Augusta GA Bankruptcy Lawyer | Georgia Attorney

Richmond County, GA Bankruptcy discharge

2010-03-21T04:25:00.000-04:00

Richmond County, GA Bankruptcy discharge

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The individual may have secured debt and unsecured debt and how each of these is handled can vary from case-to-case. A debtor seeking protection under chapter 7 of the Federal Bankruptcy Code may have to relinquish a part of his or her goods in order to satisfy some of the debts owed to the creditors.

The usual grounds for denying a discharge to an individual debtor in Richmond County, GA include:
1. Failure of the debtor to keep or produce adequate books or financial records;
2. The debtor failed to explain satisfactorily any loss of assets;
3. The debtor committed a bankruptcy crime such as perjury;
4. The debtor failed to obey a lawful order of the bankruptcy court; or
5. The debtor fraudulently transferred, concealed, or destroyed property that would have become property of the estate.

The Chapter 13 debtor in Richmond County, GA is eligible to get a discharge upon successful completion of entire payments under the Chapter 13 plan. In exchange for the willingness of the Chapter 13 debtor to maintain the discipline of a repayment plan for 3 to 5 years, a broader discharge is granted under Chapter 13 than in a Chapter 7 case.
Usually, the individual in Richmond County, GA is discharged from all debts under the plan or debts that are disallowed, except for the following:
1. Some long-term obligations such as a home mortgage;
2. Alimony and Child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Richmond County, GA Chapter 20 Bankruptcy

2010-03-20T04:24:00.000-04:00

Richmond County, GA Chapter 20 Bankruptcy

Bankruptcy will discharge most of your debts. When a debt is discharged in bankruptcy, it is no longer enforceable against you personally. The debtor is no longer required to pay the debt, or the portion of the debt that has been discharged. You cannot be subject to collection activity on the debt, including being sued on the debt. Creditors can, however, take steps to seize any secured asset on which there is a valid lien that has not been discharged (or cleared) by the bankruptcy court. A bankruptcy discharge serves to erase the debt and give the debtor a fresh start financially. Some debts must still be cleared. It is a rather longish list, but these debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; non-dischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures. Bankruptcy does not free the debtor from debts incurred for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.

When a debtor files a “Chapter 7” bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments, it is referred to as a “Chapter 20” filing The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankruptcy law a Chapter 13 bankruptcy can be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to overcome this law by filing for Chapter 13 protection while the Chapter 7 petition is still pending. This option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should know that missing even a single mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their house in a later "Chapter 13" filing. Be warned: some judges and creditors see the move as a scam. Creditors have the right to oppose and the judge can dismiss the action. Some judges will allow the second filing, if there is a legitimate reason.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Chapter 11 Bankruptcy in Richmond County, GA

2010-03-19T04:23:00.000-04:00

Chapter 11 Bankruptcy in Richmond County, GA

Federal bankruptcy regulations decide how corporations in Richmond County, GA go out of business or recover from deep financial crisis. A bankrupt company may file under Chapter 11 of the US Bankruptcy Code to reorganize its business and attempt to become profitable again. Management continues to run the daily business operations, but all major business decisions must be approved by a bankruptcy court.

A debtor under Chapter 11 can enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured so as to allow the debtor to continue his operation of the business. In general any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 case in Richmond County, GA. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the filing of the bankruptcy proceeding. Under a typical reorganization plan, the debtor will restructure his debts. Such a plan will generally include the repayment of loans secured by real property to be paid over an extended period of time. Intermediate term loans will be proposed to be paid over the remaining useful life of the security, which is typically five to ten years.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Bankruptcy and Tax in Richmond County, GA

2010-03-18T04:22:00.000-04:00

Bankruptcy and Tax in Richmond County, GA

When you are an individual debtor in Richmond County, GA filing for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , an independent ‘‘estate’’ is established comprising of assets that belonged to you prior to the filing date. The bankruptcy estate will be a new taxable entity, completely independent from you as an individual taxpayer.

There is no penalty for failure to pay tax, including failure to pay estimated tax, will not be imposed for any period during which a title 11 bankruptcy case is pending provided:
1. The tax was incurred before the earlier of the order for relief or (in an involuntary case) the appointment of a trustee, and
2. The bankruptcy petition was filed before the due date for the tax return (including extensions) or the date for imposing the penalty occurs on or after the day the bankruptcy case was filed.

