. If you know the name of the company and where it... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: How do I get a certified copy of an order on motion to avoid judgement lien?
A. J. Mitchell
A. J. Mitchell
answered on Aug 15, 2013

If you are really asking for a file-stamped copy of such an order, you should contact your bankruptcy attorney or visit the clerk of court's office. Be sure to have your case number, SSN and proof of identification when you arrive at the clerk's office.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I cant pay my credit card bills. what happens if i stop making payments ? i am 74 years old.
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 18, 2013

It depends on what assets you own and what your sources of income are. I have several ideas for you if you want to email me at rachelforjustice@hotmail.com.

If you stop paying your bills, your debts will be sent to a debt collector and you will eventually be sued and the creditor or junk...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed a Bankruptcy in 2/6/2004, then filed to stop it. It was stopped 3/16/2004. How long will it be on credit report?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

7 to 10 years depending on which kind of bankruptcy you filed. Even when you dismiss a bankruptcy like this it can still be reported.

A chapter 7 stays on there for 10 years from the order ending the case. A chapter 13 stays on there for 7 years.

However, since the was over in 2004,...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: Do i need a lawyer to file a motion to order avoiding lien
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

No one "needs" a lawyer. I don't "need" a plumber to fix a leak faucet or a doctor to do surgery or a CPA to do my taxes. However, I am not a plumber, doctor or CPA and I have enough sense to know when I need to get professional help.

People don't need lawyers...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: I am nearing the end of a Chapter 13. my home has a Fifa on it from one of the creditors what can I do to get it removed
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

Bankruptcy will wipe out any judgments and writs of execution (that is what a FiFa is) if you file a motion in the bankruptcy court to avoid the judgment lien. The lien can be avoided to the extent that it impairs your exemptions. This is something you should be discussing with your bankruptcy... View More

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