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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

3 Answers | Asked in Bankruptcy for Georgia on
Q: Can I avoid a dismissal of my Chapter 13 by getting current on my payments. I received a letter seeking dismissal

I have completed 99% of my Chapter 13 and it’s a 5 year plan. Just got behind the last couple of payments. I have made smaller payments but not the full amount

Kenneth Allen Parker
Kenneth Allen Parker
answered on Sep 21, 2019

More than likely, the answer is Yes, if the only issue is late payments. If you have an attorney, contact him/her immediately and they may be able to work out an arraignment to get your payments current. If you do not have an attorney, I’d advise contacting one immediately.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: my daughter wants to assume a mortgage that is in my granddaughter's name and my granddaughter is in bankruptcy but she

says the home is not a part of the bankruptcy and is only listed, so can my daughter assume the loan or not?

Timothy Denison
Timothy Denison
answered on Sep 7, 2019

Not without the trustees permission.

1 Answer | Asked in Bankruptcy and Business Law for Georgia on
Q: does a confession of judgment from Miami florida apply in Georgia?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 16, 2019

It depends on how it was drafted. It has to be entered in defendant's resident county. It also depends on what stage the case is at. But generally yes.

3 Answers | Asked in Bankruptcy for Georgia on
Q: If you file Chapter 7 bankruptcy but not on your home and land could the courts take your property and home and sell it
Clark Dray
Clark Dray
answered on Aug 15, 2019

In bankruptcy, you get to retain any assets which are covered by state and federal exemptions. The key to determining whether your home will be safe in bankruptcy is determining how much equity you have in your home (the home's value less any mortgages, liens, etc.) and how much equity your... View More

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1 Answer | Asked in Bankruptcy and Civil Litigation for Georgia on
Q: Need legal documentation

I need to submit a Motion to Reopen Chapter 7 case that has been discharged over a year to Vacate a Judgement lien on property that had a judgement on before I filed Chapter 13. I converted over to chapter 7 after the POA matter came up again and had it listed in my bankruptcy. The amount they... View More

Timothy Denison
Timothy Denison
answered on Aug 14, 2019

You will have to file it in the bankruptcy action in which the discharge was granted.

2 Answers | Asked in Bankruptcy for Georgia on
Q: Im Chapter 13 and my wife isn’t. She’s coming into money. Can we buy land cash and build a home in both our names?
Warren V. Norred
Warren V. Norred
answered on Aug 1, 2019

If your wife is the only one coming into money, then I'd keep it segregated in her account and do with it what you wish. It's very unlikely that you'll have a problem, especially if your C13 plan is confirmed.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: What is the median household income for a family in Georgia, considering filling chapter 7

For a family of 4

Jeffrey William Narmore
Jeffrey William Narmore
answered on Jul 30, 2019

Good afternoon. The current median income for a family of four in Georgia is $82,476. You can find this and other information about the bankruptcy "means test" at the U.S. Trustee Program's web site at this link: https://www.justice.gov/ust/means-testing

Wishing you the best,

Jeff Narmore

1 Answer | Asked in Bankruptcy for Georgia on
Q: My wife filed a chapter 7 and claimed on it that we were seperated. But we were not. We were still married together.

She lied on it saying she paid part of the housepayment but she did not. What can i do

Timothy Denison
Timothy Denison
answered on Jul 24, 2019

Hire an attorney and enter your appearance in her bankruptcy case to set the record straight..

3 Answers | Asked in Bankruptcy for Georgia on
Q: i owe twice the amount the car is worth i cant keep up with payments, not had a whole yr. got screwed Bankruptcy?

i am 36 yr old woman went to carlot alone & got talked into getting a car thats worth 10,000 for 18,000. i havent had the car 7mo dont wont to buy do i need to file bankruptcy or am i stuck or what?

Clark Dray
Clark Dray
answered on Jul 8, 2019

A bankruptcy can be a useful tool in this situation. You could discharge the debt in a Chapter 7 bankruptcy and surrender the car. Alternatively, you might be able to get a redemption loan to pay off the vehicle through the bankruptcy for its fair market value. Talk to a local bankruptcy attorney... View More

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Will the court allow me to take out a TSP loan to help catch up on arrears while under chapter 13 bankruptcy?
Jeffrey William Narmore
Jeffrey William Narmore
answered on Jun 24, 2019

Good evening. You would be borrowing against a TSP loan and this would most likely be viewed as a request to incur a debt. The view on allowing this changes a lot from one jurisdiction to the next, including who decides to grant the request. For example, in the Southern District of Georgia the... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Georgia on
Q: My mortgage company "Ditech", has entered a chapter 11 bankruptcy. Where should notices to the creditor be sent?

