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770-609-1247 | Chapter 7 Personal Bankruptcy

Call 770-609-1247 to Speak With an Experienced Cumming, Georgia Bankruptcy Attorney.

Quality of service and competence matters. We have over ten years of experience helping hundreds of people and businesses deal with crushing debt. Under the bankruptcy code you can obtain immediate debt relief. Let us help you.

Chapter 7 Personal Bankruptcy

In a personal Chapter 7 case you can file alone (as an individual) or jointly with your spouse (if married).  In a Chapter 7 personal bankruptcy case, our Cumming, Georgia bankruptcy lawyers can help guide you through the process of totally eliminating the obligation to pay (through the bankruptcy discharge) the following kinds of debts:

  • Credit Cards and Charge Cards
  • Store Charge Accounts
  • Doctor, Hospital, Medical, Dental Bills
  • Unsecured Personal Loans (examples: payday loans, installment loans, etc.)
  • Auto and Other Accident Claims
  • Federal & State Income Taxes (when certain qualifications are met)
  • Contractual Obligations (almost all contract obligations are dischargable in a successful bankruptcy case)
  • The majority of law suits and judgments (there are exceptions, but most are dischargable in a successful bankruptcy case)

Under Federal and Georgia law, the bankruptcy property exemption laws allow most people who file a Chapter 7 bankruptcy case to keep all of their personal assets, including their cars, automobiles, homes, retirement accounts and pensions. Under the Federal Chapter 7 bankruptcy laws, the Bankruptcy Trustee takes control of all property that is not protected under the Georgia’s bankruptcy exemption statute.

As described above, most people that file bankruptcy in Georgia will keep all of their property because it is protected by the Georgia bankruptcy exemptions laws. Also, most people that file a Chapter 7 bankruptcy case receive a discharge of all of their debts within four (4) months of the date the bankruptcy case is filed. However, complex cases may take longer for the filer to get a discharge; but our experience is that even the most complex cases usually end in a discharge of all debts. Starting the instant the case is filed and while waiting for the discharge, the bankruptcy automatic stay will protect the debtor (the person filing bankruptcy) from all collection activity by creditors unless a special order “lifting the automatic stay” is issued by the bankruptcy court.

Dischargeability of Debts

In a personal Chapter 7 bankruptcy, most debts – but not all are dischargable. Please review the lists below for more information on the dischargability of differing categories of debts.

Dischargeable Debts

The following debts are almost always dischargeble unless there is underlying fraud or other forbidden conduct giving rise to the debts.

  • Personal Loans Credit Cards and Charge Cards
  • Automobile Repossession Deficiencies
  • Auto Accident Claims
  • Medical, Dental, Doctor and Hospital Bills
  • Law Suit Judgments
  • Business Debts
  • Leases
  • Personal Guarantees
  • Negligence Claims
  • Tax penalties Over Three (3) Years Old
  • Income Taxes That Are Not Priority Taxes
  • Contract Obligations

Possibly Dischargeable Debts

So long as the creditor does not file an adversary proceeding and is successful in obtaining a favorable judgment.

  • Willful and malicious injuries to others – Also known As “intentional torts”
  • Embezzlement debts incurred by fraud or dishonesty
  • Debts arising from breach of fiduciary duty – defalcation
  • In some instances, debts intentionally left off of a bankruptcy petition

Non-Dischargeable Debts

The creditor does not have to take any action to make the following debts non-dischargble.

  • Income taxes that were due within three (3) years of the filing of the case
  • Trust Fund Taxes
  • Child support
  • Alimony or Spousal Support
  • Most property division claims pursuant to a divorce decree
  • Criminal fines and/or court ordered restitution
  • Accident claims involving intoxication
  • Penalties payable to the government that are not tax penalties
  • Student Loans (in rare instances, student loans can be ruled as dischargeable)
  • Debts listed in prior bankruptcy where the debtor was denied a discharge; However, there are some exceptions to this rule.
  • Taxes due for years where the tax return was not filed or filed within two (2) years

The list above does not include all possibly non-dischargble and always non-dischargeable debts. The law governing non-dischargable debts and list of non-dischargable debts is quite complicated. See 11 USC Section 523 for more information. Our Cumming, Georgia bankruptcy attorneys can explain what to expect in your own personal case in one of our free no-obligation consultations.

When filing a Chapter 7, there are several options you can choose from in the treatment of certain debts. You can redeem a loan, which means that as long as you can pay your creditor a certain portion of the debt, the US bankruptcy code will allow for the remaining portion to be discharged.  Or you can reaffirm your loan, which means that you agree in writing to continue to pay a portion or the entire balance of a loan following a discharge.  Commonly reaffirmed debts include automobile loans and mortgages.  Finally, there is also always the option to surrender an automobile or home to the creditors and totally discharge the debt.  This is usually the best option if you have difficulty making the payments in time or the loan is worth more than the value of the collateral (home or car).

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Other Offices Throughout the Atlanta Metro Area

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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