Bankruptcy in Georgia: What it is, What to Do, and How to Decide (What is Bankruptcy Book 10)

10 THINGS. YOU NEVER DO The following book is authored by E. R. Mousa, an attorney, whose principal . associates, within one year of filing bankruptcy can be recovered by . The trustee gets control of all the proceeds and decides who gets paid, .. He is a member in good standing of the Florida and Georgia bar.
Table of contents

Therefore, you must be certain that it is correct when you sign these documents. If, however, you later discover that something is inaccurate, the documents may be corrected by the filing of an amendment with the Clerk's Office. New schedules or statements must be filed showing the corrected information along with a certificate of service.

A fee click here to view fee must be paid when amending schedules D, E, or F or any list of creditors or mailing matrix. All amendments must be served upon the United States Trustee and case trustee, and certain amendments must be served upon the creditors affected by the amendment. The amendment must also contain an original signature. It releases the Debtor from personal liability for discharged debts.

Thus, it prevents the creditors owed those debts from taking any action against the Debtor to collect the debts. Most, but not all, types of debts are discharged if they existed on the date the bankruptcy case was filed and were listed on the schedules. Some of the debts that are not discharged are discussed in question Bankruptcy law regarding the scope of a discharge is complex, and Debtors should consult competent legal counsel prior to filing. You can obtain a copy from the Clerk's Office by either coming in person or sending in a written request.

There is a per page charge click here to view fee , plus an additional charge if you desire a certified copy. Payment must be in the exact amount payable either by money order or cashier's check. You must include a self-addressed, stamped envelope. You may also contact the Court's contracted photocopying service, Judicial Research and Retrieval Service in Tampa at , Orlando at , and Jacksonville at Under certain circumstances, 11 U.

Grounds for denial exist when the Debtor: What is the difference between a discharge being denied and a debt being declared nondischargeable? The court can deny the Debtor's discharge of all debts, or determine that a particular debt or debts are nondischargeable. If the court denies the discharge of all debts, then the Debtor will still be legally responsible for all the debts as if no bankruptcy petition had ever been filed.

If only certain debts are ruled nondischargeable, the Debtor will still receive a discharge order. However, the Debtor will remain legally responsible for those nondischargeable debts. For a discharge to be denied, either as to a particular debt or as to all debts, someone must file an adversary proceeding lawsuit with the court. That party must then prove one of the grounds for denial of the discharge or for a debt to be declared nondischargeable.

If your discharge is not withheld or none of your debts is declared to be nondischargeable, then all the debts listed in your petition will be discharged upon the entry of the order granting your discharge meaning your personal liability for the debts will be eliminated. You can visit the courthouse and view a file between the hours of 8: You can also access information for the Middle District of Florida, toll-free at Information about a case may be obtained by providing the Debtor's social security or tax identification number or the Debtor's name.

The following information is available: Case information may not be available for cases filed prior to a certain date. Information for such older cases can only be obtained through the Archive's Center in Atlanta, Georgia. Copies can be requested directly from the Archive Center, but certain information will be needed from the Court.

Please contact the Clerk's Office where the case was filed for availability of the file or for instructions on ordering archived information, Tampa at , Orlando at , and Jacksonville at Yes, files maintained by the Clerk's Office are public records. You may review your case, but you may not remove original documents from the Court files nor take the files from the Clerk's Office. Copies of documents can be made by the Court up to five pages click here to view fee. Anything over five pages must be copied by the Court's contract copy service.

For further information concerning the photocopying service, click here: Call the Clerk's Office or the case manager. Phone numbers for all offices are available by clicking on one of the following: Orlando phone list Jacksonville phone list Tampa phone list Access to electronic court records via the Internet or by direct dial-up modem is available by registering with PACER.

The VCIS telephone number is Tampa at ; Orlando and Jacksonville at Under Chapter 7, an impartial trustee is appointed to administer the case by collecting and liquidating the Debtor's non-exempt assets in a manner that maximizes the return to the Debtor's unsecured creditors. Under Chapter 13, an impartial trustee is also appointed to administer the case. The primary roles of the chapter 13 trustee are to determine the feasibility of a Debtor's repayment plan for the court and to serve as a disbursing agent, collecting payments from Debtors and making distributions to creditors. The office of the U.

