Columbus GA Bankruptcy Lawyer | Georgia Bankruptcy Attorney

Columbus GA personal bankruptcy attorney

2010-07-14T12:44:00.001-04:00

Columbus GA personal bankruptcy attorney

Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA

In 2005 the US Bankruptcy Code was altered mandating that individuals qualify to seek protection under Chapter 7 bankruptcy. The debtor has to first take the Means Test. If the Means Test establishes that the debtor can file for a Chapter 7 bankruptcy then it is important to understand that there are other conditions.

All individuals filing for Chapter 7 bankruptcy protection must undergo a debt counseling course within six months of filing for Chapter 7 bankruptcy. Also the debtor can also be made to undergo a financial education course prior to discharge of the debts. All individuals considering bankruptcy must consult with an experienced Harris County, GA personal bankruptcy as the changes to Federal Bankruptcy Code have now made it difficult to qualify for Chapter 7.

Before you can file for bankruptcy under either Chapter 7 or Chapter 13, you must undergo credit counseling with an agency approved by the United States Trustee's office. The United States Trustee’s website located at www.usdoj.gov/ist has the list of the approved agencies.. This counseling is meant to give the debtor an idea of whether there is a genuine need to file for bankruptcy or whether an informal repayment plan would will be sufficient.

New Pages added to expanded Columbus-ga-bankruptcy.com web site

2010-07-09T16:24:00.001-04:00

Here are some new pages added to the site:

Columbus Georgia bankruptcy lawyer sitemap

No Cost Bankruptcy info for the Columbus area

Common Questions about bankruptcy in Georgia

What is the job of a Columbus GA Bankruptcy Lawyer?

2010-07-09T16:21:00.000-04:00

What is the job of a Columbus GA Bankruptcy Lawyer?

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

Columbus bankruptcy attorneys

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

When conversing with the lawyer in Columbus, GA find 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 check if the lawyer will be personally appearing in your case and that it is not passed on to a junior attorney or staff. Ask as many questions as you need and make sure that you are comfortable with the fact that you are appointing him as your bankruptcy attorney.

Chapter 11 and 13 Bankruptcy Differences: Ask a lawyer

2010-07-09T16:16:00.002-04:00

Chapter 11 and 13 Bankruptcy Differences

Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA

An individual can file under chapter 11 in Columbus, GA but, the provisions of chapter 11 are often used to reorganize a business. Chapter 11 allows the debtor to run its business through a plan of reorganization, that must meet certain statutory criteria. By creating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it may continue to operate, provide employment, pay its creditors, and provide a return for its stockholders.

When the bankruptcy means test determines that you aren’t eligible to file for Chapter 7 Bankruptcy in Columbus, GA you can instead select to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court administered repayment plan which will permit you to retain your most important assets while repaying your debts over a period of time. If you file for Chapter 13 Bankruptcy you may be able to significantly lower your medical bills. Chapter 13 can permit you to pay off your medical bills over a 3 to 5 year period of time based on your disposable income. Many times, Chapter 13 Bankruptcy compels unsecured creditors like medical providers, hospitals, and doctor’s to accept pennies on the dollar.

How to File Bankruptcy in the Columbus Georgia area

2010-07-09T16:14:00.001-04:00

How to File Bankruptcy in the Columbus Georgia area, including no cost bankruptcies

Bankruptcy case in Columbus, GA starts with the filing of a petition in the bankruptcy court. A bankruptcy lawyer usually files the petition. The filing of the petition establishes a bankruptcy estate, which typically consists of all the assets of the person seeking bankruptcy protection. A separate taxable entity is created if the bankruptcy petition is filed by an individual under chapter 7 or chapter 11 of the US Bankruptcy Code.

The bankruptcy petition is the document which starts the bankruptcy process. The petition may be a voluntary petition, that is filed by the debtor, or it can be an involuntary petition, which is filed by creditors that fulfill certain requirements. The 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 purchased at legal stationary stores.

The documentation required at the time of filing for bankruptcy in Columbus, GA has increased. For instance, the debtor must provide additional information that details all income and expenses. When the expenses exceed the IRS allowance, a special circumstances document should be submitted which reasons the necessity of the extra expense incurred. A statement of accuracy must also be submitted, together with these special circumstance documents.

No Cost Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA

Bankruptcy in Muscogee County, Georgia

2010-04-30T08:07:00.000-04:00

Bankruptcy law is a federal statutory law contained in Title 11 of the United States Code. The US Constitution, in Section 8, grants Congress the power to establish uniform laws on the subject of bankruptcies all over the US. States do not regulate bankruptcy but they may pass laws that affect other areas of the debtor-creditor relationship. So it is important to know the federal statutes that are applicable to bankruptcy as well as any state laws that may apply.
In April 2005 some big changes to bankruptcy rules were made by the Bankruptcy Abuse Prevention and Consumer Protection Act, affecting all bankruptcies filed after October 2005. The assets in Individual Retirement Accounts are exempt assets and cannot be sold to pay creditors. To limit the availability of a Chapter 7 discharge of debt, the regulations have been significantly revised. A Means test now governs eligibility for filing Chapter 7. Debtors should attend in approved credit counseling before they can file bankruptcy. Filing fees were increased and as a result attorney fees have also gone up.
There is a great amount of misinformation out there for debtors considering bankruptcy. If you are thinking about filing bankruptcy, there is no reason to worry by the means test. If you are well below the state median income, this change will not affect you. Even debtors who are above the state median income often can qualify for chapter 7 as the expenses are high enough to be eligible. However, if your income is near your state's median, you might want to consult a seasoned bankruptcy in Muscogee County, Georgia.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia personal bankruptcy attorney

2010-04-29T08:06:00.000-04:00

In 2005 the United States Bankruptcy Code was altered requiring that individuals qualify to seek protection under Chapter 7 bankruptcy. The debtor must first take the Means Test. If the Means Test establishes that the debtor qualifies to file for a Chapter 7 bankruptcy then it is important to know that there are more conditions. All individuals seeking Chapter 7 bankruptcy protection must attend a debt counseling course within 6 months of filing for Chapter 7 protection. Also the debtor will also be required to complete a financial education course before discharge of the debts. All individuals considering bankruptcy must consult with an experienced Muscogee County, Georgia personal bankruptcy as the changes to US Bankruptcy Code have now made it tough to qualify for Chapter 7. Before you can file for bankruptcy under either Chapter 7 or Chapter 13, you should undergo credit counseling with an agency approved by the United States Trustee's office. You can get the list of approved agencies from the United States Trustee’s website located at www.usdoj.gov/ust. This counseling is meant to provide the debtor an idea of whether there exists a genuine need to file for bankruptcy or whether an informal repayment plan would will be enough.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia chapter 7 business bankruptcy attorney

2010-04-28T08:05:00.000-04:00

A Chapter 7 case starts with the debtor filing a petition with the bankruptcy court. Along with the petition, the debtor must also file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements include the following information:
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
Details of of all of the debtor's property; and
Details of of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the help of a seasoned Muscogee County, Georgia chapter 7 business bankruptcy attorney since the chapter 7 business bankruptcy process is complicated.

Under Chapter 7, the business stops its activities and goes completely out of business. A trustee is appointed to liquidate the company's assets and the money is used to clear the debt, which may include debts to creditors and investors.
The first to be paid are the investors who take the least risk. Secured creditors take less risk because the credit that they extend is typically supported by collateral, like a mortgage or other assets of the company. They realize they will be paid first if the company declares bankruptcy.
Bondholders have larger potential of getting back their investments than stockholders, because bonds represent the debt of the business and the business has accepted to pay bondholders interest and to pay back their principal. Stockholders own the company, and take more risk. They can make more money if the business does well, but they can lose money if the company does badly. The owners are last in line to be repaid if the company closes. Bankruptcy rules decide the order of payment.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia bankruptcy trustee

2010-04-27T08:04:00.000-04:00

A Muscogee County, Georgia bankruptcy trustee in may use, sell, or lease property in the filer’s estate in the ordinary course of business. Besides, a bankruptcy court can allow the trustee to operate the filer’s business for a certain time if continued operation is in the best interests of the estate and the creditors. For instance, if the farm debtor is in the hog business and the estate is made of hogs of varying sizes, the trustee may be ordered to feed the hogs until they attain market weight so as to maximize the amount recovered by the estate. But, if the livestock owned by a farm debtor is subject to a valid, perfected security interest, the trustee will not, in almost all cases, undertake the further care and feeding of the livestock. Rather, he will likely abandon the property so as to limit the estate's continued responsibility. Though the appointment of a case trustee is rarely occurs in a chapter 11 proceeding, a party in interest or the United States trustee may apply for the appointment of a case trustee or examiner at any time before confirmation in a chapter 11 proceeding. The judge, on request by a party in interest or the United States trustee and upon notice and hearing, may order the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Chapter 13 attorney

2010-04-26T08:04:00.000-04:00

Any individual, either self employed or working in any organization can file a chapter 13 bankruptcy in Muscogee County, Georgia and seek protection under it. The only criteria is that the unsecured debts must be less than $336,900 and secured part of the debts lower than $ 1,010,650. No corporation can seek assistance or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy petition was dismissed 180 days prior to the filing. An experienced Muscogee County, Georgia Chapter 13 Bankruptcy can help you file for Chapter 13 Bankruptcy. Bankruptcy is a really bad situation to be in, for any person or a party. But even in such tough times, there are ways to handle such situations. Chapter 13 Bankruptcy helps individuals only, to work out of financial crisis under the guidance of a federal bankruptcy court. The debtor having a regular income can restructure his financial position with the help of Chapter 13 Bankruptcy. The debtor should submit a plan with the help of which he or she can repay all his outstanding debts in 3 to 5 years. Five years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Muscogee County, Georgia.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia individual bankruptcy attorney

