Chapter 13 bankruptcy – What is it and how does it work?

Chapter 13 bankruptcy – What is it and how does it work?

There are typically 2 types of bankruptcies an individual can file. The first and most common is a chapter 7 bankruptcy, which typically only lasts 4 months. The other option is a chapter 13. A chapter 13 bankruptcy can last 3-5 years, depending on a few factors. It...
Can My Student Loan Debts be discharged in Bankruptcy?

Can My Student Loan Debts be discharged in Bankruptcy?

I often get asked about student loans and bankruptcy. Can the student loans be discharged in a chapter 7 or a chapter 13 bankruptcy? The answer may surprise you. They can be discharged in a chapter 7 but the debtor has a very heavy burden to proof that the student...
Do I qualify for a Chapter 7 Bankruptcy?

Do I qualify for a Chapter 7 Bankruptcy?

It’s an easy question to ask but it can be a very difficult question to answer, even for an experienced bankruptcy attorney. So how do you qualify for a chapter 7 bankruptcy? The easiest answer is that you will qualify if, after all of your required household expenses...
The New Georgia Bankruptcy Exemptions are Better, but Still Inferior to Federal Bankruptcy Exemptions

The New Georgia Bankruptcy Exemptions are Better, but Still Inferior to Federal Bankruptcy Exemptions

The last three years have brought great changes to the Georgia Bankruptcy exemptions. Bankruptcy exemptions provide an amount that an individual can keep/protect when he or she files for bankruptcy protection. If he or she exceeds the amount that can be protected,...
Should I Reaffirm My House or Car?

Should I Reaffirm My House or Car?

When an individual files for Chapter 7 bankruptcy and they want to keep certain debts, such as a house or car, they can typically do so by choosing to reaffirm the debt with the creditor. A properly filed reaffirmation agreement is the usually the only way a debt will...
Filing a Chapter 13 as a Sole Proprietor?

Filing a Chapter 13 as a Sole Proprietor?

You may be in the Chapter 13 a little longer than you think! Law school 101….. If you are starting a small business, do you run it as an sole proprietor or do you create an LLC or S.Corp? Of course, you should create a corporate entity and run your business...