The relief from the failure-to-pay penalty is not applicable to any penalty for failure to pay or deposit tax withheld or collected from others and required to be paid over to the United States government. It does not apply to any penalty for failure to timely file a return.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Richmond County, GA Chapter 11 and 13

2010-03-17T04:21:00.000-04:00

Richmond County, GA Chapter 11 and 13

A debtor under Chapter 11 in Richmond County, GA can enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured so as to allow the debtor to continue his business operation. In general any partnership, corporation or limited liability entity except a governmental unit can be a debtor in a Chapter 11 proceeding. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the filing of the bankruptcy case. Under a typical reorganization agreement, the debtor will restructure the debts. Such a plan will generally include the repayment of loans secured by real estate to be paid over an extended period of time. Intermediate term loans are generally proposed to be paid over the remaining useful life of the collateral, which is generally five to ten years.

Chapter 13 bankruptcy filing in Richmond County, GA permits the individual debtor to pay down his debts, either the entire amount or a part of it, with the help of a payment plan under the supervision of the court. Debtors filing under this chapter can keep their possessions with them while they follow the plan or after they have cleared the required portion of debt. It involves the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors.

A chapter 13 bankruptcy is also called a wage earner's plan. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 is especially for individuals with regular income who want to clear their debts but are unable to do so in a timely way. The purpose of Chapter 13 is to enable financially distressed individual debtors to design and work out a repayment plan under which the debts are paid off over an extended period of time usually three to five years. The creditors are forbidden from starting or continuing collection efforts during this time.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Richmond County, GA Chapter 11

2010-03-16T04:21:00.000-04:00

Richmond County, GA Chapter 11

Federal bankruptcy laws decide how companies go out of business or recover from deep financial crisis. A bankrupt company can file under Chapter 11 of the Federal Bankruptcy Code to reorganize its activities and try to become profitable again. Management continues to run the day-to-day business operations, but all important business decisions must be approved by a bankruptcy court.

If the debtor owns a business or corporation n Richmond County, GA Chapter 11 is a reorganization proceeding to consider. There are certain circumstances you must meet. Some individual debtors whose debts are larger than the limits of Chapter 13 can file Chapter 11. In Chapter 11, the debtor generally remains in possession of assets and continues to operate any business, subject to the oversight of the court and the creditors committee. You propose a plan of reorganization to the creditors, who vote on it. If accepted by the majority, the court will confirm the plan and it becomes binding on the debtor and the creditors. Plans can provide for repayment from future income or sales of some or all of the assets.

In chapter 11 cases in Richmond County, GA the United States trustee, a federal employee, will not function as a case trustee, who is often a private individual. The US trustee is responsible for monitoring all chapter 11 cases and has authority to appear and be heard on any issue in any case, but may not submit a plan. The case trustee, however, is responsible for management of the property of the estate, management of the debtor's business, and, if required, the filing of a plan of reorganization. Section 1106 of the US Code authorizes the trustee to file a plan "as soon as practicable" or, alternatively, to submit a report demonstrating the reasons a plan will not be submitted or to recommend that the proceeding be converted to another chapter or dismissed.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Medical Bills and Bankruptcy in Richmond County, GA

2010-03-15T04:20:00.000-04:00

Medical Bills and Bankruptcy in Richmond County, GA

Medical bills from a temporary illness or bills due to chronic medical problems push many individuals to the edge of financial downfall in Richmond County, GA. Even in situations where people have the best medical insurance available, taking time off of job and loss of earnings can strain a person's finances. If you have huge medical bills, filing a Chapter 7 Bankruptcy can discharge your medical bills completely. If the bankruptcy means test shows you qualify to file for Chapter 7, it will permit you to discharge medical bills, hospital charges, doctor bills, medical collections, dental bills, as well as most type of medical debt. Medical bills are treated as unsecured debts, and are treated in bankruptcy just like credit cards. As such, medical bills can be totally discharged in a Chapter 7 Bankruptcy.

