Is Chapter 13 bankruptcy available to protect a person who is behind on child support or alimony payments and has been jailed or is facing an attempt to jail him or her? State court judges have the power to sanction a person for contempt of court for failing to comply with state court Orders requiring support payments and can arrest and have that person placed in jail.
Filing a Chapter 13 case creates an “automatic stay”, like a protective shield, which stops most collection activity by a creditor. Once a Chapter 13 case is filed, does the jailing or any continued jailing violate the protection of the “stay”? In Georgia, the answer can be yes! If the state court judge’s Order sanctioning the person for contempt contains a “purge amount”, that is, requires the payment of a dollar amount to get out of jail, then the Order is a civil contempt Order and is a collection activity stopped by the “stay”. On the other hand, if the Order contains no “purge amount”, the Order is a criminal contempt Order and is not stopped by the “stay”. A Jeff Field & Associates attorney can help you sort this out.
At Jeff Field & Associates, we are aware that the filing of a Chapter 13 case may not only provide an opportunity to get out of jail but also provides an opportunity to provide a repayment plan to deal with any past due payments and to deal with future payments as they come due. Bottom line: Jeff Field & Associates attorneys have successfully handled these cases and can advise you or your domestic relations attorney of the protection available to you in a Chapter 13 case.
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5.0/5.0Great experience from start to finish. The process was smooth and stress-free, and Ms. Connie was amazing throughout—very helpful, professional, and supportive. I truly appreciate all the guidance and would highly recommend this firm.
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I'm just finishing up 5 years of bankruptcy, and I honestly don't know how I would've done it without this Group. Everyone was super professional every time I reached out with questions, and they were always there to answer them. I eve...
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5.0/5.0
Starting the process of bankruptcy can seem scary. However, working with Jeff Field & Associates made it very easy. They explained everything so clearly and helped my spouse and I, walk through every step of the process. Definitely recommend!
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I highly recommend them the did a great job with my case and made the steps very easy they worked with me every step of the way on completing all my paperwork highly recommended them
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5.0/5.0
A few months ago, I had to file for bankruptcy, and this team made the whole process so smooth. They answered every single question I had and walked me through everything step by step. Honestly, all I had to do was sit back and let them handle it; Th...
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