2010-04-25T08:03:00.000-04:00

A person can file for bankruptcy under Chapter 7 in Muscogee County, Georgia and can have certain debts discharged when they meet the necessary criteria. These necessary criteria were established under the BACCP Act and now has both a means test and also the necessity to receive credit counseling. The process is complicated and you must hire the services of a Muscogee County, Georgia ndividual bankruptcy attorney
Before being allowed to file a Chapter 7 bankruptcy an individual will need to show that their disposable income is below a certain threshold which may differ slightly from state to state based on the average income of that state.
The individual is also required to have received credit counseling from an accredited organization at some stage in the 180 days preceeding their bankruptcy petition.
If the Chapter 7 petition has been filed in Muscogee County, Georgia, an impartial trustee is appointed to sell the non-exempt assets of the filer. The trustee usually will be an attorney or an individual who knows the bankruptcy regulations and the legal systerm. The trustee must conduct a meeting of creditors, generally within 40 days after the date of filing. The debtor must attend this meeting and must submit to an examination under oath. The examination generally is restricted to questions about the extent and whereabouts of the filer’s assets. But, the trustee may ask questions to ensure the filer understands the likely results of bankruptcy, including the effect on his credit history, ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. The initiation of a Chapter 7 petition in Muscogee County, Georgia under the United States Bankruptcy Code creates a bankruptcy estate. A trustee is entrusted with liquidating all property of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia bankruptcy attorney

2010-04-24T08:02:00.000-04:00

Often, people are worried about who will know about their bankruptcy. Your employer and your landlord will not be informed. You may technically file for bankruptcy every eight years in Chapter 7. Under Chapter 13, you may file as many times as is required so long as you have paid at least 70% of the unsecured debt under your last Chapter 13 filing.

All taxes are not discharged by filing bankruptcy. However, in Chapter 13, you may not be required to pay interest or penalties. In Chapter 7 some taxes can be discharged. A seasoned Muscogee County, Georgia bankruptcy attorney can asssit you distinguish between those that may be discharged from the others.
The bankruptcy procedure in Muscogee County, Georgia has become more complex and requires careful planning and consideration. Hence choosing a seasoned bankruptcy attorney in Muscogee County, Georgia is more important now than ever before. Trying to go through this process all alone is a huge error and so is the decision to file prior to consulting with an experienced Muscogee County, Georgia bankruptcy attorney.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Chapter 13 Bankruptcy attorney

2010-04-23T08:01:00.000-04:00

A Chapter 13 Bankruptcy has many additional benefits over a Chapter 7 Bankruptcy. Unlike Chapter 7 Bankruptcy, in the Chapter 13 Bankruptcy, an individual can at least protect his house from foreclosure. All proceedings will come to halt once he files for Chapter 13 Bankruptcy. He will get a period of 3-5 years to pay back his debts. A Chapter 13 Bankruptcy permits the individual to reallocate secured debts. It can over a period of time, reduce the payments that he has to make. Finally a debtor will have no connection or contact with the creditors once he or she has filed Chapter 13 Bankruptcy.
A Muscogee County, Georgia Chapter 13 Bankruptcy can assist you file for Chapter 13 Bankruptcy. Any individual, either self employed or working in any organization can file a chapter 13 bankruptcy in Muscogee County, Georgia and seek protection under it. The only criteria is that the unsecured debts must be less than $336,900 and secured part of the debts below $ 1,010,650. No corporation may seek assistance or file chapter 13. A person cannot file for chapter 13 when his bankruptcy application was dismissed 180 days before the filing.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Chapter 7 attorney

2010-04-22T08:00:00.000-04:00

Chapter 7 is about liquidating the filer’s assets rather than repayment. Earlier debtors could select whether they wanted Chapter 7 or 13. However now, when their income is high, they may not have a choice and will have to file for Chapter 13. To file Chapter 7, a debtor should establish that his disposable income is less than a certain low sum of money. Consult with an experienced Muscogee County, Georgia Chapter 7 attorney to know if you qualify for Chapter 7. In Chapter 7, assets are sold and the proceeds are used to repay the debtor’s debts. Chapter 13 is about repayment. All income is used for repaying debts. If available income is greater than that of the median in Georgia, the filer's permitted expenses will be decided by the IRS. This amount should come out of the filer's income during the six-month period before the filing. The chapter 11 debtor has a one-time absolute right to convert the chapter 11 case to a proceeding under chapter 7 unless (1) the debtor is not a debtor in possession, (2) the case initially was filed as an involuntary case under chapter 11, or (3) the case was converted to a case under chapter 11 but not at the debtor's request. The debtor in a chapter 11 case does not have an absolute right to have the case dismissed upon request. There are major exceptions to the conversion process in a chapter 11 proceeding. Unless the debtor requests the conversion, section 1112(c) of the US Bankruptcy Code does not allow the court to convert a proceeding involving a farmer or charitable institution to a liquidation proceeding under chapter 7.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia farm bankruptcy attorney

2010-04-21T07:59:00.000-04:00

Chapter 11 allows the debtor to run its business by means of a plan of reorganization, that must fulfill certain statutory requirements. By creating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it can continue to operate, provide its employees with jobs, pay its creditors, and provide a return for its stockholders. Since chapter 11 deals with an ongoing business, the most likely persons who have knowledge and details of the business will be the existing managers who generally continue operations during the chapter 11 proceeding. The main rationale of business reorganizations is that the value of a business as an ongoing concern is greater than it would be if its assets were liquidated. Chapter 12 is a U.S. bankruptcy chapter specifically for family farms or fisheries which gives the farm or fishery owner the opportunity to reorganize his or her finances and debts while still retaining the farm or fishery. The farm or fishery owner will work with the bankruptcy trustee and creditors to fix a payment program that will meet his or her owner obligations. This Chapter 12 proceeding in Muscogee County, Georgia is available for individually run family farms and fisheries as well as those owned by a corporation or partnership. Chapter 12 was enacted in 1986 epecially for farms and fisheries to make the bankruptcy process easier for such businesses. Before Chapter 12, farmers would have to either file for protection under Chapter 11, which was very costly and is essentially for large companies, or Chapter 13, which is basically for those with relatively small outstanding debts (generally not the case for farms and fisheries). Farm debtors looking to file for bankruptcy should contact a Muscogee County, Georgia farm bankruptcy attorney to know about the options.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Bankruptcy in Harris County, GA

2010-04-20T07:58:00.000-04:00

Bankruptcy law is a federal statutory law contained in Title 11 of the United States Code. The United States Constitution, in Section 8, grants Congress the power to establish uniform laws on the subject of bankruptcies all over the US. States do not regulate bankruptcy but they may pass laws that affect other aspects of the debtor-creditor relationship. Therefore it is important to know the federal rules that apply to bankruptcy as well as any state laws that are applicable.
In April 2005 some major changes to bankruptcy laws were made by the Bankruptcy Abuse Prevention and Consumer Protection Act, affecting all bankruptcies filed after October 2005. The assets in Individual Retirement Accounts are protected and are exempt from liquidation to pay creditors. To limit the availability of a Chapter 7 discharge of debt, the rules have been significantly changed. A Means test now governs if you are eligible for filing Chapter 7. Debtors should participate in approved credit counseling prior to filing for bankruptcy. Filing fees were increased and as a result attorney fees have also increased.
There is a great amount of misinformation out there for persons contemplating bankruptcy. If you are considering about filing bankruptcy, there is no reason to worry by this test. If you are well below the state median income, you will be unaffected. Even debtors who are above the state median income generally are eligible for chapter 7 because the expenses are high enough to be eligible. But, if your income is near your state's median, you should contact a seasoned bankruptcy in Harris County, GA.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA chapter 7 business bankruptcy attorney

2010-04-18T07:57:00.000-04:00

A Chapter 7 proceeding starts with the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor must also file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements include the following information:
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
A list of all of the debtor's property; and
Details of of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the assistance of a seasoned Harris County, GA chapter 7 business bankruptcy attorney as the chapter 7 business bankruptcy process is complex.

In Chapter 7, the company ceases all activities and exits the business completely. A trustee is appointed to liquidate the company's assets and the amount is used to pay off the debt, which can include debts to creditors and investors.
The investors who take the least risk are paid first. Secured creditors take less risk because the credit that they extend is generally backed by collateral, such as a mortgage or other assets of the company. They know they will get paid first if the company files for bankruptcy protection.
Bondholders have greater potential of recovering their investments than stockholders, because bonds represent the debt of the company and the company has accepted to pay bondholders interest and to return their principal. Stockholders own the company, and take more risk. They could make more money if the company does well, but they could lose money if the company does poorly. The owners are the last to be repaid if the business fails. Bankruptcy regulations determine the order of payment.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA bankruptcy trustee

2010-04-17T07:55:00.000-04:00

A Harris County, GA bankruptcy trustee in may use, sell, or lease property in the debtor's estate in the usual course of business. In addition, the bankruptcy court may permit a trustee to operate the debtor's business for a limited period when continued operation is in the best interests of the all. For example, if the farm debtor is in the hog business and the estate consists of hogs of varying sizes, the trustee may be ordered to feed the hogs until they attain market weight so as to maximize the amount recovered by the estate. However, when the livestock owned by a farm debtor is subject to a valid, perfected security interest, the trustee will not, in almost all cases, undertake the continued care and feeding of the livestock. Instead, the trustee will likely abandon the property to limit the estate's continued responsibility. Though the appointment of a case trustee is very rare in a chapter 11 case, a party in interest or the United States trustee may seek the appointment of a case trustee or examiner at any time before confirmation in a chapter 11 proceeding. The court, on request by a party in interest or the United States trustee and subsequent to notice and hearing, can order the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA Chapter 13 attorney