Filing a bankruptcy proceeding in Richmond County, GA prevents creditors from taking action against the debtor. What prohibits creditors from acting is the automatic stay - an injunction issued by the court as soon as you file the case. The automatic stay continues until the case is over. On motion, and after a hearing before the bankruptcy judge, a creditor can get an order for relief from the stay. An order for relief from the automatic stay allows a creditor to take certain permitted actions, which will be spelled out in the order, to collect a debt against the debtor.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Richmond County, GA Bankruptcy Lawyer

2010-03-14T04:19:00.000-04:00

Richmond County, GA Bankruptcy Lawyer

The bankruptcy attorney’s job in Richmond County, GA is difficult, and a lot of responsibility for ensuring checks is put on the lawyer. The lawyer’s signature certifies that the petition has been reasonably inspected, and the proceeding does not abuse the bankruptcy process. The lawyer should also confirm that the proceeding is acceptable under the existing law or that it is a good faith argument for the extension/modification of the existing law. If there is a violation, the lawyer fees and the debtor cost can be calculated and made payable to the trustee.

You initial consultation with your bankruptcy lawyer in Richmond County, GA is usually free. At the initial meeting, you must frankly explain your situation to the attorney and try to determine if you are comfortable with the attorney and their staff. At the same time the attorney will give you feedback on your situation and your options available.

When talking with the lawyer in Richmond County, GAcheck how long he or she has been in practice, what the specifics of their specialization are, approximately how many cases they have handled and what your expectations should be from the lawyer in terms of representation. Also check if the attorney will be personally attending to your case and that it will not be passed on to a junior attorney or staff. Ask as all questions as you need and ensure that you are comfortable with the fact that you are appointing him as your bankruptcy attorney.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Richmond County, GA Bankruptcy Chapters 11 and 13

2010-03-13T04:18:00.000-05:00

Richmond County, GA Bankruptcy Chapters 11 and 13

An ordinary person may file under chapter 11 in Richmond County, GA but, the provisions of chapter 11 are usually availed to reorganize a business. Chapter 11 allows the debtor to manage its business through a plan of reorganization, that must meet certain legal requirements. By legislating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it may continue to operate, provide its employees with jobs, pay its creditors, and produce a return for its stockholders.

If the bankruptcy means test says that you cannot file for Chapter 7 Bankruptcy in Richmond County, GA you can instead select to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court supervised payment plan that will allow you to retain your most important assets while repaying the debts over time. If you file for Chapter 13 Bankruptcy you may be able to substantially reduce your medical bills. Chapter 13 will permit you to pay off the medical bills over a 3 to 5 year period of time depending on your disposable income. Quite often, Chapter 13 Bankruptcy compels unsecured creditors such as medical providers, hospitals, and doctor’s to accept pennies on the dollar.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Richmond County, GA Bankruptcy

2010-03-12T04:13:00.000-05:00

Richmond County, GA Bankruptcy

Bankruptcy case in Richmond County, GA starts with the filing of a petition with the bankruptcy court. The filing of the petition establishes a bankruptcy estate, which usually consists of all the assets of the person filing the bankruptcy petition. An independent taxable entity is created when the bankruptcy petition is filed by an individual under chapter 7 or chapter 11 of the US Bankruptcy Code.

The bankruptcy petition is a document that begins the bankruptcy process. A petition can be a voluntary petition, that is filed by the debtor, or it can be an involuntary petition, which is filed by creditors that meet certain requirements. A voluntary petition must be as provided in Form 1 of the Official Forms prescribed by the Judicial conference of the United States. The Official Forms can be obtained at legal stationary stores.

The documentation necessary at the time of filing for bankruptcy in Richmond County, GA has increased. For example, you must provide additional information that details all income and expenses. When the expenses are more than the IRS allowance, a special circumstances document has to be submitted which reasons the necessity of the additional expense incurred. A statement of accuracy should also be submitted, together with these special circumstance documents.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Bankruptcy discharge

2010-03-11T06:03:00.000-05:00

Evans, Georgia Bankruptcy discharge

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The individual can have secured debt as well as unsecured debt and how each of these is dealt with can change from case-to-case. A debtor seeking protection under chapter 7 of the Federal Bankruptcy Code may have to surrender a part of their personal property in order to satisfy some of the debts owed to the creditors.

The usual grounds for denying a discharge to an individual debtor in Evans, Georgia include:
1. Debtor’s failure to keep or produce adequate books or financial records;
2. The debtor failed to explain satisfactorily any loss of assets;
3. The debtor is guilty of a bankruptcy crime such as perjury;
4. The debtor failed to obey a lawful order of the bankruptcy court; or
5. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.

