Frequently Asked Questions

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What is the difference between a Will and a Living Will?

The state of Georgia recognizes the right of a competent adult person to make a written directive known as a Living Will, instructing his physician to withhold or withdraw life sustaining procedures in the event of a terminal condition.

What if I die without a Will?

If you die without a will in Georgia, then state law will determine the individuals who will receive your property, and the Courts will decide the remaining issues. For example, the court will appoint a guardian for any minor children. Also, the court will appoint an administrator to distribute your property, and allow the administrator to retain a fee for his or her work.

Who needs a Will?

All adults should have a will, especially if you are married, have children, or have any assets. In addition to distributing your assets to the persons you desire, a will allows you to specify the individual you would like to have custody of your minor children, and also specify your wishes for your final resting place. Having a valid will ensures that your property will be distributed without significant costs.

What is a Will?

A Last Will and Testament is a document which allows you to transfer property you hold in your name at the time of your death to the person you want to have it. A Will also typically names a person or persons you select to be your Personal Representative (or “Executor”) to carry out your wishes and also names a Guardian if you have minor children. A Will only becomes effective upon your death and after it is admitted to probate.

Can I keep my home and personal property?

In most cases, you keep your property. However, only after providing your attorney with a list of all your Assets can this question be answered.

What debts are wiped out?

Generally speaking, all debts are eliminated, except for the following:

  • Debts which have are determined by the Bankruptcy Court to be non-dischargeable as the result of debts created through false pretenses or misrepresentations or for money or property obtained by fraud or for damages arising for willful and malicious injury to property;
  • Certain taxes;
  • Certain Debts which you fail to list on the schedules;
    Debts owed to a spouse, former spouse, or child for alimony, maintenance and support; or incurred as the result of a property settlement agreement;
  • Debts for fines, penalties, restitution or forfeitures payable to a governmental unit or as the result of a conviction in a criminal case;
  • Debts because of damages, injuries or death resulting from driving while intoxicated;
  • Educational or student loans.

Who can file a Chapter 7 Bankruptcy?

You must not have been granted a Chapter 7 discharge within the last 8 years or completed a Chapter 13 plan within the last six years with a repayment of less than 70% to unsecured creditors.

What Property can I keep?

There are many Bankruptcy exemptions and they differ from state to state. Only once we have a complete list of all your Assets can we give you a clear answer.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is filed when a Debtor cannot afford to make a meaningful payback to Creditors. Most unsecured debts are discharged (wiped out). Secured debts, such as cars, houses, and furniture, can continued to be paid directly by the Debtor if he desires to keep the collateral. However, the Debtor’s property is not protected, meaning.

Creditor’s can repossess or foreclose on the property if they so desire. Furthermore, if there is significant equity in any Assets, then the Court can potentially sell the Asset and pay creditors with the profit.

What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a debt repayment plan that generally runs over a 3-5 year period. The debtor makes a specified payment to the Chapter 13 trustee, who then distributes the money to creditors. The amount creditors receive can vary between 1% and 100%, depending on the Debtor’s ability to repay. The debtor receives a discharge of all dischargeable debts upon completion of the Plan.

Who determines how much my Chapter 13 payments will be?

The amount of your Chapter 13 payments are based upon your income, your monthly living expenses, and the amount of your total debts. You are allowed to keep and spend as much of your income that is necessary to maintain a reasonable standard of living.