Thinking about filing for bankruptcy in Georgia? Make sure you know the Georgia bankruptcy laws before you file.
The two most common types of bankruptcy are Chapter 7 and Chapter 13. The type you file depends on a variety of financial factors involving your debts and assets. Regardless of whether you file Chapter 7 or Chapter 13 bankruptcy, it is in your best interest to speak with an experienced bankruptcy attorney before you file for bankruptcy in Georgia.
Also known as liquidation, Chapter 7 bankruptcy essentially “wipes the slate clean” for consumers by eliminating most of their debts. Before you can receive these benefits, however, you must first surrender all non-exempt property to a court-appointed trustee, who will then sell the confiscated items and apply any proceeds to your debts.
Fortunately, an attorney who is familiar with Georgia bankruptcy laws will know which types of property are non-exempt, so you may be able to keep certain items—such as your home or automobile—even if you file Chapter 7 bankruptcy.
You will need to pass a bankruptcy means test before you can file for Chapter 7 bankruptcy. To qualify, your yearly income must be less than the median income in Georgia. If your income exceeds this amount, your expenses may them be considered. To determine whether you meet these requirements, it is important to contact a bankruptcy attorney who is familiar with Georgia’s bankruptcy eligibility guidelines.
Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy does not completely eliminate your debts, but instead, works with your creditors to create a manageable repayment plan that allows you to pay off a portion of your debt over a span of three to five years. If there are any debts left over, they will be discharged once you’ve made all of the required payments.
To qualify for Chapter 13 bankruptcy, your repayment plan must first be approved by the court. An experienced bankruptcy attorney will not only help ensure that your repayment schedule is accepted, but also work with you to create a plan that is comfortable for your unique financial situation.
DISCLAIMER: GeorgiaBankruptcyLaws.Org HAS SUPPLIED THE INFORMATION ON THIS WEBSITE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION ON THIS WEBSITE MAY NOT BE 100% ACCURATE AND SHOULD NOT BE INTENDED AS LEGAL ADVICE. THE USE OF THIS WEBSITE DOES NOT CREATE A LAWYER-CLIENT RELATIONSHIP. HIRING A BANKRUPTCY ATTORNEY IS A VERY IMPORTANT DECISION. BEFORE HIRING AN ATTORNEY IT IS IMPORTANT TO ASK FOR WRITTEN AND VERIFIED INFORMATION ABOUT THE ATTORNEYS QUALIFICATIONS AND EXPERIENCE.