Trustee is an agency of the Department of Justice, with responsibilities that include monitoring the administration of bankruptcy cases and detecting bankruptcy fraud. It is also responsible for appointing and supervising interim trustees to administer Chapter 7 cases, overseeing the Debtor-in-Possession, and appointing a standing Trustee in Chapter 13 cases.

What is a meeting?

This meeting is referred to as the "meeting of creditors. Debtors have a duty to appear and testify under oath and answer questions by creditors. This meeting is presided over by the trustee assigned to the case and is held approximately 40 days after the petition is filed. Debtors are required to provide photo identification and proof of social security number to the assigned trustee. A Debtor's failure to appear may result in dismissal of the case.

If a continuance or change in the hearing date is sought, the trustee assigned to the case must be contacted. The Clerk's Office is prohibited from providing legal advice. Questions pertaining to how a bankruptcy filing affects enforcement of an eviction proceeding should be directed to a bankruptcy attorney. A maximum of ten years under provisions of the Fair Credit Reporting Act.

The Bankruptcy Court has no jurisdiction over credit reporting agencies. The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. That agency can provide further information on reestablishing credit and addressing credit problems.

You can also directly contact the credit bureau s reporting the information - e. You can either file a motion for reconsideration of the order or file a notice of appeal. The person filing the notice of appeal becomes an "Appellant" and the other party, the "Appellee.

There is a filing fee to Docket the Appeal and a fee for the Notice of Appeal. Click here to view fee. An adversary proceeding is a lawsuit arising in or related to a bankruptcy case. It is commenced with the filing of an adversary proceeding cover sheet, complaint, summons, and a filing fee, if applicable. You should immediately notify the creditor in writing that you have filed bankruptcy, and provide them with the case name, case number, and filing date, or a copy of the petition that shows it was filed.

If a creditor continues to attempt to collect, the Debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action. However, a formal motion must be filed, in accordance with the Bankruptcy Code and applicable Rules. If the creditor is willfully violating the automatic stay, the Court can hold the creditor in contempt of court and fine the creditor. Any such legal action brought against the creditor will be complex and will normally dictate representation by a qualified bankruptcy attorney.

If the Debtor cannot make a chapter 13 payment on time pursuant to the terms of the confirmed plan, the Debtor should contact the chapter 13 Trustee by phone and by letter advising the Trustee of the problem and whether it is temporary or permanent. If it is temporary, the Debtor should advise the Trustee of the time and manner in which the Debtor will make up the payments. So long as the Trustee agrees, the payments can be made up over time. If the problem is permanent and the Debtor is no longer able to make payments under the plan, the Trustee will request that the case be dismissed or converted to another chapter, or the Debtor may seek to modify his or her plan.

The determination of whether to modify the plan or dismiss or convert a case requires legal analysis. The Debtor should seek counsel from a qualified bankruptcy attorney before attempting to make a decision how to proceed in their case. If you are a co-debtor with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the marital property, even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations determined to be nondischargeable by the bankruptcy court or in state court.

You should seek legal advice for a thorough explanation of your rights and obligations in this area as soon as you find out that your ex-spouse has filed bankruptcy. If you have been listed as a creditor in a bankruptcy case and you received a proof of claim form from the bankruptcy court, make sure to complete the form and file it with the court by the required date.

You must attach any documentation that supports your claim. If you wish to have a conformed copy returned to you, please enclose an extra copy and self-addressed, stamped envelope. If you were not listed as a creditor, you may obtain a claim form from the bankruptcy court or you can download a claim form by clicking on Proof of Claim form pdf.

Information regarding when a claim will be paid should be directed to the trustee assigned to the case, whose name and telephone number can be found on the meeting notice. How can I access court dockets by computer? The PACER system allows you to access docket sheets for bankruptcy case proceedings if you have a computer and modem. Click here to view the fee. How do I get admitted to practice before the Bankruptcy Court? An attorney must be admitted to practice before the District Court.

