Frequently Asked Questions


Will I be able to keep all of my property?

Yes, a Chapter 13 case protects all of your property. However, you can still choose to surrender an asset if you wish, such as a car or house, so as to have a lower monthly payment.

Who can file a Chapter 13 Bankruptcy?

In order to file in Georgia you must have lived in the state within the past 90 days.

How long will a Chapter 13 Plan last?

Chapter 13 repayment Plans last from 36 to 60 months. Upon completion of the Plan, the Debtor is discharged, meaning all of the debts are legally forgiven forever.

What are the most common causes of Chapter 13 Bankruptcy?

The most common reasons for bankruptcy are (a) loss of a job or long-term layoffs; (b) loss of overtime hours; (c) large medical expenses or lengthy illnesses; (d) death or disability of a spouse; (e) separation, divorce and marital problems; (g) large unanticipated expenses.

Can I stop the bill collectors from calling?

All creditor actions, including phone calls, garnishments, and lawsuits, are immediately stopped when a case is filed.

I am married; does my spouse also have to file bankruptcy?

No. In some cases where only one spouse has debts, then it might be advisable to have only one spouse file. Keep in mind, however, that a Spouse’s income must be disclosed to the Court, even if that Spouse does not file.

Will I lose my job?

No. Bankruptcy laws prohibit such discrimination based upon a debtor filing for protection under the bankruptcy laws.

Can I keep my home, car, and furniture?

Yes. One of the main reasons for filing a Chapter 13 bankruptcy is to keep and protect your Assets.

Will Bankruptcy stop a wage garnishment?

Yes. All collection efforts, including garnishments, are immediately stopped when a case is filed. (Except for regular monthly child support payments)

Will Bankruptcy stop a foreclosure?

Yes, all foreclosures are immediately stopped when a case is filed. The Debtor must make all future mortgage payments in a timely manner in order to retain the house.

Do I have to fill out forms?

Yes. You will receive a detailed questionnaire from our office to be completed. It is important that you complete all of the questions, even though many of them may not apply to you or to your situation.

You will be required to list ALL of you property and ALL of your debts. At the initial court appearance, you will be asked under oath whether you have listed all of your property and all of your debts and you must be able to truthfully answer that you have.

Your attorney will ask you to complete a questionnaire and then will take that questionnaire and complete the bankruptcy petition and schedules based on the information which you have provided. There could be between 30 and 60 pages in your petition, schedule and other papers filed at the time of your bankruptcy. You must follow the local and federal bankruptcy court rules in completing the forms. Preparing these forms requires an understanding of both bankruptcy law and local state law in order to enter the information correctly and accurately. The forms have to be typed and a certain number of copies must be included with the filing.

After your attorney has prepared the bankruptcy petition, you or you and your spouse (if filing jointly) will review them and, if they are correct, sign them. Your attorney will forward them to the Court along with the necessary filing fees.