2010-04-16T07:47:00.000-04:00

Any person, either self employed or working in any organization may file a chapter 13 bankruptcy in Harris County, GA and get protection under it. The only condition is that his unsecured debts must be below $336,900 and secured part of the debts less than $ 1,010,650. No corporation may seek help or file chapter 13. A person cannot file for chapter 13 when his bankruptcy application was dismissed 180 days prior to the filing. An experienced Harris County, GA Chapter 13 Bankruptcy can help you file for Chapter 13 Bankruptcy. Bankruptcy is a very bad situation to be in, for any individual or a party. But even in such difficult times, there are ways to tackle such situations. Chapter 13 Bankruptcy assists individuals only, to work out of financial crisis under the guidance of a federal bankruptcy court. A debtor with a regular income can restructure his financial position with the assistance of Chapter 13 Bankruptcy. The debtor should submit a plan with the help of which he or she can repay all his outstanding debts in three to five. Five years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Harris County, GA.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA individual bankruptcy attorney

2010-04-15T07:46:00.000-04:00

An individual can file for bankruptcy under Chapter 7 in Harris County, GA and can have certain debts discharged when they fullfil the necessary criteria. The necessary requirements were established under the BACCP Act and now include both a means test and also the necessity to receive credit counseling. The process is complicated and you must use the services of a Harris County, GA ndividual bankruptcy attorney
Before being allowed to file a Chapter 7 bankruptcy an individual must prove that their disposable income is below a certain limit which can vary slightly from state to state depending on the average income of the state.
The person is also required to have undergone credit counseling from an accredited organization at some stage in the 180 days before their bankruptcy petition.
Once the Chapter 7 petition has been filed in Harris County, GA, an impartial trustee is appointed to sell the non-exempt assets of the debtor. The trustee generally will be a lawyer or someone who knows the bankruptcy rules and the courts. The trustee will hold a meeting of creditors, generally within 40 days after the filing date. The debtor should attend the meeting and must provide to an examination under oath. The examination usually is restricted to questions concerning the extent and whereabouts of the debtor's assets. But, a trustee can ask questions that ensure the filer is aware of the likely effects of bankruptcy, including the effect on his credit history, ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. The initiation of a Chapter 7 proceeding in Harris County, GA under the United States Bankruptcy Code creates a bankruptcy estate. The trustee is entrusted with liquidating all property of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA bankruptcy attorney

2010-04-14T07:45:00.000-04:00

Typically, people are worried about who will find out about their bankruptcy. Your employer and your landlord will not be informed. You may technically file for bankruptcy every eight years under Chapter 7. Under Chapter 13, you can file as many times as is necessary so long as you have paid at least 70% of your unsecured debt under your previous Chapter 13 filing.

All taxes will not be wiped out by filing bankruptcy. However, in Chapter 13, you will not be required to pay interest or penalties. In Chapter 7 some taxes may be discharged. A seasoned Harris County, GA bankruptcy attorney can help you distinguish between those that may be discharged from the others.
The bankruptcy process in Harris County, GA has become more complicated and needs detailed planning and consideration. Therefore selecting a competent bankruptcy attorney in Harris County, GA is more important now than ever before. Trying to go through this process by yourself is a huge error and so is the decision to file before talking to an experienced Harris County, GA bankruptcy attorney.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA Chapter 13 Bankruptcy attorney

2010-04-13T07:44:00.000-04:00

The Chapter 13 Bankruptcy has numerous added benefits over the Chapter 7 Bankruptcy. Unlike Chapter 7 Bankruptcy, in the Chapter 13 Bankruptcy, an individual can at least protect his house from foreclosure. All proceedings will come to halt if he files for Chapter 13 Bankruptcy. He will get a period of 3-5 years to pay back the creditors. A Chapter 13 Bankruptcy allows the individual to reallocate secured debts. It can over a period of time, lower the payments that he has to make. Finally a debtor will not have any connection or contact with his or her creditors once he or she has filed Chapter 13 Bankruptcy.
A Harris County, GA Chapter 13 Bankruptcy can assist you file for Chapter 13 Bankruptcy. Any individual, either self employed or working in any organization may file a chapter 13 bankruptcy in Harris County, GA and secure protection under it. The only criteria is that his unsecured debts must be lower than $336,900 and secured part of the debts below $ 1,010,650. No organization may seek help or file chapter 13. An individual cannot file for chapter 13 if his bankruptcy application was dismissed 180 days prior to the filing.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA Chapter 7 attorney

2010-04-12T07:43:00.000-04:00

Chapter 7 deals with liquidating the filer’s assets rather than repayment. Earlier filers could choose whether they wanted Chapter 7 or 13. But now, if their income is high, they do not have a choice and should file under Chapter 13. In order to file Chapter 7, the filer must prove that his disposable income is less than a certain low sum of money. Consult with an experienced Harris County, GA Chapter 7 attorney to know if you qualify for Chapter 7. For Chapter 7, assets are liquidated and the proceeds are used to repay the debtor’s debts. Chapter 13 involves repayment. All income is used for paying off creditors. When available income is more than that of the median in Georgia, the debtor’s allowable expenses will be decided by the IRS. This amount should come out of the filer's income during the six-month period before the filing. A chapter 11 debtor has a one-time absolute right to convert the chapter 11 proceeding to a case under chapter 7 except if (1) the debtor is not a debtor in possession, (2) the case initially was started as an involuntary proceeding under chapter 11, or (3) the proceeding was converted to a proceeding under chapter 11 but not at the debtor's request. A debtor in a chapter 11 proceeding does not have an absolute right to have the case dismissed upon request. There are major exceptions to the conversion process in a chapter 11 proceeding. Unless the debtor requests the conversion, section 1112(c) of the United States Bankruptcy Code does not allow the court to convert a case involving a farmer or charitable institution to a liquidation case under chapter 7.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Harris County, GA farm bankruptcy attorney

2010-04-11T07:38:00.000-04:00

Chapter 11 allows the debtor to operate its business by means of a plan of reorganization, that should meet certain statutory criteria. By creating chapter 11, the Congress provided the debtor an opportunity 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. As chapter 11 deals with an ongoing business, the most likely individuals to have knowledge and details of the business are the present managers who often continue operations during the chapter 11 proceeding. The main rationale of business reorganizations is that the value of an ongoing is greater than it would be if its assets were liquidated. Chapter 12 is a U.S. bankruptcy proceeding intended for family farms or fisheries which gives the farm or fishery owner the ability to reorganize his or her finances and debts while still keeping the farm or fishery. The farm or fishery owner should co-ordinate with a bankruptcy trustee and creditors to formulate a payment program that will meet his or her owner obligations. This Chapter 12 proceeding in Harris County, GA is available for individually run family farms and fisheries as well as those owned by a corporation or partnership. Chapter 12 was created in 1986 epecially for farms and fisheries to make the bankruptcy process easier for these types of businesses. Before Chapter 12, farmers would have to either file for protection under Chapter 11, which can be very expensive and is mainly for large companies, or Chapter 13, which is essentially for those with relatively small outstanding debts (typically not the case for farms and fisheries). Farm debtors considering bankruptcy must consult a Harris County, GA farm bankruptcy attorney to know about the options.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Bankruptcy in Columbus, Georgia

2010-04-10T07:38:00.000-04:00

Bankruptcy law is a federal statutory law contained in Title 11 of the United States Code. The US Constitution, in Section 8, grants Congress the power to establish uniform rules on the subject of bankruptcies throughout the United States. States do not regulate bankruptcy but they may pass laws that affect other areas of the debtor-creditor relationship. So it is important to understand the federal statutes that are applicable to bankruptcy as well as any state laws that are applicable.
Since April 2005 some big changes to bankruptcy laws were made with the Bankruptcy Abuse Prevention and Consumer Protection Act, affecting all bankruptcies filed after October 2005. The assets in Individual Retirement Accounts are protected and are exempt from liquidation to pay creditors. To limit the availability of a Chapter 7 discharge of debt, the rules have been significantly revised. A Means test now governs if you are eligible for filing Chapter 7. Debtors should take part in approved credit counseling before they can file bankruptcy. Filing fees have been increased and subsequently lawyer fees have also gone up.
There is a lot of misinformation available there for persons considering bankruptcy. If you are considering about filing bankruptcy, there is no reason to worry by this test. If you are well below the state median income, this change will not affect you. Even debtors who are above the state median income generally are eligible for chapter 7 as the expenses are high enough to qualify. However, if you have an income near your state's median, you must contact a seasoned bankruptcy in Columbus, Georgia.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia personal bankruptcy attorney

2010-04-09T07:37:00.000-04:00

In 2005 the United States Bankruptcy Code was altered requiring that debtors qualify to seek protection under Chapter 7 bankruptcy. The debtor should first take the Means Test. If the Means Test establishes that the debtor qualifies to file for a Chapter 7 bankruptcy then it is important to know that there are other conditions. All individuals seeking Chapter 7 bankruptcy protection must attend a debt counseling course within 6 months of filing for Chapter 7 protection. Also the debtor can also be made to undergo a financial education course prior to discharge of the debts. All individuals considering bankruptcy should consult with an experienced Columbus, Georgia personal bankruptcy as the changes to United States Bankruptcy Code have now made it difficult to qualify for Chapter 7. Before you can file for bankruptcy under either Chapter 7 or Chapter 13, you should undergo credit counseling with an agency approved by the United States Trustee's office. You can obtain the list of approved agencies from the United States Trustee’s website located at www.usdoj.gov/ust. This counseling is meant to give you an idea of whether there is a genuine need to file for bankruptcy or if an informal repayment plan would will be enough.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia chapter 7 business bankruptcy attorney

2010-04-08T07:36:00.000-04:00

A Chapter 7 proceeding starts with the debtor filing a petition with the bankruptcy court. Along with the petition, the debtor must also file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements must contain the following information:
A list of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
Details of of all of the debtor's property; and
Details of of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the assistance of a seasoned Columbus, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complex.

