Columbus, GA Bankruptcy discharge

Columbus, GA Bankruptcy discharge

In a Chapter 7 bankruptcy, the individual files a petition in the court seeking to discharge all debts. The debtor can have secured debt and unsecured debt and how each of these is handled can vary from case-to-case. An individual seeking protection under chapter 7 of the United States Bankruptcy Code may have to surrender a portion of their personal assets in order to satisfy some of the debts owed to the creditors.

The general grounds for denying a discharge to an individual debtor in Columbus, GA include:
1. Failure of the debtor to keep or produce adequate books or financial records;
2. Debtor’s failure to explain satisfactorily any loss of assets;
3. The debtor is guilty of a bankruptcy crime such as perjury;
4. Debtor’s failure 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 Columbus, GA is entitled to obtain a discharge on successful completion of the payments under the Chapter 13 plan. In exchange for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for 3 to 5 years, a wider discharge is available under Chapter 13 than in a Chapter 7 case.
As a general rule, the debtor in Columbus, GA is discharged from all debts provided for by the plan or debts that are rejected, except for the following:
1. Some 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.

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