Hi, my mortgage company "Ditech" has entered a chapter 11 bankruptcy. They are involved in a class action lawsuit and I was sent out a "Proof of Claim" form from Epiq Global via mail and email. There is a section on the form asking "where should notices to the creditor be... View More

Timothy Denison
Timothy Denison
answered on May 31, 2019

Yes. You should file a proof of claim for the value of your entire house. You are the creditor, Ditech is the debtor. I would ask the trustee if he wants payments sent directly to him.

2 Answers | Asked in Bankruptcy for Georgia on
Q: Is there any action I can take over a discharged bankruptcy debt

This debt was thru a dispute over a car rental for three days that did not involve an accident that was discharged over two years ago on a bankruptcy. In retribution, the Enterprise Car rental has placed me on a do not rent list along with its sister agency's which prevents me from renting a car.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 5, 2019

Actually, there is. Contact your atty about reopening case, and filing a motion for violation of the anti discrimination clause of the bankruptcy code. You could possibly be awarded sanctions

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1 Answer | Asked in Bankruptcy for Georgia on
Q: I have received an eviction notice from the leasing office & i haven’t even been to court yet is that’s possible?
Timothy Denison
Timothy Denison
answered on May 4, 2019

Yes. That’s how it works. Notice first. If you don’t leave, court.

2 Answers | Asked in Tax Law and Bankruptcy for Georgia on
Q: can i file land taxes
Timothy Denison
Timothy Denison
answered on Apr 27, 2019

You can, but they follow the property and likely will not be discharged if you still own the property.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: What happens to my home equity in a chapter 13?

A 2013 divorce left me with the marital home, but it has 5 judgment liens placed on the title during the divorce from credit card debt.

These liens are approaching 5, 6 and 7 years of age and of course have ballooned to an enormous amount I'm absolutely unable to pay.

I make... View More

Timothy Denison
Timothy Denison
answered on Apr 19, 2019

Way too many questions to answer in a text bc there are so many variables to consider, but the short answer is yes, a Chapter 7 or 13 could help you resolve these issues permanently and likely help you keep your home. You need to consult with an experienced bankruptcy attorney who can analyze your... View More

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1 Answer | Asked in Bankruptcy and Estate Planning for Georgia on
Q: As trustee of trust and property owner in individual capacity. Can I file chap 7. Property schedules for FC April 2

Fulton county. Property was placed in a trust for estate planning purposes under 1982 garners st Germain act. So can I file 7. Chp 11sf individual. I thought we were working something out..not responding now. I had a legal name change. When his attorney modified note

..I gave new legal... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

This combination of inter-related questions would require at least 10 hours of professional legal time to respond to, time valued at least $3,000. Hire a lawyer.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Georgia on
Q: Judgement filed against me in GA license suspended. Filed chapter 7 what to do now?

Accident was in 2009. Judgment in 2012. When my chapter 7 is discharged this month do i just take my papers to the DDS or will i need an attorney

Timothy Denison
Timothy Denison
answered on Mar 25, 2019

Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Friend going through Ch 7 No-asset bankruptcy; can we fundraise for legal costs without hurting their case?

Friend is not aware of fundraiser; they wouldn't ask that of us, but we want to help them, and they don't have the funds to pay a lawyer right now, though they're trying to work with one. Is there a way we can contribute and help without hurting their case or resulting in any... View More

Timothy Denison
Timothy Denison
answered on Mar 20, 2019

Yes. Raise funds and pay lawyer directly.

1 Answer | Asked in Bankruptcy and Collections for Georgia on
Q: I have been served papers to appear in court for an outstanding medical bill.
Kevin M Rogers
Kevin M Rogers
answered on Feb 27, 2019

If you have been "served" a Summons to Appear, you must appear. The only thing you could do at this point is notify the Clerk of the Court and notify them that you have filed bankruptcy and see if this obviates the need to appear. Otherwise, you must appar or risk being held in court.

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