In Chapter 7, the company ceases its operations and goes completely out of business. A trustee is appointed to liquidate the business’s assets and the money is used to pay off the debt, which can include debts to creditors and investors.
The investors who take the least risk are paid first. Secured creditors take less risk because the credit that they extend is generally backed by collateral, such as a mortgage or other assets of the company. They know they will be paid first if the business declares bankruptcy.
Bondholders have greater chances of recovering their investments than stockholders, as bonds represent the debt of the business and the company has accepted to pay bondholders interest and to pay back their principal. Stockholders own the company, and take greater risk. They could make more money if the business does well, but they may lose money if the company does badly. The owners are the last to be repaid if the company fails. Bankruptcy rules decide the order of payment.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia bankruptcy trustee

2010-04-07T07:34:00.000-04:00

The Columbus, Georgia bankruptcy trustee in can use, sell, or lease property in the filer’s estate in the usual course of business. Besides, a bankruptcy court will authorize a trustee to operate the filer’s business for a certain time when continued operation is in the best interests of the all. For example, if the farm debtor is in the hog business and the estate consists of hogs of varying sizes, the trustee can be allowed to feed the hogs till they attain market weight so as to maximize the amount recovered by the estate. However, if the livestock belonging to a farm debtor is subject to a valid, perfected security interest, the trustee will not, in almost all cases, undertake the further care and feeding of the livestock. Rather, he may abandon the property so as to restrict the estate's continued responsibility. Even though the appointment of a case trustee is very rare in a chapter 11 case, a party in interest or the United States trustee may apply for the appointment of a case trustee or examiner at any time before confirmation in a chapter 11 proceeding. The judge, on request by a party in interest or the United States trustee and upon notice and hearing, may order the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia Chapter 13 attorney

2010-04-06T07:34:00.000-04:00

Any individual, either self employed or employed with an organization may file a chapter 13 bankruptcy in Columbus, Georgia and get protection under it. The only criteria is that the unsecured debts should be below $336,900 and secured part of the debts lower than $ 1,010,650. No organization can seek assistance or file chapter 13. A person cannot file for chapter 13 if his bankruptcy application was dismissed 180 days before the filing. An experienced Columbus, Georgia Chapter 13 Bankruptcy can assist you file for Chapter 13 Bankruptcy. Bankruptcy is a really terrible state to be in, for any individual or an organization. However even in such tough times, there are ways to tackle such situations. Chapter 13 Bankruptcy assists individuals only, to work out of financial crisis under the guidance of a federal bankruptcy court. A debtor with a regular income can restructure his financial position with the help of Chapter 13 Bankruptcy. The debtor must propose a plan with the assistance of which he or she can repay all his outstanding debts in three to five. Five years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Columbus, Georgia.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia individual bankruptcy attorney

2010-04-05T07:33:00.000-04:00

An individual can file for bankruptcy under Chapter 7 in Columbus, Georgia and can have certain debts discharged if they fullfil the necessary requirements. The necessary criteria were formulated by the BACCP Act and now include both a means test as well as the requirement to receive credit counseling. The process is complex and you must use the services of a Columbus, Georgia ndividual bankruptcy attorney
Before being permitted to file a Chapter 7 bankruptcy an individual must establish that their disposable income falls below a certain threshold which may vary slightly from state to state based on the average income of the state.
The individual is also required to have received credit counseling from an accredited organization at some stage in the 180 days before the bankruptcy petition.
If the Chapter 7 petition has been filed in Columbus, Georgia, an impartial trustee is appointed to sell the non-exempt assets of the filer. The trustee generally will be an attorney or someone who is aware of the bankruptcy regulations and the courts. The trustee will hold a meeting of creditors, usually within 40 days after the date of filing. The filer must attend the meeting and should submit to an examination under oath. The examination generally is limited to questions concerning the extent and whereabouts of the debtor's assets. But, a trustee can ask questions to ensure the debtor knows the likely consequences of bankruptcy, including the effect on his credit history, ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. The filing of a Chapter 7 proceeding in Columbus, Georgia under the Federal Bankruptcy Code creates a bankruptcy estate. The trustee is charged with liquidating all assets of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia bankruptcy attorney

2010-04-04T07:32:00.000-04:00

Often, people are worried about who will know about their bankruptcy. Your employer and your landlord will not be notified. You can technically file for bankruptcy every eight years in Chapter 7. Under Chapter 13, you may file as many times as is necessary so long as you have paid at least 70% of the unsecured debt in your previous Chapter 13 filing.

All taxes will not be discharged by filing bankruptcy. However, in Chapter 13, you will not be required to pay interest or penalties. Under Chapter 7 certain taxes can be discharged. A seasoned Columbus, Georgia bankruptcy attorney can asssit you differentiate between those that may be discharged from the others.
The bankruptcy procedure in Columbus, Georgia has become more complex and requires detailed planning and consideration. Hence selecting a good bankruptcy attorney in Columbus, Georgia is more important now than ever before. Attempting to go through the process by yourself is a huge mistake and also the decision to file prior to consulting with an experienced Columbus, Georgia bankruptcy attorney.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia Chapter 13 Bankruptcy attorney

2010-04-03T07:31:00.000-04:00

A Chapter 13 Bankruptcy has numerous added advantages over a Chapter 7 Bankruptcy. Unlike Chapter 7 Bankruptcy, in a Chapter 13 Bankruptcy, an individual can at least protect his home from foreclosure. All proceedings will be stayed after he files for Chapter 13 Bankruptcy. He will have a period of 3-5 years to pay back the creditors. The Chapter 13 Bankruptcy allows the individual to reallocate secured debts. It can over a period of time, reduce the payments that he should make. Finally a debtor will have no connection or contact with the creditors when he or she has filed Chapter 13 Bankruptcy.
A Columbus, Georgia Chapter 13 Bankruptcy can help you file for Chapter 13 Bankruptcy. Any person, either self employed or employed with any organization can file a chapter 13 bankruptcy in Columbus, Georgia and obtain protection under it. The only condition is that his unsecured debts should be less than $336,900 and secured part of the debts below $ 1,010,650. No organization can seek assistance or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy application was dismissed 180 days prior to the filing.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia Chapter 7 attorney

2010-04-02T07:30:00.000-04:00

Chapter 7 deals with liquidating the filer’s assets rather than repayment. Earlier debtors could choose whether they wanted Chapter 7 or 13. However now, when their income is high, they do not have a choice and will have to file for Chapter 13. In order to file Chapter 7, the filer should establish that his disposable income is less than a certain low sum of money. Contact with an experienced Columbus, Georgia Chapter 7 attorney to know if you qualify for Chapter 7. Under Chapter 7, assets are sold and the proceeds are used to pay off the filer's debts. Chapter 13 involves repayment. All income goes into paying off debts. When available income is more than that of the median in the State of Georgia, the filer's allowable expenses will be determined by the IRS. This amount must come out of the filer's income during the six-month period prior to the filing. A chapter 11 debtor has a one-time absolute right to convert the chapter 11 case to a proceeding under chapter 7 except if (1) the debtor is not a debtor in possession, (2) the proceeding initially was started as an involuntary proceeding under chapter 11, or (3) the case was converted to a case under chapter 11 but not at the debtor's request. The debtor in a chapter 11 proceeding does not have an absolute right to have the case dismissed upon request. There are important exceptions to the conversion process in a chapter 11 proceeding. Unless the debtor requests the conversion, section 1112(c) of the United States Bankruptcy Code does not permit the court to convert a proceeding involving a farmer or charitable institution to a liquidation proceeding under chapter 7.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, Georgia farm bankruptcy attorney

2010-04-01T07:28:00.000-04:00

Chapter 11 allows the debtor to manage its business by means of a plan of reorganization, which must fulfill certain statutory requirements. By legislating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it can continue to operate, provide its employees with jobs, pay its creditors, and produce a return for its stockholders. Since chapter 11 envisions a running business, the most likely individuals who have knowledge and details of the operation will be the existing managers who generally continue operations during the chapter 11 case. A major rationale behind business reorganizations is that the value of a business as an ongoing concern is greater than it would be if its assets were liquidated. Chapter 12 is a U.S. bankruptcy chapter specifically for family farms or fisheries that gives the farm or fishery owner the opportunity to reorganize his or her finances and debts while at the same time retaining the farm or fishery. The farm or fishery owner will work with the bankruptcy trustee and creditors to determine a payment program that will meet his or her owner obligations. A Chapter 12 proceeding in Columbus, Georgia is available for individually run family farms and fisheries and even those owned by a corporation or partnership. Chapter 12 was created in 1986 epecially for farms and fisheries to make the bankruptcy process easier for these types of businesses. Prior to Chapter 12, farmers would have to either file for protection under Chapter 11, which can be very costly and is basically for large companies, or Chapter 13, which is essentially for those with relatively small outstanding debts (typically not the case for farms and fisheries). Farm debtors looking to file for bankruptcy should consult a Columbus, Georgia farm bankruptcy attorney to know about the options.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Bankruptcy in Columbus, GA

2010-03-31T07:27:00.000-04:00

Title 11 of the United States Code contains the federal bankruptcy law. The United States Constitution, in Section 8, grants Congress the power to create uniform laws on the subject of bankruptcies all over the United States. States don’t regulate bankruptcy but they can pass laws that affect other aspects of the debtor-creditor relationship. So it is important to know the federal rules that are applicable to bankruptcy as well as any state laws that are applicable.
In April 2005 some big changes to bankruptcy rules were made by the Bankruptcy Abuse Prevention and Consumer Protection Act, affecting all bankruptcies filed after October 2005. The assets in Individual Retirement Accounts are exempt assets and cannot be sold to pay creditors. To restrict the availability of a Chapter 7 discharge of debt, the guidelines have been significantly revised. A Means test now governs eligibility for filing Chapter 7. Debtors should attend in approved credit counseling before they can file bankruptcy. Filing fees have been increased and subsequently attorney fees have also increased.
There is a great amount of misinformation out there for debtors considering bankruptcy. If you are considering about filing bankruptcy, there is no reason to worry by this test. If you are well below the state median income, this change will not affect you. Even debtors who are above the state median income generally can qualify for chapter 7 because the expenses are high enough to be eligible. But, if you have an income near your state's median, you should consult a seasoned bankruptcy in Columbus, GA.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA personal bankruptcy attorney

2010-03-30T07:27:00.000-04:00

In 2005 the US Bankruptcy Code was changed mandating that debtors qualify to file for Chapter 7 bankruptcy. The debtor should first take the Means Test. If the Means Test shows that the debtor qualifies to file for a Chapter 7 bankruptcy then it is important to understand that there are more requirements. All individuals seeking Chapter 7 bankruptcy protection must undergo a debt counseling course within six months of filing for Chapter 7 protection. In addition the debtor may also be required to attend a financial education course prior to discharge of the debts. All persons considering bankruptcy should consult with an experienced Columbus, GA personal bankruptcy as the changes to US Bankruptcy Code have now made it tough to qualify for Chapter 7. Prior to filing for bankruptcy under either Chapter 7 or Chapter 13, you must undergo credit counseling with an agency approved by the United States Trustee's office. The list of approved agencies is available on the United States Trustee’s website located at www.usdoj.gov/ust. This counseling is meant to give the debtor an idea of whether there exists a real need to file for bankruptcy or if an informal repayment plan can will be sufficient.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA chapter 7 business bankruptcy attorney

2010-03-29T07:26:00.000-04:00

A Chapter 7 proceeding begins when the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor is also required to file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements include the following information:
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
A list of all of the debtor's property; and
A detailed list of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 must seek the assistance of a seasoned Columbus, GA chapter 7 business bankruptcy attorney since the chapter 7 business bankruptcy process is complicated.