The Chapter 13 debtor in Evans, Georgia is entitled to get a discharge upon successful completion of all payments under the Chapter 13 plan. In exchange for the willingness of the Chapter 13 debtor to maintain the discipline of a repayment plan for three to five years, a wider discharge is available under Chapter 13 than in a Chapter 7 case.
Usually, the debtor in Evans, Georgia is discharged from all debts under the plan or debts that are rejected, except for the following:
1. Certain long-term obligations such as a home mortgage;
2. Alimony and Child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Chapter 20 Bankruptcy

2010-03-10T06:02:00.000-05:00

Evans, Georgia Chapter 20 Bankruptcy

Bankruptcy will discharge most of your debts. A debt discharged in bankruptcy is no longer enforceable against you personally. The debtor is no longer required to pay the debt, or the portion of the debt that has been discharged. You cannot be subject to collection activity on the debt, including being sued on the debt. Creditors can, however, move to seize any collateral on which there is a valid lien that has not been avoided (or cleared) by the bankruptcy court. A bankruptcy discharge serves to erase the debt and give the debtor a new start financially. Some debts must still be cleared. It is a rather lengthy list, but these debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; non-dischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures. It does not discharge the debtor from debts incurred for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.

When a debtor files a “Chapter 7” bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments, it is referred to as a “Chapter 20” filing The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by setting limits on the filing of successive bankruptcies. Under current bankruptcy law a Chapter 13 bankruptcy can be filed only once in two years, and three years must be over after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Few debtors attempt to overcome this law by filing for Chapter 13 protection while the Chapter 7 petition is still pending. This option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even a single mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a later "Chapter 13" filing. Be warned: certain judges and creditors see the move as a scam. Creditors have the right to object and the judge can dismiss the action. Some judges will allow the second filing, if there is a legitimate reason.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Chapter 11 Bankruptcy in Evans, Georgia

2010-03-09T06:02:00.000-05:00

Chapter 11 Bankruptcy in Evans, Georgia

Federal bankruptcy laws decide how companies in Evans, Georgia go out of business or recover from crippling financial crisis. A bankrupt company might file under Chapter 11 of the US Bankruptcy Code to reorganize its activities and attempt to become profitable again. Management continues to run the routine business operations, but all major business decisions have to be approved by a bankruptcy court.

A debtor under Chapter 11 can enter into an agreement with creditors under which all or a part of the business continues. The business’s debts are restructured so as to allow the debtor to continue the business operation. Basically any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 case in Evans, Georgia. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the filing of the bankruptcy proceeding. Under a typical reorganization plan, the debtor will restructure his debts. Such a plan will generally provide for the repayment of loans secured by real estate to be paid over an extended time. Intermediate term loans are generally proposed to be paid over the remaining useful life of the security, which is generally five to ten years.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Bankruptcy and Tax in Evans, Georgia

2010-03-08T06:01:00.000-05:00

Bankruptcy and Tax in Evans, Georgia

If you are an individual debtor in Evans, Georgia who files for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , an independent ‘‘estate’’ is created consisting of assets that belonged to you prior to the filing date. The bankruptcy estate is a new taxable entity, totally separate from you as an individual taxpayer.

A penalty for failure to pay tax, including failure to pay estimated tax, will not be imposed for any period during which a title 11 bankruptcy case is pending if:
1. The tax was incurred before the earlier of the order for relief or (in an involuntary case) the appointment of a trustee, and
2. The bankruptcy petition was filed before the due date for the tax return (including extensions) or the date for imposing the penalty occurs on or after the day the bankruptcy case was filed.

The relief from the failure-to-pay penalty does not apply to any penalty for failure to pay or deposit tax withheld or collected from others and required to be paid over to the US government. Nor does it apply to any penalty for failure to timely file a return.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Chapter 11 and 13

2010-03-07T06:00:00.000-05:00

Evans, Georgia Chapter 11 and 13

A debtor under Chapter 11 in Evans, Georgia can enter into an agreement with creditors under which all or a part of the business continues. The business’s debts are restructured so as to allow the debtor to continue the business operation. In general any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 case. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the initiation of the bankruptcy case. Under a typical reorganization plan, the debtor attempts to restructure the debts. Such a plan will generally provide for the repayment of loans secured by real estate to be paid over an extended period of time. Intermediate term loans are generally proposed to be paid over the remaining useful life of the collateral, which is typically five to ten years.

