Frequently Asked Questions

Categories:

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 as is necessary to maintain a reasonable standard of living.

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.