Under Chapter 7, the business ceases all activities and goes completely out of business. A trustee is appointed to liquidate the company's assets and the amount is used to clear the debt, which may include debts to creditors and investors.
The investors who take the least risk are paid first. Secured creditors take less risk as the credit that they give is usually backed by collateral, such as a mortgage or other assets of the company. They realize they will be paid first if the business files for bankruptcy protection.
Bondholders have larger chances for recovering their investments unlike stockholders, as bonds are the debt of the company and the business has agreed to pay bondholders interest and to pay back their principal. Stockholders own the business, and take more risk. They could make more money when the business does well, but they can lose money if the business does poorly. The owners are last in line to be repaid if the business fails. Bankruptcy regulations determine the order of payment.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA bankruptcy trustee

2010-03-28T07:25:00.000-04:00

A Columbus, GA bankruptcy trustee in may use, sell, or lease property in the filer’s estate in the ordinary course of business. Besides, the bankruptcy court may authorize the trustee to operate the debtor's business for a some time if continued operation is in the best interests of the concerned parties. For instance, when the farm debtor is in the hog business and the estate consists of hogs of varying sizes, the trustee may be ordered to feed the hogs until they attain market weight so as to maximize the amount recovered by the estate. However, if the livestock owned by a farm debtor is subject to a valid, perfected security interest, the trustee will not, in almost all cases, undertake the continued care and feeding of the livestock. Instead, the trustee will likely abandon the property so as to limit the estate's continued responsibility. Though the appointment of a case trustee is very rare in a chapter 11 case, a party in interest or the United States trustee can seek the appointment of a case trustee or examiner at any time before confirmation in a chapter 11 proceeding. The judge, on application by a party in interest or the United States trustee and upon notice and hearing, can direct the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 13 attorney

2010-03-27T07:24:00.000-04:00

Any person, either self employed or employed with an organization may file a chapter 13 bankruptcy in Columbus, GA and get protection under it. The only criteria is that his unsecured debts should be below $336,900 and secured part of the debts less than $ 1,010,650. No organization may seek help or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy petition was dismissed 180 days before the filing. An experienced Columbus, GA Chapter 13 Bankruptcy can assist you file for Chapter 13 Bankruptcy. Bankruptcy is a really bad situation to be in, for any person or an organization. But even in such difficult times, there are ways to handle such situations. Chapter 13 Bankruptcy assists individuals only, to come out of financial crisis under the guidance of a federal bankruptcy court. The debtor with a regular income can restructure his financial position with the help of Chapter 13 Bankruptcy. The debtor should propose a plan with the assistance of which he or she can repay all his outstanding debts in 3 to 5 years. 5 years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Columbus, GA.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA individual bankruptcy attorney

2010-03-26T07:23:00.000-04:00

A person can file for bankruptcy under Chapter 7 in Columbus, GA and can have certain debts discharged when they fullfil the necessary requirements. These necessary criteria were established by the BACCP Act and now has both a means test and the necessity to undergo credit counseling. The process is complex and you should use the services of a Columbus, GA ndividual bankruptcy attorney
Before being permitted to file a Chapter 7 bankruptcy a person must demonstrate that their disposable income is below a certain threshold which will differ slightly from state to state based on the average income of that state.
The person is also required to have undergone credit counseling from an accredited organization at some stage in the 180 days prior to their bankruptcy petition.
If the Chapter 7 petition has been filed in Columbus, GA, an impartial trustee will be appointed to sell the non-exempt assets of the filer. This trustee usually will be an attorney or someone who is familiar with the bankruptcy laws and the legal systerm. The trustee will call a meeting of creditors, generally within 40 days after the date of filing. The filer should appear at this meeting and should submit to an examination under oath. The examination generally is limited to questions concerning the extent and whereabouts of the filer’s assets. However, a trustee will ask questions to ensure the debtor is aware of the potential effects of bankruptcy, including the effect on his credit history, ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. The initiation of a Chapter 7 petition in Columbus, GA under the United States Bankruptcy Code creates a bankruptcy estate. A trustee is charged with liquidating all property of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA bankruptcy attorney

2010-03-25T07:23:00.000-04:00

Often, people are concerned about who will find out about their bankruptcy. Your employer and your landlord will not be notified. You can technically file for bankruptcy every eight years in Chapter 7. In Chapter 13, you can file as many times as is required so long as you have paid at least 70% of your unsecured debt under your previous Chapter 13 filing.

All taxes will not be discharged by filing bankruptcy. But, under Chapter 13, you will not be required to pay interest or penalties. Under Chapter 7 few taxes can be discharged. A seasoned Columbus, GA bankruptcy attorney could asssit you differentiate between those that may be discharged from the others.
The bankruptcy process in Columbus, GA has become more complex and needs proper planning and consideration. Hence choosing a competent bankruptcy attorney in Columbus, GA is more important now than ever before. Attempting to go through the process by yourself is a huge error and also the decision to file prior to talking to an experienced Columbus, GA bankruptcy attorney.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 13 Bankruptcy attorney

2010-03-24T07:22:00.000-04:00

The Chapter 13 Bankruptcy has numerous additional advantages over the Chapter 7 Bankruptcy. Unlike Chapter 7 Bankruptcy, in the Chapter 13 Bankruptcy, the individual can at least save his house from foreclosure. All proceedings will be stayed after he files for Chapter 13 Bankruptcy. He will get a period of 3-5 years to pay off his creditors. A Chapter 13 Bankruptcy allows the individual to reallocate secured debts. It can over a period of time, reduce the payments that he must make. Finally a debtor will have no connection or contact with the creditors when he or she has filed Chapter 13 Bankruptcy.
A Columbus, GA Chapter 13 Bankruptcy can help you file for Chapter 13 Bankruptcy. Any person, either self employed or working in any organization may file a chapter 13 bankruptcy in Columbus, GA and secure protection under it. The only criteria is that the unsecured debts should be less than $336,900 and secured part of the debts lower than $ 1,010,650. No corporation may seek assistance or file chapter 13. An individual cannot file for chapter 13 if his bankruptcy petition was dismissed 180 days before the filing.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 7 attorney

2010-03-23T07:21:00.000-04:00

Chapter 7 deals with liquidating the filer’s assets rather than repayment. Previously filers could choose whether they wanted Chapter 7 or 13. However now, if their income is high, they do not have a choice and should file for Chapter 13. To file Chapter 7, a debtor would have to demonstrate that his disposable income is less than a certain low sum of money. Consult with an experienced Columbus, GA Chapter 7 attorney to know if you qualify for Chapter 7. Under Chapter 7, assets are sold and the proceeds are used to pay off the filer's creditors. Chapter 13 is about repayment. All income is used for repaying creditors. When available income is more than that of the median in Georgia, the debtor’s permitted expenses will be determined by the IRS. The amount should come out of the filer's income during the six-month period before the filing. A chapter 11 debtor has a one-time absolute right to convert the chapter 11 case to a case under chapter 7 except if (1) the debtor is not a debtor in possession, (2) the proceeding initially was started as an involuntary proceeding under chapter 11, or (3) the proceeding was converted to a case under chapter 11 but not at the debtor's request. The debtor in a chapter 11 proceeding does not have an absolute right to have the case dismissed upon request. There are important exceptions to the conversion process in a chapter 11 case. Except when the debtor requests the conversion, section 1112(c) of the US Bankruptcy Code does not allow the court to convert a case involving a farmer or charitable institution to a liquidation proceeding under chapter 7.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Columbus, GA farm bankruptcy attorney

2010-03-22T07:18:00.000-04:00

Chapter 11 permits the debtor to operate its business by means of a plan of reorganization, that must meet certain legal criteria. By creating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it can continue to operate, provide its employees with jobs, pay its creditors, and provide a return for its stockholders. As chapter 11 deals with a running business, the most likely persons who have knowledge and details of the operation will be the present managers who often continue operations during the chapter 11 case. The main rationale behind business reorganizations is that the value of a business as an ongoing concern is greater than it would be if its assets were sold. Chapter 12 is a U.S. bankruptcy chapter meant for family farms or fisheries that provides the farm or fishery owner the opportunity to reorganize his or her finances and debts while at the same time keeping the farm or fishery. The farm or fishery owner must work with a bankruptcy trustee and creditors to formulate a payment program that will meet his or her owner obligations. A Chapter 12 proceeding in Columbus, GA can be availed by individually run family farms and fisheries and also those owned by a corporation or partnership. Chapter 12 was enacted in 1986 epecially for farms and fisheries to make the bankruptcy process easier for such businesses. Prior to Chapter 12, farmers had to either file for protection under Chapter 11, which can be very costly and is basically for big corporations, or Chapter 13, which is basically for those with relatively small outstanding debts (usually not the case for farms and fisheries). Farm debtors considering bankruptcy must consult a Columbus, GA farm bankruptcy attorney to know about the options.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Bankruptcy in Chattahoochee County, Georgia

