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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Q: I am currently in bankruptcy ch 13 for 9 months my landlord is evicting me can I stop it
Stuart Nachbar
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Stuart Nachbar
answered on Feb 7, 2019

Your Landlord would have to go to the Bankruptcy Court to request permission to file in State Court. Call your Bankruptcy lawyer immediately

1 Answer | Asked in Bankruptcy for Georgia on
Q: My 1st and 2nd mortgage were discharged through chapter 7 in 2009. I paid 1st mortgage from 2009 to date but

never reaffirmed the mortgage. Now I want to move away. Can I sell the house for balance due on the 1st to settle the 1st mortgage? What becomes of the 2nd mortgage lein if there are no proceeds to rollover?

Timothy Denison
Timothy Denison
answered on Feb 1, 2019

You won’t be able to transfer good title to any buyer unless both mortgages are satisfied and the liens released.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Can filing Chapter 13 help me get my car back from an dealer who gave me an in house financed loan?

Car wa just repossed 1/24/19 They want me to pay off the loan which is only $3000 within three days or theyre gonna sell the car.

Timothy Denison
Timothy Denison
answered on Jan 27, 2019

Filing a 13 can slow the process down and slow the sale until you have time to possibly get the money together and redeem it. Consular a competent bankruptcy lawyer who can help you with this.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I'm no longer able to pay any bill due but I'm only $15,000. Should I file bankruptcy

I ment to say I'm only $15,000 in debt

Timothy Denison
Timothy Denison
answered on Jan 13, 2019

Possibly. Contact a local bankruptcy attorney to discuss your options.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Who owns my debt?

I have 6 credit cards in collections and one from pay pals bill me letter. I have not made a payment in 1.5 years. I live in Vietnam and they have no way to contact me. I have no idea who owns the debts. I don't know what to do. I’m scared about being sued

Timothy Denison
Timothy Denison
answered on Jan 7, 2019

If you live in Vietnam, they can’t get service on you so there’s nothing for you to worry about unless or until you come home.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I received a transvaginal mesh in July 2011. I filed chapter 7 bankruptcy in February 2012. Will I lose any award I get?

Bankruptcy discharged June 2012. Injury from mesh listed as September 14, 2012. I also accrued student loan debt within these times and were listed in bankruptcy.

Timothy Denison
Timothy Denison
answered on Dec 29, 2018

You should not lose the award as your injury occurred post-petition.

1 Answer | Asked in Bankruptcy for Georgia on
Q: What do I do if I can't afford the bankruptcy filing fee?
Timothy Denison
Timothy Denison
answered on Nov 30, 2018

Ask the court to waive it.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Sign lease in 2015 for a year it's now 2018 the landlord is evicting me for late fees I have mold in the house and many

Problems in the house refrigerator broken stove broken the toilet not flushing sewer flies coming up through the shower

Timothy Denison
Timothy Denison
answered on Nov 5, 2018

What is your question?

1 Answer | Asked in Bankruptcy for Georgia on
Q: chapter 13 bankruptcy

recently considered filing chapter 13 bankruptcy as I cannot afford the payments I got myself into. I currently have around 15k credit card debt and I also have two car loans one for 11.5k and the other for 26k. The problem Im trying to figure out is on the second car loan I had my mother signed... View More

Timothy Denison
Timothy Denison
answered on Oct 23, 2018

Depending on what other debt you have, you might qualify for Chapter 7. You might also want to consider keeping the loan your mom co-signed on and letting the other car go back. You need to consult a local bankruptcy attorney who can assess your complete financial situation and tell you what to do.

4 Answers | Asked in Bankruptcy and Real Estate Law for Georgia on
Q: Does the trustee has the right to take the land and house?

My partner and I live together for 20 yrs and have 4 kids together. He has no job and income since 2002. I have been supporting his bills for 13 yrs. In 2014, I bought a land and built a house on it. I contributed 100% toward the purchase and added his name to the deed. After a year, I ended... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Oct 23, 2018

You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he... View More

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Can a bankruptcy trustee take all of a settlement?

Product liability claim was filed before bankruptcy. Bankruptcy 7 is in Georgia. Are there exemptions you can use to protect some of the settlement?