Chapter 13 bankruptcy filing in Evans, Georgia permits the individual debtor to pay down his debts, either whole or a part of it, under a payment plan under the supervision of the court. Debtors filing under this chapter can retain their assets with them while they stick to the plan or after they have cleared the required portion of debt. This chapter involves the rehabilitation of the debtor to allow the debtor to use future earnings to pay off debts.

A chapter 13 bankruptcy is also known as a wage earner's plan. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 is especially for individuals with regular income who want to clear their debts but are unable to do so in a timely method. The purpose of this chapter is to enable financially distressed individual debtors to design and work out a repayment plan under which the debts are paid off over an extended period of time usually three to five years. During this time the law forbids creditors from starting or continuing collection efforts.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Chapter 11

2010-03-06T05:59:00.000-05:00

Evans, Georgia Chapter 11

Federal bankruptcy regulations determine how companies go out of business or recover from crippling debt. A bankrupt corporation might file under Chapter 11 of the Federal Bankruptcy Code to reorganize its activities and attempt to become profitable again. The company continues to run the day-to-day business activities, but all major business decisions should be approved by a bankruptcy court.

If the debtor owns a business or corporation n Evans, Georgia Chapter 11 is a reorganization proceeding that should be considered. There are certain requirements the debtor have to meet. Some individual debtors whose debts are larger than the limits of Chapter 13 may file Chapter 11. In Chapter 11, the debtor usually continues in possession of assets and continues to operate any business, subject to the oversight of the court and the creditors committee. You propose a plan of reorganization to the creditors, who vote on it. If the majority accept it, the court will confirm the plan and it becomes binding on you and your creditors. Plans may call for repayment from future income or sales of some or all of the assets.

In chapter 11 proceedings in Evans, Georgia the United States trustee, a federal employee, will not function as a case trustee, who is usually a private individual. The United States trustee is responsible for monitoring all chapter 11 proceedings and has mandate to appear and be heard on any issue in any case, but can not file a plan. The case trustee, however, is responsible for management of the assets of the estate, management of the debtor's business, and, if necessary, the filing of a plan of reorganization. Section 1106 of the United States Code mandates the trustee to file a plan "as soon as practicable" or, alternatively, to submit a report detailing why a plan will not be filed or to recommend that the case be converted to another chapter or dismissed.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Medical Bills and Bankruptcy in Evans, Georgia

2010-03-05T05:58:00.000-05:00

Medical Bills and Bankruptcy in Evans, Georgia

Medical bills from a temporary illness or bills due to chronic health problems push many people to the edge of financial downfall in Evans, Georgia. Even in situations where people have the best medical insurance available, taking time off of employment and loss of income can adversely affect a person's finances. When you have huge medical bills, filing a Chapter 7 Bankruptcy can get rid of your medical bills completely. If the bankruptcy means test shows you qualify to file for Chapter 7, it will allow you to get rid of medical bills, hospital charges, doctor bills, medical collections, dental bills, and also most type of medical debt. Medical bills are treated as unsecured debts, and will be considered in bankruptcy just like credit cards. Therefore, medical bills can be totally eliminated in a Chapter 7 Bankruptcy.

Filing a bankruptcy proceeding in Evans, Georgia prohibits creditors from initiating action against the debtor. What prohibits creditors from taking steps is the automatic stay - an injunction passed by the court as soon as the case is filed. The automatic stay remains in effect until the case is complete. On motion, and after a hearing before the bankruptcy judge, a creditor can obtain an order for relief from the stay. An order granting relief from the automatic stay permits a creditor to take certain permitted actions, which will be listed in the order, to collect a debt against you.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Bankruptcy Lawyer

2010-03-04T05:58:00.000-05:00

Evans, Georgia Bankruptcy Lawyer

The bankruptcy lawyer’s job in Evans, Georgia is difficult, and a lot of responsibility for ensuring checks is put on the lawyer. The attorney’s signature certifies that the petition has been properly inspected, and the proceeding is not an abuse of the bankruptcy process. The lawyer must also confirm that the proceeding is acceptable under the current law or that it is a good faith argument for the extension/modification of the current rules. If there is a violation, the lawyer fees and the debtor cost can be determined and made payable to the trustee.

You initial meeting with your bankruptcy attorney in Evans, Georgia is usually free. During the initial meeting, you should honestly explain your situation to the lawyer and try to determine if you are comfortable with the attorney and their staff. At the same time the attorney will provide you with feedback on your situation and the options available.