2010-03-21T07:17:00.000-04:00

Bankruptcy law is a federal statutory law contained in Title 11 of the United States Code. The US Constitution, in Section 8, grants Congress the power to create uniform laws on the subject of bankruptcies throughout the US. States don’t regulate bankruptcy but they may pass statutes that affect other aspects of the debtor-creditor relationship. So it is important to understand the federal laws that are applicable to bankruptcy as well as any state laws that may apply.
In April 2005 some major changes to bankruptcy laws were made by the Bankruptcy Abuse Prevention and Consumer Protection Act, affecting all bankruptcies filed after October 2005. The assets in Individual Retirement Accounts are exempt assets and cannot be sold to pay creditors. To limit the availability of a Chapter 7 discharge of debt, the regulations have been significantly changed. A Means test now determines if you are eligible for filing Chapter 7. Debtors must take part in approved credit counseling before they can file bankruptcy. Filing fees were increased and subsequently lawyer fees have also increased.
There is a great amount of misinformation available there for debtors considering bankruptcy. If you are considering about filing bankruptcy, there is no reason to be alarmed by this test. If you are well below the state median income, this change will not affect you. Even debtors who are above the state median income generally can qualify for chapter 7 as the expenses are high enough to be eligible. However, if you have an income near your state's median, you should consult a seasoned bankruptcy in Chattahoochee County, Georgia.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia personal bankruptcy attorney

2010-03-20T07:17:00.000-04:00

In 2005 the United States Bankruptcy Code was altered mandating that debtors qualify to seek protection under Chapter 7 bankruptcy. The debtor must first take the Means Test. If the Means Test establishes that the debtor qualifies to file for a Chapter 7 bankruptcy then it is important to understand that there are more conditions. All individuals filing for Chapter 7 bankruptcy protection should attend a debt counseling course within 6 months of filing for Chapter 7 protection. Also the debtor may also be made to attend a financial education course before discharge of the debts. All individuals considering bankruptcy should consult with an experienced Chattahoochee County, Georgia personal bankruptcy as the changes to United States Bankruptcy Code have now made it difficult to qualify for Chapter 7. Prior to filing for bankruptcy under either Chapter 7 or Chapter 13, you must complete credit counseling with a United States Trustee approved agency. You can obtain the list of approved agencies from the United States Trustee’s website located at www.usdoj.gov/ust. This counseling is meant to give you an idea of whether there is a real requirement to file for bankruptcy or if an informal repayment plan can will be sufficient.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia chapter 7 business bankruptcy attorney

2010-03-19T07:15:00.000-04:00

A Chapter 7 case begins when the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor must also file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements include the following information:
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
A list of all of the debtor's property; and
Details of of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the help of a seasoned Chattahoochee County, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complicated.

In Chapter 7, the business ceases its operations and goes completely out of business. A trustee is appointed to liquidate the business’s assets and the amount is used to pay off the debt, which may include debts to creditors and investors.
The first to be paid are the investors who take the least risk. Secured creditors take less risk because the credit that they extend is typically supported by collateral, like a mortgage or other assets of the business. They know they will get paid first if the business declares bankruptcy.
Bondholders have larger chances for getting back their investments unlike stockholders, because bonds are the debt of the company and the business has accepted to pay bondholders interest and to return their principal. Stockholders own the company, and take greater risk. They can make more money if the company does well, but they could lose money if the business does badly. The owners are the last to be repaid if the business closes. Bankruptcy regulations determine the order of payment.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia bankruptcy trustee

2010-03-18T07:14:00.000-04:00

The Chattahoochee County, Georgia bankruptcy trustee in may use, sell, or lease property in the filer’s estate in the ordinary course of business. Besides, a bankruptcy court may allow a trustee to operate the filer’s business for a limited period if continued operation is in the best interests of the estate and the creditors. For example, when the farm debtor is in the hog business and the estate consists of hogs of different sizes, the trustee may be allowed to feed the hogs till they attain market weight so as to maximize the amount recovered by the estate. However, if the livestock owned by a farm debtor is subject to a valid, perfected security interest, the trustee will not, in most cases, undertake the continued care and feeding of the livestock. Rather, the trustee will likely abandon the property so as to restrict the estate's continued responsibility. Though the appointment of a case trustee is rarely occurs in a chapter 11 proceeding, a party in interest or the United States trustee can seek the appointment of a case trustee or examiner at any time prior to confirmation in a chapter 11 case. The judge, on application by a party in interest or the United States trustee and subsequent to notice and hearing, can order the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia Chapter 13 attorney

2010-03-17T07:13:00.000-04:00

Any individual, either self employed or employed with any organization may file a chapter 13 bankruptcy in Chattahoochee County, Georgia and get protection under it. The only condition is that his unsecured debts should be below $336,900 and secured part of the debts less than $ 1,010,650. No corporation can seek assistance or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy petition was dismissed 180 days before the filing. An experienced Chattahoochee County, Georgia Chapter 13 Bankruptcy can help you file for Chapter 13 Bankruptcy. Bankruptcy is a very bad state to be in, for any individual or an organization. However even in such difficult times, there are ways to tackle such situations. Chapter 13 Bankruptcy assists individuals only, to come out of financial crisis under the guidance of a federal bankruptcy court. A debtor having a regular income can restructure his financial position with the assistance of Chapter 13 Bankruptcy. The debtor has to submit a plan with the help of which he or she can repay all his outstanding debts in 3 to 5 years. 5 years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Chattahoochee County, Georgia.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia individual bankruptcy attorney

2010-03-16T07:12:00.000-04:00

An individual can file for bankruptcy under Chapter 7 in Chattahoochee County, Georgia and can have certain debts discharged if they fullfil the necessary criteria. The necessary criteria were established under the BACCP Act and now has both a means test and the necessity to receive credit counseling. The process is complex and you should hire the services of a Chattahoochee County, Georgia ndividual bankruptcy attorney
Before being allowed to file a Chapter 7 bankruptcy a person will need to prove that their disposable income falls below a certain limit which will vary slightly from state to state depending on the average income of that state.
The person will also need to have received credit counseling from an accredited organization at some stage in the 180 days preceeding the bankruptcy petition.
When the Chapter 7 petition has been filed in Chattahoochee County, Georgia, an impartial trustee will be appointed to sell the non-exempt assets of the filer. This trustee generally will be an attorney or someone who understand the bankruptcy regulations and the legal systerm. The trustee will hold a meeting of creditors, usually within 40 days after the date of filing. The debtor should appear at the meeting and should submit to an examination under oath. The examination generally is limited to questions about the extent and whereabouts of the debtor's assets. But, the trustee may ask questions to ensure the filer is aware of the likely results of bankruptcy, including the effect on his credit history, ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. The initiation of a Chapter 7 proceeding in Chattahoochee County, Georgia under the US Bankruptcy Code creates a bankruptcy estate. A trustee is charged with selling all assets of the estate.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia bankruptcy attorney

2010-03-15T07:11:00.000-04:00

Often, people are concerned about who will know about their bankruptcy. Your employer and your landlord will not be notified. You can technically file for bankruptcy every eight years in Chapter 7. In Chapter 13, you can file as many times as is required so long as you have paid at least 70% of your unsecured debt under your last Chapter 13 filing.

All taxes will not be discharged by filing bankruptcy. However, in Chapter 13, you may not have to pay interest or penalties. Under Chapter 7 certain taxes may be discharged. A good Chattahoochee County, Georgia bankruptcy attorney could help you distinguish between those that may qualify from the others.
The bankruptcy process in Chattahoochee County, Georgia has become more complicated and requires detailed planning and consideration. Therefore selecting a good bankruptcy attorney in Chattahoochee County, Georgia is more important now than ever before. Trying to go through this process all alone is a huge error and so is the decision to file prior to talking to an experienced Chattahoochee County, Georgia bankruptcy attorney.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia Chapter 13 Bankruptcy attorney

2010-03-14T07:09:00.001-04:00

A Chapter 13 Bankruptcy has numerous additional advantages over the Chapter 7 Bankruptcy. Unlike Chapter 7 Bankruptcy, in a Chapter 13 Bankruptcy, the individual can at least protect his home from foreclosure. All proceedings will be stayed once he files for Chapter 13 Bankruptcy. He will have a period of 3-5 years to pay off the creditors. A Chapter 13 Bankruptcy permits an individual to reallocate secured debts. It can over a time period, lower the payments that he must make. Finally a debtor will not have any connection or contact with his or her creditors while he or she has filed Chapter 13 Bankruptcy.
A Chattahoochee County, Georgia Chapter 13 Bankruptcy can assist you file for Chapter 13 Bankruptcy. Any person, either self employed or employed with any organization may file a chapter 13 bankruptcy in Chattahoochee County, Georgia and secure protection under it. The only criteria is that the unsecured debts should be less than $336,900 and secured part of the debts less than $ 1,010,650. No corporation may seek help or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy application was dismissed 180 days prior to the filing.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia Chapter 7 attorney