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

Check both the federal and state exemptions and see which are applied. There are some that can help you, although you probably need a skilled bankruptcy attorney to help you.

2 Answers | Asked in Bankruptcy for Georgia on
Q: I’m in Georgia and I have a bankruptcy question. I owe taxes for a few years and a couple of those years are un-filed.

What's the best course of actions. I'm not sure if I need to do a 7 or 11 overall but I wanted to get all my debt at one time in 1 place. Any help would be great.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 9, 2018

First get to an accountant and get all your taxes filed and in order. The go see Counsel for a Chapter 13 or a Chapter 7 depending on the amount of debts (Secured v Unsecured). You may find that it is not worth filing for bankruptcy depending on the debts and just entering a repayment plan with... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: What's the best and quickest way to build up credit again after filing for bankruptcy?
Brent T. Geers
Brent T. Geers
answered on Oct 2, 2018

The quickest way is the same way it is for everyone: pay your bills on time. Immediately after bankruptcy, you will likely be inundated with credit card and other financing offers, all of which can help you build up your credit, or lead you back to bankruptcy. Choose carefully.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Do my college loans go away if I file for bankruptcy?
Timothy Denison
Timothy Denison
answered on Sep 16, 2018

No. They are largely non-dischargeable and will be waiting for you when after your discharge is entered.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed Chpt 7 in May 2011 and then currently on Chpt 13 repayment for bankruptcy filed in Jan 2017. Can I convert to ?

The only secured debt is car. I now need expensive maintenance/repair which I can't afford. If I can't convert am I allowed to trade care in. How does that affect plan payments?. All was done where I live in Georgia.

Timothy Denison
Timothy Denison
answered on Sep 16, 2018

You can convert although you will need permission to trade car in if you stay in 13.

1 Answer | Asked in Bankruptcy and Consumer Law for Georgia on
Q: Can a collector/creditor sue you for a debt they bought? State of Georgia Current creditor: Barclays Bank Delaware

Original creditor: Citibank

Last payment 6/23/08

Charge off date 3/30/09

Is this now past the statue of limitations?

Timothy Denison
Timothy Denison
answered on Aug 24, 2018

Yes.

1 Answer | Asked in Bankruptcy for Georgia on
Q: How can i find out my kawsuit if i have case number?

I got a bunch of letters in the mail from attorneys saying capital one had filed a lawsuit against me or a garnishment... it has a case number. I have not been notified by capital one to my knowledge

Timothy Denison
Timothy Denison
answered on Aug 20, 2018

Go to the clerks office in your town and give them the case number. They will look it up and Pull it for you.

1 Answer | Asked in Bankruptcy for Georgia on
Q: On chapter 13 why are all the things being charged such as American Info Source, Quantum 3 Group, Portfolio Recovery

I have a attorney but he wont talk to me or respond without charging me

Timothy Denison
Timothy Denison
answered on Aug 14, 2018

It depends on where these things are being charged.

2 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: Can I pause alimony under bankruptcy protection?

I am currently under bankruptcy protection, been layed off from my work about six month ago and have no income and no more savings to pay the alimony.

Can I PAUSE the alimony payments until I find new employment?

I have full intentions to keep on paying the alimony as soon as I can.... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2018

You need to keep paying the alimony. You should also consult an attorney about your options. Some alimony payments are modifiable, some are not.

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1 Answer | Asked in Bankruptcy and Small Claims for Georgia on
Q: Court date is 7/30. Made response to dispossessor proceedings with big errors how can I correct this before Monday?

I requested a court of record hearing trial by jury & required 21 day extensioncome to remedy & charged the agent of Company $1000 a day for continuing with false claim with additional damages. I did not send in the claim with itemized charges for the cost of damages.My mistake I believe... View More

Timothy Denison
Timothy Denison
answered on Jul 29, 2018

If you have filed bankruptcy, the automatic stay is triggered and stays all proceedings. No need to do anything today, but take a copy of your bankruptcy filing and tell everyone tomorrow at the 7/30 Hearing that you have filed. That should stop the proceedings. You really need an experienced... View More

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