When meeting with the lawyer in Evans, Georgiafind out how long he or she has been in practice, what the specifics of their specialization are, approximately how many cases they have handled and what your expectations should be from the lawyer in terms of representation. Also find out whether the lawyer will be personally appearing in your case and that it will not be passed on to a junior attorney or paralegal. Ask as many questions as you need and ensure that you are comfortable with the fact that you are appointing him as your bankruptcy attorney.

---------------------
We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Bankruptcy Chapters 11 and 13

2010-03-03T05:57:00.000-05:00

Evans, Georgia Bankruptcy Chapters 11 and 13

An ordinary person can file under chapter 11 in Evans, Georgia however, the provisions of chapter 11 are mostly availed to reorganize a business. Chapter 11 allows the debtor to operate its business by means of a plan of reorganization, that should fulfill certain legal requirements. By legislating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it can continue to operate, provide employment, pay its creditors, and provide a return for its stockholders.

If the bankruptcy means test dictates that you cannot file for Chapter 7 Bankruptcy in Evans, Georgia you may instead opt to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court supervised repayment plan which can allow you to keep your most important property while repaying your debts over a period of time. If you file for Chapter 13 Bankruptcy you may be able to substantially lower your medical bills. Chapter 13 can allow you to pay off the medical bills over a 3 to 5 year period of time depending on your disposable income. Many times, Chapter 13 Bankruptcy compels unsecured creditors such as medical providers, hospitals, and doctor’s to accept pennies on the dollar.

---------------------
We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Evans, Georgia Bankruptcy

2010-03-02T05:55:00.000-05:00

Evans, Georgia Bankruptcy

Bankruptcy case in Evans, Georgia begins with the filing of a petition in the bankruptcy court. The filing of the petition creates a bankruptcy estate, that usually consists of all the assets of the person filing the bankruptcy petition. An independent taxable entity is created if the bankruptcy petition is submitted by an individual under chapter 7 or chapter 11 of the US Bankruptcy Code.

A bankruptcy petition is a document that initiates the bankruptcy process. A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary one, which is filed by creditors that meet certain criteria. The voluntary petition should be as provided in Form 1 of the Official Forms prescribed by the Judicial conference of the United States. The Official Forms may be purchased at legal stationary stores.

The documentation required at the time of filing for bankruptcy in Evans, Georgia has increased. For instance, you should provide additional information that details all income and expenses. In cases where the expenses exceed the IRS allowance, a special circumstances document must be submitted which details the necessity of the extra expense incurred. A statement of accuracy should also be submitted, along with these special circumstance documents.

---------------------
We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Columbia County, GA Bankruptcy discharge

2010-03-01T05:07:00.000-05:00

Columbia County, GA Bankruptcy discharge

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The debtor can have secured debt as well as unsecured debt and how each of these is handled can differ from case-to-case. A debtor seeking protection under chapter 7 of the US Bankruptcy Code may have to surrender a portion of his or her property in order to satisfy some of the debts owed to the creditors.

The common grounds for denying a discharge to an individual debtor in Columbia County, GA include:
1. Debtor’s failure to keep or produce adequate books or financial records;
2. Failure of the debtor to explain satisfactorily any loss of assets;
3. The debtor is guilty of a bankruptcy crime such as perjury;
4. The debtor failed to obey a lawful order of the bankruptcy court; or
5. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.

The Chapter 13 debtor in Columbia County, GA is eligible to obtain a discharge on successful completion of all payments under the repayment plan. In return for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for three to five years, a broader discharge is granted under Chapter 13 than in a Chapter 7 case.

As a general rule, the debtor in Columbia County, GA is discharged from all debts under the plan or debts that are disallowed, except for the following:
1. Certain long-term obligations such as a home mortgage;
2. Debts for alimony or child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.

---------------------
We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Columbia County, GA Chapter 20 Bankruptcy

2010-02-28T05:06:00.000-05:00

Columbia County, GA Chapter 20 Bankruptcy

Bankruptcy will discharge most of your debts. A debt discharged in bankruptcy is no longer enforceable against you personally. The debtor is no longer required to pay the debt, or the portion of the debt that has been discharged. You cannot be subject to collection activity on the debt, including being sued on the debt. Creditors can, however, move to seize any secured asset on which there is a valid lien that has not been discharged (or cleared) by the bankruptcy court. A bankruptcy discharge serves to erase the debt and give the debtor a new start financially. Some debts must still be cleared. It is a rather longish list, but these debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; non-dischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures. It does not free the debtor from debts incurred for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.