2010-03-13T07:06:00.001-05:00

Chapter 7 deals with selling the debtor’s assets rather than repayment. Earlier filers could choose whether they wanted Chapter 7 or 13. But now, if their income is high, they may not have a choice and should file under Chapter 13. In order to file Chapter 7, the filer would have to prove that his disposable income is less than a certain low sum of money. Consult with an experienced Chattahoochee County, Georgia Chapter 7 attorney to know if you qualify for Chapter 7. Under Chapter 7, assets are sold and the proceeds are used to pay off the filer's creditors. Chapter 13 is about repayment. All income goes into repaying debts. If available income is more than that of the median in the State of Georgia, the debtor’s allowable expenses will be determined by the IRS. This amount should come out of the filer's income during the six-month period prior to the filing. A chapter 11 debtor has a one-time absolute right to convert the chapter 11 proceeding to a proceeding under chapter 7 unless (1) the debtor is not a debtor in possession, (2) the case initially was filed as an involuntary case under chapter 11, or (3) the case was converted to a case under chapter 11 other than at the debtor's request. A debtor in a chapter 11 case does not have an absolute right to have the case dismissed upon request. There are major exceptions to the conversion process in a chapter 11 proceeding. Unless the debtor requests the conversion, section 1112(c) of the United States Bankruptcy Code does not allow the court to convert a case involving a farmer or charitable institution to a liquidation case under chapter 7.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Chattahoochee County, Georgia farm bankruptcy attorney

2010-03-12T07:02:00.000-05:00

Chapter 11 permits the debtor to run its business through a plan of reorganization, that should meet certain statutory criteria. By creating chapter 11, the Congress provided the debtor an opportunity 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. As chapter 11 envisions a running business, the most likely individuals to have knowledge and details of the operation will be the present managers who often continue operations during the chapter 11 case. The main rationale of business reorganizations is that the value of a business as an ongoing concern is greater than it would be if its assets were liquidated. Chapter 12 is a U.S. bankruptcy proceeding exclusively for family farms or fisheries which provides the farm or fishery owner the ability to reorganize his or her finances and debts while still keeping the farm or fishery. The farm or fishery owner must work with the bankruptcy trustee and creditors to determine a payment program that will satisfy his or her owner obligations. This Chapter 12 proceeding in Chattahoochee County, Georgia is available for individually run family farms and fisheries as well as those owned by a corporation or partnership. Chapter 12 was created in 1986 epecially for farms and fisheries to make the bankruptcy process easier for these types of businesses. Prior to Chapter 12, farmers would have to either file for protection under Chapter 11, which can be very expensive and is mainly for large corporations, or Chapter 13, which is essentially for those with relatively small outstanding debts (usually not the case for farms and fisheries). Farm debtors considering bankruptcy should consult a Chattahoochee County, Georgia farm bankruptcy attorney to know about the options.

---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com

Why hire a Columbus, GA Bankruptcy law firm

2010-03-11T02:18:00.000-05:00

Why hire a Columbus, GA Bankruptcy law firm

Before deciding to file bankruptcy yourself, ask a few questions.
1. Do you know the means test?
2. How long does it take to discharge a bankruptcy?
3. What is a Summary of Schedules?
4. Do you know the Schedule D, E or F?

If you are unable answer these questions without looking up assistance from the Internet, you are probably not prepared to file bankruptcy yourself. These Schedules are simply a minute part of the filing process. Bankruptcy lawyers in Columbus, GA are professionals who understand how to work with the legal system to make the process of discharging debt as quick and painless as possible. There are few people like a bankruptcy attorney who are knowledgeable enough about law to handle an immediate or emergency request for filing from the court and a single mistake can result in debts not being discharged or the bankruptcy being drawn out over months and months.

Getting rid of that fear when the phone rings can be a quick and easy process. Debt that is riding over your head can be discharged and the price of a lawyer to handle the filing is nothing compared to the effect on your personal life if bankruptcy proceedings go wrong. Although you can file bankruptcy yourself, don’t risk the potential negative outcome to save a few dollars.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 11

2010-03-10T02:17:00.000-05:00

Columbus, GA Chapter 11

In Columbus, GA Chapter 11 is a bankruptcy chapter availed by to individuals, sole proprietors and corporations who want to reorganize and repay debts. Chapter 11 may also be used by large farming organizations that do not qualify for Chapter 12; a bankruptcy chapter exclusively for family farmers and fishermen. Chapter 11 requires debtors to carry a minimum debt load of $336,900 of unsecured debts and a maximum of $1,010,650 in secured debts. Debtors filing for Chapter 11 bankruptcy should submit a proposed repayment plan with creditors during the 341 creditor meeting. The meeting generally takes place within 30 to 90 days after filing of the bankruptcy petition. Chapter 11 debt reorganization plans are typically broken down by creditor classification. Loans that are secured by real estate are often repaid over an extended time period. Unsecured loans are reorganized depending on the expected life cycle of the collateral. For example, debts for office equipment might be repaid over five years, while loans for machinery can be repaid over ten years. Bankruptcy repayment plans are confirmed through the court using a three-step process. First, you must to develop a repayment plan. Secondly, creditors have to accept the plan. Third, the plan is submitted to a judge at a confirmation hearing. The judge reviews the repayment proposal to make sure you have the financial means to work through on your plan. Upon confirmation of Chapter 11, all debts except non-dischargeable debts will be discharged.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 13 Discharge

2010-03-09T02:16:00.000-05:00

Columbus, GA Chapter 13 Discharge

Chapter 13 Bankruptcy filings in Columbus, GA stays foreclosure actions from happening. It may allow you to breathe easier preventing you from being physical removed from the house. Chapter 13 Bankruptcy filings in Columbus, GA do not require the liquidation of assets. Chapter 7 Bankruptcy results in liquidation of the assets. So, probably Chapter 13 Bankruptcy is better suited to meet your requirements than a Chapter 7 bankruptcy. Another advantage of filing Chapter 13 Bankruptcy is that the collection efforts will stop during the bankruptcy process. Collectors are not permitted to call, harass and/or disrupt your business and personal life during this time. It is a relief not having to deal with creditors, banks, and businesses who are contacting you nonstop for the purpose of collecting. It is a major relief for people in debt is to eliminate this one factor. It makes a huge difference allowing the person to think better. Bankruptcy will enable you to start new life by wiping out majority of the debts. Once a debt is discharged in bankruptcy, the creditor cannot enforce the debt against the debtor nor initiate any collection activity. You need not pay that debt. But certain debts must be paid and will not be discharged by bankruptcy. These are: 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 any debt 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.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 7 Bankruptcy for individuals and business Individuals

2010-03-08T02:15:00.000-05:00

Columbus, GA Chapter 7 Bankruptcy for individuals and business Individuals

An individual can file for bankruptcy under Chapter 7 in Columbus, GA and can have certain debts discharged if they fulfill the necessary criteria. The necessary requirements were established by the BACCP Act and now include both a means test as well as the necessity to undergo credit counseling.

Before being allowed to file a Chapter 7 bankruptcy a person will need to establish that their disposable income is below a certain limit which will differ slightly from state to state depending on the average income of that state.

The person is also required to have received credit counseling from an accredited organization at some stage in the 180 days preceding the bankruptcy petition.
Under Chapter 7 bankruptcy certain assets may be retained by the person while others will be sold off to pay back some of the creditors.

There are also certain debts which cannot be discharged under Chapter 7 bankruptcy. These include debts like child support, property taxes, income taxes incurred in the past three years, student loans and fines.

Business
A business may file for bankruptcy under Chapter 7 in Columbus, GA when they are deeply in debt and cannot service the debt with the present income of the business.

In a Chapter 7 bankruptcy generally there will be a cessation of operations. The trustee will take stock of the assets of the business and sell these off in an attempt to pay off its debts with the proceeds from the sale of the assets. When the business is very large, individual divisions of the business may be sold to pay off the creditors. Under a Chapter 7 bankruptcy for a business the debt is not discharged instead the business is dissolved.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Bankruptcy filing

2010-03-07T02:14:00.000-05:00

Columbus, GA Bankruptcy filing

There are several ways of filing bankruptcy in Columbus, GA. The filing system depends upon the debtor’s present financial condition. If you have no money, then you have to complete the procedure yourself. If you have enough money to appoint a petition preparer, then your best approach for filing bankruptcy would be to let him prepare your documents and do the rest by yourself. But when you are able to hire a bankruptcy attorney, then your best option is to let a bankruptcy law firm do all the work.

Prior to filing bankruptcy you must recognize what bankruptcy is. It is an opportunity that can be availed by anyone. If an individual is in such deep financial trouble that he can't repay his creditors, then he is the best applicant for filing bankruptcy.

There are two types bankruptcy filing that are common. You should justify which type is suitable for you. Chapter 7 bankruptcy can wipe out virtually all of the debts. Chapter 13 is the second type of bankruptcy. Through this process the debtor has to repay the creditors. But you will get a long time for this and the repayment amount will depend on your income.

After you choose the right chapter, you should start your work for filing bankruptcy in Columbus, GA. You can also do this online. However you should use the services of a Columbus, GA bankruptcy lawyer.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Bankruptcy lawyer

2010-03-06T02:13:00.000-05:00

Columbus, GA Bankruptcy lawyer

The bankruptcy process in Columbus, GA has become more complicated and needs detailed planning and consideration. So selecting a seasoned bankruptcy attorney in Columbus, GA is more important now than ever before. Trying to go through this process all alone is a big error and so is the decision to file before talking to bankruptcy lawyers.

When you select to go it alone, you may be making many mistakes that will cost you. For instance, a bankruptcy lawyer can assist you understand numerous things you should avoid, such as certain purchases or loans you may make immediately prior to filing for bankruptcy. If you repay a loan that was made to you recently by a family member, the bankruptcy court can force you to collect this amount in order to pay your creditors.

You may also be surprised to know of other options that are available to you other than Chapter 7. All these options may not be known to you if you don't seek the assistance of bankruptcy lawyers in Columbus, GA.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Filing Chapter 13 Bankruptcy in Columbus, GA

2010-03-05T02:12:00.000-05:00

Filing Chapter 13 Bankruptcy in Columbus, GA

Any person, either self employed or employed with an organization can file a chapter 13 bankruptcy in Columbus, GA and get protection under it. The only condition is that the unsecured debts should be lower than $336,900 and secured part of the debts lower than $ 1,010,650. No corporation may seek assistance or file chapter 13. An individual cannot file for chapter 13 when his bankruptcy application was dismissed 180 days before the filing.

