Seeking Bankruptcy in Georgia

Georgia’s State Budget in Shambles

The recession continues to wreak havoc on Georgia’s budget as tax collections and other state revenue sources plunge. As the state goes, so goes the populace. U. S. bankruptcies filed in 2008 hit record levels with over 61,000 in Georgia alone, and over 96% of those filed by consumers. It is estimated that 1.4 million consumer bankruptcies will be filed in the U.S. in 2009, the surge triggered by the foreclosure crisis and economic downturn.

Find Appropriate Georgia Legal Advice

The Federal Bankruptcy Law involves processes, procedures and evaluations which can be complex and confusing, including major revisions made in 2005. Seek the advice of a Georgia law firm with specific long-term experience in Georgia bankruptcy matters. Check references, if possible. A competent Georgia attorney will help you weigh your different options, make informed decisions, help you protect the security of your family and reduce your stress, while facing the realities of the situation.

Consumer Bankruptcy in Georgia

Chapter 7 is the “fresh start” chapter of the Bankruptcy Code and most commonly used. This filing results in a fair distribution of your available nonexempt property to creditors. Unsecured debts are generally discharged. Included in this process is a “means test”, used to determine your ability to pay your creditors, verifying whether Chapter 7 is appropriate or indicating that you should be filing Chapter 13.

Debts Which Generally Cannot be Discharged in Your Georgia Bankruptcy:

• Taxes owed to government agencies, such as the I.R.S., State of Georgia, County, etc.
• Student loans (unless undue hardship can be proved),
• Debts incurred after the bankruptcy is filed
• Debts owed to a spouse for divorce-related obligatory expenses
• Debts not listed or scheduled or which the debtor waived discharge
• Debts for willful and malicious injury by the debtor to another person or property owned by another

Paying Debts Outside of Your Georgia Bankruptcy

Certain debt payments may be considered preferential and the Georgia Bankruptcy Trustee carries “avoidance power” to overturn certain transfers or obligations made by the debtor prior to or during bankruptcy. Examples include:

• Property transferred or paid during relevant time period before bankruptcy
• Something passed from the bankruptcy to a creditor
• Payment occurred at a time when the bankrupt consumer/business was insolvent
• One creditor is given advantage over another creditor
• Creditor suspected or should have suspected that the bankrupt consumer/business was insolvent

• If you are at risk of filing for bankruptcy or already in the process, Submit Your Case for a Free Review from a Bankruptcy Attorney in Georgia.

Georgia Bankruptcy Law Firms

Georgians continue to suffer, as the State’s economy struggles to recover. If you are considering filing for bankruptcy in Georgia, decisions you make and actions you take now can have a positive or negative effect on the outcome of your bankruptcy proceedings. Although some filers elect to handle their bankruptcy on their own, The U.S. Bankruptcy Court cautions that “Bankruptcy has long-term financial and legal consequences -- hiring a competent attorney is strongly recommended.” Click here to find Georgia attorney resources in your area.

Contact Georgia Bankruptcy Attorneys

Contact our Attorneys to get more information about Bankruptcy in georgia.