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Georgia Personal Bankruptcy

Georgia Personal BankruptcyIf you are struggling to pay your bills, you may be considering bankruptcy. In Georgia, personal bankruptcy is the process of declaring yourself legally unable to repay your outstanding debts. Once you file bankruptcy, the majority of your debt will be reduced or completely eliminated. 

Depending on your specific financial situation, you will either file Chapter 7 or Chapter 13 bankruptcy. Although both forms are designed to help individuals financially, there is one major difference between these two forms of Georgia personal bankruptcy: your repayment obligation.

If you file Chapter 7 bankruptcy, most of your debts will be eliminated and you will not be required to repay your creditors. Commonly referred to as liquidation, Chapter 7 bankruptcy requires you to surrender any nonexempt personal property that you own. Although most of your property will most likely be exempt from liquidation, these exemptions are not automatically granted—you must claim them when you first file for bankruptcy.

Because federal eligibility requirements limit the amount of income you can make if you want to file Chapter 7 bankruptcy, Chapter 13 bankruptcy is another option you may need to consider. Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy does not involve liquidation and, in most cases, you will not have to surrender any property. However, unlike Chapter 7 bankruptcy, you must repay your debts if you file Chapter 13 bankruptcy.

Chapter 13 bankruptcy restructures your debt through a manageable repayment plan. Once you submit all of the required paperwork, you will work with your creditors to create a repayment plan that is comfortable for both parties. Over the course of three to five years, you will then pay back a portion of the debt you owe. Any outstanding debt will be voided after you have made all of the required payments.

Regardless of which type of Georgia personal bankruptcy you file, it is important to understand the impact it will have on your future. The bankruptcy will remain on your credit report for ten years and, although you will be able to obtain credit, it will most likely affect the interest rates and credit limits you are given.   

Because filing personal bankruptcy has consequences, you should seek legal counsel before you decide to file for Chapter 7 or Chapter 13 bankruptcy. An experienced attorney will review your options with you and make sure you make the right decision.
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