By Jeff Field | Published January 31, 2023 | Posted in Bankruptcy, Chapter 7 | Tagged Tags: means test | Leave a comment
To qualify for Chapter 7 bankruptcy, most people must pass the means test, which looks at their income, expenses and family size to determine if they have any disposable income that could be used to repay debts. Passing the means test often requires making optimal use of allowable expense deductions. The first step in the Read More
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When your wages, bank accounts and other funds you use for essential expenses are seized to pay overdue debt, the results can be devastating. For example, a wage or bank garnishment may leave you without enough money for your car payment. If the car is then repossessed and you are without transportation, you risk losing Read More
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The myth that you lose everything if you file for bankruptcy is exactly that, a myth. In reality, bankruptcy filers in Georgia usually get to keep most or all of their important items by declaring them exempt from creditors under state law. If an item qualifies for an exemption, the item cannot be taken by Read More
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If you’re contemplating filing for bankruptcy, you may be worried that it will be a hard process that takes a long time to get through. As experienced Georgia bankruptcy lawyers, we’re here to tell you there is no reason to panic. Yes, bankruptcy can be a complex process, but you have the ability to do Read More
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Some bankruptcy filers attempt to shield some of their assets by transferring them to other people. They give away assets or sell them at nominal prices to family members, or friends. Unfortunately, moving assets around shortly before filing for bankruptcy can be deemed fraudulent transfers or fraudulent conveyances. They can be discovered and undone by Read More
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In a Chapter 13 Bankruptcy, also known as reorganization, the debtor agrees to a court-approved plan to repay a portion of his or her outstanding debts. Eligible creditors are paid specified amounts over the life of the plan, which is three to five years. However, in devising Chapter 13 plans, there are many opportunities for Read More
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Credit card debt is one of the financial issues that can push a borrower into filing for bankruptcy. However, federal law allows a creditor to challenge discharge of a particular debt by claiming it was obtained by “false pretenses, false representation, or actual fraud.” Credit card companies have two primary strategies for raising such challenges. Read More
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Married couples often file joint bankruptcy petitions. In many cases it makes perfect sense for both spouses to liquidate (Chapter 7 bankruptcy) or reorganize (Chapter 13 bankruptcy) their debts. However, it is possible for only one spouse to declare bankruptcy and under certain circumstances, it is in the couple’s best interests to do so. One Read More
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Individuals filing for bankruptcy have the right to represent themselves. Some people are tempted to do so, reasoning that bankruptcy consists of simply filling out forms. However, in most cases, going into bankruptcy without an attorney is a risky course of action. According to recent statistics, people who file Chapter 7 bankruptcy petitions through legal Read More
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The purpose of bankruptcy is to give financially overwhelmed individuals a fresh start and the chance to repair their credit. Many types of consumer debts can be discharged (canceled) in bankruptcy, including personal loans, medical bills, past due utility charges and, quite commonly, credit card accounts. In fact, much of the debt in Chapter 7 Read More
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