United States District Court or call their office: Tampa ; Orlando ; and Jacksonville For cause shown, the court may extend the time of any installment, as long as the last installment is paid no later than days after filing the petition. If a joint petition is filed, only one filing fee and one administrative fee are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:.

Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's financial position.

When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. In some districts, the U. The chapter 13 trustee both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. Filing the petition under chapter 13 "automatically stays" stops most collection actions against the debtor or the debtor's property.

Filing the petition does not, however, stay certain types of actions listed under 11 U. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor. Chapter 13 also contains a special automatic stay provision that protects co-debtors.

Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a "consumer debt" from any individual who is liable along with the debtor. Consumer debts are those incurred by an individual primarily for a personal, family, or household purpose. Individuals may use a chapter 13 proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition. The individual may then bring the past-due payments current over a reasonable period of time.

Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition. The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the chapter 13 filing. Between 21 and 50 days after the debtor files the chapter 13 petition, the chapter 13 trustee will hold a meeting of creditors.

During this meeting, the trustee places the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding his or her financial affairs and the proposed terms of the plan. If a husband and wife file a joint petition, they both must attend the creditors' meeting and answer questions. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the creditors' meeting.

The parties typically resolve problems with the plan either during or shortly after the creditors' meeting. Generally, the debtor can avoid problems by making sure that the petition and plan are complete and accurate, and by consulting with the trustee prior to the meeting. In a chapter 13 case, to participate in distributions from the bankruptcy estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. A governmental unit, however, has days from the date the case is filed file a proof of claim.

After the meeting of creditors, the debtor, the chapter 13 trustee, and those creditors who wish to attend will come to court for a hearing on the debtor's chapter 13 repayment plan. Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed. A plan must be submitted for court approval and must provide for payments of fixed amounts to the trustee on a regular basis, typically biweekly or monthly.

The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims. There are three types of claims: Priority claims are those granted special status by the bankruptcy law, such as most taxes and the costs of bankruptcy proceeding. In contrast to secured claims, unsecured claims are generally those for which the creditor has no special rights to collect against particular property owned by the debtor.

The plan must pay priority claims in full unless a particular priority creditor agrees to different treatment of the claim or, in the case of a domestic support obligation, unless the debtor contributes all "disposable income" - discussed below - to a five-year plan. If the debtor wants to keep the collateral securing a particular claim, the plan must provide that the holder of the secured claim receive at least the value of the collateral.

If the obligation underlying the secured claim was used to buy the collateral e. Payments to certain secured creditors i.

Background

The debtor should consult an attorney to determine the proper treatment of secured claims in the plan. The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7. The mailing generally occurs in a week to 10 days following the filing. The notice will contain vital information ; therefore, it is important you watch the mail for your copy of the notice.

Additionally, you must supply this office with a mailing address that you generally receive your mail. If you have not received a copy of the notice of filing bankruptcy within three weeks of signing your petition and schedules, please call the office and notify us. You should also receive a letter from our office reminding you of the meeting of creditors.

Do I Have Enough Debt to File for Bankruptcy?

The notice you receive from the court will contain the following information concerning the meeting of creditors: If you receive any collection letters after your bankruptcy has been filed with the Court, do the following: Make a copy of the letter you received from the creditor or the creditor's collection agent or attorney and make a copy of the Notice of Filing of Bankruptcy you received from the Court, and mail both copied documents to the return address shown on the collection letter. If the creditor or collector continues to send you statements or collection letters, make a copy of both collection letters or statements you received and mail them to your attorney's office.

GA Bankruptcy Law

Include in your mailing to the attorney a note stating that you have sent a copy of the Notice of Filing of Bankruptcy to the collector or creditor and they continue to send you collection notices. If a creditor or its collection agent or attorney contacts you by phone, tell them you have filed bankruptcy, give then your attorney's name and phone number and wish them a good day and hang up the phone.

Usually this information is enough to stop the creditor or collector from calling you. Do not let them engage you in a conversation! If they continue to call, get the name and phone number of the person calling and, if he or she will give you the information, his or her supervisor's name and phone number.