When a debtor files a “Chapter 7” bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments, it is referred to as a “Chapter 20” filing The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by setting limits on the filing of successive bankruptcies. Under existing bankruptcy law a Chapter 13 bankruptcy may be filed only once in two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors try to overcome this law by filing for Chapter 13 protection while the Chapter 7 petition is still pending. This option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even a single mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their house in a subsequent "Chapter 13" filing. Be careful: some judges and creditors see the move as a scam. Creditors have the right to object and the judge can toss the action. Few judges will allow the second filing, if there is a legitimate reason.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Chapter 11 Bankruptcy in Columbia County, GA

2010-02-27T05:05:00.000-05:00

Chapter 11 Bankruptcy in Columbia County, GA

Federal bankruptcy laws govern how companies in Columbia County, GA go out of business or recover from deep debt. A bankrupt corporation may file under Chapter 11 of the Federal Bankruptcy Code to reorganize its business and try to become profitable again. Management continues to run the daily business operations, however all major business decisions should be approved by a bankruptcy court.

A debtor under Chapter 11 can enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured so as to allow the debtor to continue the operation of the business. In general any partnership, corporation or limited liability entity except a governmental unit can be a debtor in a Chapter 11 proceeding in Columbia County, GA. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the initiation of the bankruptcy proceeding. Under a typical reorganization plan, the debtor will restructure the debts. Such a plan will generally provide for the repayment of loans secured by real property to be paid over an extended time. Intermediate term loans will be proposed to be paid over the remaining useful life of the collateral, which is generally five to ten years.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Bankruptcy and Tax in Columbia County, GA

2010-02-26T05:04:00.000-05:00

Bankruptcy and Tax in Columbia County, GA

When you are an individual debtor in Columbia County, GA who files for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , a separate ‘‘estate’’ is created comprising of assets which belonged to you prior to the date of filing. The bankruptcy estate will be a new taxable entity, completely independent from you as an individual taxpayer.

There is no penalty for failure to pay tax, including failure to pay estimated tax, will not be imposed for any period during which a title 11 bankruptcy case is pending provided:
1. The tax was incurred prior to the earlier of the order for relief or (in an involuntary case) the appointment of a trustee, and
2. The bankruptcy case was filed before the due date for the tax return (including extensions) or the date for imposing the penalty occurs on or after the day the bankruptcy petition was filed.

The relief from the failure-to-pay penalty does not apply to any penalty for failure to pay or deposit tax withheld or collected from others and required to be paid over to the US government. It does not apply to any penalty for failure to timely file a return.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.

Columbia County, GA Chapter 11 and 13

2010-02-25T05:03:00.000-05:00

Columbia County, GA Chapter 11 and 13

Chapter 11 bankruptcy in Columbia County, GA allows a debtor to enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured to permit the debtor to continue the business operation. Basically any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 proceeding. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the filing of the bankruptcy case. Under a typical reorganization agreement, the debtor will restructure his debts. Such a plan will generally include the repayment of loans secured by real estate to be paid over an extended time. Intermediate term loans are generally proposed to be paid over the remaining useful life of the security, which is generally five to ten years.

Chapter 13 bankruptcy filing in Columbia County, GA allows the individual debtor to pay down his debts, either the entire amount or a part of it, using a payment plan under the supervision of the court. Debtors filing under this chapter can keep their assets with them while they stick to the plan or after they have paid off the required portion of debt. This chapter involves the rehabilitation of the debtor to let the debtor to use future earnings to pay off debts.

A chapter 13 bankruptcy is also known as a wage earner's plan. Under this chapter, debtors set up a repayment plan to make installments to creditors over three to five years. Chapter 13 is designed for individuals with regular income who want to pay their debts but are unable to do so in a timely way. The purpose of Chapter 13 is to allow financially distressed individual debtors to design and work out a repayment plan under which the debts are paid off over an extended period of time generally three to five years. During this time the law forbids creditors from starting or continuing collection efforts.

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We are Augusta GA bankruptcy lawyer | Georgia attorney that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.