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Harvey Wurie

Georgia Bankruptcy FAQ

Most Frequent Questions And Answers regarding filing for bankruptcy in Georgia.

Court order domestic support (child support or alimony); delinquent beyond four years, which were not filed timely; student loans are not typically eliminated through bankruptcy.

In Chapter 13, absolutely. 

In Chapter 7, if your house has equity, under certain circumstances, the trustee may seek court approval to sell the house. For a more comprehensive evaluation, contact us at 770-336-7623.

Every individual who files bankruptcy has to attend a 341(a) meeting with their assigned trustee. However, after this hearing, individuals are rarely required to attend any other court hearing. 

Chapter 7 lasts between 5-6 months, unless complications arise. 

 

Generally, Chapter 13 lasts between 3 -5 years; every case can end once all debts listed in the case are paid in full.

Everyone that files a bankruptcy takes a pretty large initial credit score hit; this is supposed to be the greatest deterrent for preventing individuals, who do not necessarily need bankruptcy from filing.  

However, your credit score will improve after your case ends, because you will have eliminated all of your debts.

Yes, creditors are prohibited from contacting you once you file your bankruptcy.

Most mortgage companies will require you to been discharged for two years, before applying for a mortgage. Additionally, you will need to have close to a 620 credit score. VA loans are different, and you may approved shortly after completing your bankruptcy.  

Married couples are allowed to file jointly, but your spouse is not required to file. 

Chapter 7  is a liquidation bankruptcy.

Chapter 9 is for municipalities.

Chapter 11 is for businesses. 

Chapter 12 is for family farmers and fishermen.

Chapter 13 is a consumer bankruptcy,and is a repayment plan for individuals with regular monthly income.

Chapter 15 is a cross-border bankruptcy; it adopts and implements the United Nations’ Model Law on Cross Border Insolvency.

 

There is no age limit to file, but some states may require that an individual be at least 18 years old.

Bankruptcy is a matter of public record; this means that anyone who can access the court records online, or call the court can obtain details about your case.

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