Bankruptcy FAQ | Woodall & Woodall | Valdosta, Georgia

And, as in the collection letters situation, mail or fax the information to your attorney's office. You will be required to have a meeting of creditors so that they may ask quesitons about why you are filing for bankruptcy. Click the link below for more details. There are many unique aspects about Chapter 13 Bankruptcy that distinguish it from Chapter 7 or Chapter The Link Below will give you an in-depth look at Chapter 13 bankruptcy.

If you have debt that is secured, such as a lein on your car or home, then you may be able to exclude such debt from your bankruptcy. With a reaffirmation agreement, you may continue making payments on the debt and keep your property. Click below to read more about reaffirmation agreements. Remember your credit reports will report the fact that you have filed bankruptcy for no less than seven years and up to 10 years. If you file a Chapter 13, the bankruptcy will remain on your report for the longer time of 10 years.

You may get free credit reports from the credit reporting agencies. Generally, if you call them they will take your name and address and mail the report to you within several days. We strongly recommend you get a credit report around three months after you file your case and check it for accuracy. If you find inaccuracies in your credit report, we encourage you to purchase a product from Office Depot called EZ Credit Repair. This kit contains easy-to-follow instructions, form letters and the law pertaining to credit reporting. Our office generally does not become involved in credit reporting issues; however, if you request we become involved, we will charge a fee for this service at our hourly rate in effect at the time the services are rendered.

You may also obtain your credit report online; however, the way in which to do that is beyond the scope of this writing. If you filed a Chapter 7 bankruptcy, you should receive a discharge in six to eight months after you file.

Georgia Bankruptcy Exemptions

What is a discharge? A discharge is an order entered by the Court essentially relieving you of your debts and making them go away forever. There are, however, certain debts that will not be discharged. It is not the intent of this writing to cover all of those debts which are not dischargeable in bankruptcy; however, a few of the most common non-dischargeable debts are: If you file a Chapter 13 bankruptcy, you should receive your discharge after completing your plan.

The plan payments should include the payment of those non-dischargeable items mentioned above as well as arrears on your mortgage payment and the payment of car notes which do not exceed a payment period of 60 months. It should be noted that student loans may or may not be paid in the plan depending on the circumstances of the payback period. It should be noted that interest on unsecured debts being paid in the plan stops upon filing the Chapter 13 bankruptcy; however, secured debts, student loans and a few other debts continue accumulating interest after the filing.

It goes without saying, the ability to acquire credit after filing any form of bankruptcy is difficult. Generally, auto dealers will arrange the financing of a car when you present them with your discharge document.

Georgia bankruptcy exemptions help you keep property in bankruptcy. Here are the exemption amounts.

You will, however, expect the interest rate to be in the high teens or low twenties. Most mortgage institutions will no longer consider your bankruptcy as a negative when qualifying you for a mortgage when two and one-half years have passed since the filing of your bankruptcy. There are several good books containing good information on how to reestablish your credit after bankruptcy. You are encouraged to purchase one at your local bookstore or on the Internet or check one out of your local library and read it.

From our office in Lawrenceville, our lawyers represent clients in communities throughout Gwinnett County, Georgia. Call us at or contact us by email to arrange a free consultation with one of our experienced Lawrenceville bankruptcy lawyers today. At your first meeting, we will determine if you should file for bankruptcy and what information you will need to get started. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.

Confidential or time-sensitive information should not be sent through this form. Call the Firm Today Phone: Tony Taylor represented me in a very bitter modification of custody case and he did an excellent job and i was able to get full custody of my son. Several other issues also went in my favor as well. He is as good as there is I live in North Carolina and needed assistance with a traffic violation in the Atlanta area. I did not appear one time and we were able to resolve everything via email It's uncomfortable to write a review about my family situation. But what I did deeply appreciate is the amazing dedication to help us through the legal process in a professional and compassionate way.

I only wished that I had employed their services and had their insight earlier in the process to save the family from additional, unnecessary turmoil. You said you would take care of me and you did! I can't believe how good you were! When the trial started I was scared to death, but as I watched you in the courtroom I became confident and realized you had everything under control Stacy Garguilo is one of the best attorneys I have ever met. She is on top of her game. She can be blunt at times which I found it very helpful.