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Georgia Bankruptcy Questions & Answers
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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Bankruptcy and Car Accidents for Georgia on
Q: Can an accident judgement be forgiven if bankruptcy is filed? Judgement is not on my credit but is affecting my license

The accident happened when I was 16 years old. According to the police report, I was at fault. Although the other party hit me. The attorney for state farm insurance filed a lawsuit against me once I was of age and right before the statue of limitation. The judged ruled in their favor. It has been... View More

Timothy Denison
Timothy Denison
answered on Feb 20, 2020

File bankruptcy. Consult a competent practitioner to review all your options.

1 Answer | Asked in Bankruptcy and Employment Law for Georgia on
Q: I received an notice of chapter 11 bankruptcy filing from my former employer does that mean I’m considered a creditor

My former employer is The Krystal Company who filed on 1/19/20 and they still owe me money from where I worked a week in the hole. Am I considered a Creditor in their case because I received a notice of the bankruptcy filing

Timothy Denison
Timothy Denison
answered on Jan 27, 2020

Yes. You are a creditor and you should file a priority proof of claim with the court because you will likely get most of your money.

1 Answer | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can one exempt his primary residence ?
Justin M. Gillman
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Justin M. Gillman
answered on Dec 20, 2019

First, you should consult with an attorney as questions of exemptions and assets often are very fact sensitive and can be complicated when it comes to all of a filing debtor's assets. Georgia, I believe, does not recognize the federal exemptions and therefore you would be limited to state... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can a person exempt his primary residence?
Jeffrey William Narmore
Jeffrey William Narmore
answered on Dec 13, 2019

Hello. Yes, every state allows exemptions, usually up to a certain amount of equity (the value of the residence minus any debt secured by the property). In Georgia, a homestead exemption of $21,500 is available or $43,000 for a joint case to those who qualify as residents under the applicable... View More

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2 Answers | Asked in Bankruptcy, Contracts, Criminal Law and Employment Law for Georgia on
Q: What limitations follow certain charges? What is a contributing factor in background check limitations?

This is my only offense; therefore, what will my limitations amount to after a background check?

Timothy Denison
Timothy Denison
answered on Oct 26, 2019

There are no limitations.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I won a court judgement for $3000.00 against a contractor who did not complete the painting and repairs

I served him with a fifa, he declared bankruptcy against his labor. Can he declare bankruptcy against his labor?

Timothy Denison
Timothy Denison
answered on Oct 24, 2019

Yes, unless there was some type of fraud on his part.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - can i file separate from my family income?

Hello, i was wondering if I could file chapter 7 in the state of Georgia as an independent or single person family household income separate from my family. I am 27, living at home, I do pay for all my own bills and make under the medium household income in the State of GA, which is around 40k and... View More

Clark Dray
Clark Dray
answered on Oct 17, 2019

There are multiple interpretations of what constitutes a "household" for means testing purposes. Some judges will simply count how many people are living in the domicile, others will just look at your dependants, while others will try and figure out who's part of your "financial... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Bankruptcy Cahpter 7 - When should I stop paying my bills.

I have recently consulted an attorney and decided to file chapter 7; however, I need to wait to file for 3 - 6 months. I am current on all my Bill's never missed a payment, and I'm confused on when should I stop paying my credit card and loan debts. Should I start now or wait until... View More

Timothy Denison
Timothy Denison
answered on Oct 16, 2019

The best answer is to stop now if you’re eligible to file. The filing date starts when the petition is filed with the court. Consult your attorney and he will help you make the right decision.

2 Answers | Asked in Bankruptcy for Georgia on
Q: wanting to file ch 13 to keep car. My wife is currently in ch. 13.

since both our names are on the vehicles, will it affect me from filing. my vehicle is not being paid through her bankruptcy its list as direct pay.

Timothy Denison
Timothy Denison
answered on Oct 14, 2019

Should not affect your filing.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - Georgia

Hello, I have contacted a lawyer in regards to filing chapter 7, and in that conversation the lawyer told me If I wanted to keep my car that I have loan for, all I need to do is just continue to make payments, that I dont need to reaffirm the loan or do anything else, is this true?

Timothy Denison
Timothy Denison
answered on Oct 11, 2019

You can do it that way, yes, but if you stop paying, they will repo the car.

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