Chapter 13 bankruptcy which usually begins with filing of the case in the federal court in the place where the debtor stay. A debtor should produce certain documents stating his current income and expenditure, his liabilities, unexpired leases, and his financial status. Besides that the debtor also must provide a certificate from an approved credit counselor stating that he or she has attended credit counseling and a plan showing the debt repayment plan.

There are few predefined fees for filing an application under Chapter 13 of the United States bankruptcy code. The fees can also be paid in installments. When the bankruptcy application is filed all collections against the debtor is stopped with immediate effect. If the debtor pays the dues on time, the debtor enjoys protection under chapter 13 of the Federal Bankruptcy Code. Within 50 days the trustee schedules a meeting with the creditors. At this meeting, the debtor is put to several questions and the plan is arrived at detailing how the debtor will repay his or her debts.

The debtor has to follow the repayment plan, and if he or she fails to make regular payments as per the plan, the court may dismiss the petition and change it to a liquidation proceeding under Chapter 7. Hence if you file a Chapter 13 petition, you must religiously follow the repayment plan and make the payments.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 13 Bankruptcy

2010-03-04T02:11:00.000-05:00

Columbus, GA Chapter 13 Bankruptcy

Bankruptcy is a really terrible state to be in, for any person or a party. However even in such difficult times, there are ways to handle such situations. Chapter 13 Bankruptcy helps individuals only, to come out of financial crisis under the guidance of a federal bankruptcy court. The debtor with a regular income can restructure his financial position with the help of Chapter 13 Bankruptcy. The debtor must submit a plan with the help of which he or she can repay all his outstanding debts in three to five. Five years is the maximum time period of the repayment plan for a Chapter 13 Bankruptcy in Columbus, GA.

A Chapter 13 Bankruptcy has many added advantages over a Chapter 7 Bankruptcy. Unlike Chapter 7 Bankruptcy, in a Chapter 13 Bankruptcy, an individual can at least save his home from foreclosure. All proceedings will be stayed after he files for Chapter 13 Bankruptcy. He will have a period of 3-5 years to pay off the creditors. The Chapter 13 Bankruptcy permits the individual to reallocate secured debts. It can over a time period, lower the payments which he should make. Finally the debtor will not have any connection or contact with his or her creditors if he or she has filed Chapter 13 Bankruptcy.

A Columbus, GA Chapter 13 Bankruptcy Law firm can assist you file for Chapter 13 Bankruptcy.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Bankruptcy forms

2010-03-03T02:11:00.000-05:00

Columbus, GA Bankruptcy forms

While the first bankruptcy form you fill up will besimple, as you move forward through the bankruptcy forms, they will become more complex.

Just how complex is it? The first form - Form B1 is accompanied by an instruction guide totaling 14 entire pages! When you are filing jointly with another person, then you will obviously need to complete the Codebtors form B6H (Schedule H), however other than this form, you may also require to complete few or all of the following:
Form B2 (Declaration); Form B3 (either A or B depending on your situation); B4, B5 as well as some or all of the schedules (B6 A through J). Other than these, you should fill the financial statement information (Form B7) besides forms B8 (that is the Statement of Intention); B9 plus B9C (when you are an individual or are filing jointly), and various others!

Without question, the process of filing for Chapter 7 bankruptcy is a difficult one. You can complete the forms on your own and save some dollars, however it will probably come with a few migraine headaches, something you are probably seeking to avoid in the first place.

Therefore, when deciding to file for Chapter 7 in Columbus, GA seeking professional assistance of a Columbus, GA Chapter 7 law firm.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, GA Chapter 7 Bankruptcy

2010-03-02T02:09:00.000-05:00

Columbus, GA Chapter 7 Bankruptcy

Selecting to voluntarily file for Chapter 7 Bankruptcy is a difficult decision to make for most people. After all, filing Chapter 7 essentially is your way to invite your creditors to sell all of your assets and divide the proceeds amongst themselves to repay your debt.

Filing for Chapter 7 Bankruptcy is an emotionally difficult decision. There are numerous forms that need to be completed. The filing for bankruptcy will be a complicated matter. So complex, in fact, that it has created the opportunity for people to actually charge for their service of assisting you with the complex paperwork.

Filling these bankruptcy forms can be a complicated job. Starting with knowing which forms to complete, you will very soon notice that it will be easy to overlook a specific form, causing potential delays in the bankruptcy filing process. For example, if you are filing for Chapter 7 as a single debtor, there can typically be confusion as to whether other forms need to be completed.

For starters, when you are filing for Chapter 7 bankruptcy, you will begin with Form B1. This is the starting point for those filing for any type of Bankruptcy (Chapter 11, 13, and all others). In simple words, it is essentially the starting point. So, the information provided in this form is very basic. As you progress through these bankruptcy forms, they will become more tough. Hence if you are filing for Chapter 7 bankruptcy in Columbus, GA, seek the services of a bankruptcy lawyer in Columbus, GA.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Bankruptcy discharge

2010-03-01T02:00:00.000-05:00

Muscogee County, Georgia 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 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 give up 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 Muscogee County, Georgia include:
1. Failure of the debtor to keep or produce adequate books or financial records;
2. Failure of the debtor to explain satisfactorily any loss of assets;
3. The debtor committed a bankruptcy crime such as perjury;
4. Debtor’s failure 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 Muscogee County, Georgia is eligible to get a discharge upon successful completion of the payments under the Chapter 13 plan. In return for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for 3 to 5 years, a broader discharge is available under Chapter 13 than in a Chapter 7 case.
Usually, the debtor in Muscogee County, Georgia is discharged from all debts provided for by the plan or debts that are disallowed, 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Chapter 20 Bankruptcy

2010-02-28T02:00:00.000-05:00

Muscogee County, Georgia 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. You are 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 will erase the debt and give the debtor a new start financially. Some debts must still be paid. It is a rather longish list, but the following 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 tries 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 be over after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent 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 one 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 subsequent filing, provided there is a legitimate reason.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chapter 11 Bankruptcy in Muscogee County, Georgia

2010-02-27T01:59:00.000-05:00

Chapter 11 Bankruptcy in Muscogee County, Georgia

Federal bankruptcy rules govern how corporations in Muscogee County, Georgia go out of business or recover from crippling debt. A bankrupt company can use Chapter 11 of the US Bankruptcy Code to reorganize its activities and attempt to become profitable again. The company 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 to allow the debtor to continue his 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 case in Muscogee County, Georgia. 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 provide for the repayment of loans secured by real property 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Bankruptcy and Tax in Muscogee County, Georgia

2010-02-26T01:58:00.000-05:00

Bankruptcy and Tax in Muscogee County, Georgia

If you are an individual debtor in Muscogee County, Georgia filing for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , a separate ‘‘estate’’ is created consisting of property that belonged to you prior to the filing date. The bankruptcy estate will be 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 prior to 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.

This 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Chapter 11 and 13

2010-02-25T01:58:00.000-05:00

Muscogee County, Georgia Chapter 11 and 13

A debtor under Chapter 11 in Muscogee County, Georgia 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 permit the debtor to continue the operation of the business. Basically 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 filing of the bankruptcy case. Under a typical reorganization plan, 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 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 proceeding in Muscogee County, Georgia permits 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. Those who file under this chapter can keep their assets 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 the debtor to use future earnings to pay off creditors.

A chapter 13 bankruptcy is also referred to 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 clear their debts but cannot to do so in a timely way. The purpose of Chapter 13 is to enable financially distressed individual debtors to propose and carry 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Chapter 11

2010-02-24T01:57:00.000-05:00

Muscogee County, Georgia Chapter 11

Federal bankruptcy laws determine how companies go out of business or recover from crippling financial crisis. A bankrupt company may use Chapter 11 of the Federal Bankruptcy Code to reorganize its business and try to become profitable again. Management continues to run the routine business operations, but all important business decisions should be approved by a bankruptcy court.

If you own a business or corporation n Muscogee County, Georgia Chapter 11 is a reorganization proceeding to consider. There are certain requirements the debtor should meet. Some individuals whose debts are more than the limits of Chapter 13 can file Chapter 11. In Chapter 11, the debtor usually remains in possession of assets and continues to operate any business, subject to the oversight of the court and the creditors committee. The debtor proposes 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 call for repayment out of future income or sales of some or all of the assets.

In chapter 11 proceedings in Muscogee County, Georgia the United States trustee, a federal employee, can not act 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 file a plan. The case trustee, on the other hand, is responsible for management of the assets of the estate, management of the debtor's business, and, if required, the submission of a plan of reorganization. Section 1106 of the Federal Code mandates the trustee to submit a plan "as soon as practicable" or, alternatively, to file a report demonstrating why a plan will not be submitted or to recommend that the case be converted to another chapter or dismissed.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Medical Bills and Bankruptcy in Muscogee County, Georgia

2010-02-23T01:56:00.000-05:00

Medical Bills and Bankruptcy in Muscogee County, Georgia

Medical bills from a temporary illness or bills due to chronic health problems bring many individuals to the edge of financial illness in Muscogee County, Georgia. Even in situations with the best medical insurance available, taking time off from employment and loss of earnings will adversely affect a person's finances. If you have significant medical bills, filing a Chapter 7 Bankruptcy can discharge your medical bills completely. If the bankruptcy means test says 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, as well as most type of medical debt. Medical bills are considered unsecured debts, and are treated in bankruptcy just like credit cards. Therefore, medical bills can be completely eliminated in a Chapter 7 Bankruptcy.

Filing a bankruptcy case in Muscogee County, Georgia stops creditors from taking action against you. What stops creditors from taking steps is the automatic stay - an injunction passed by the court as soon as the case is filed. This automatic stay remains in effect until the case is over. On motion, and after a hearing before the bankruptcy judge, a creditor may obtain an order granting relief from the stay. An order granting relief from the automatic stay permits a creditor to take certain specified actions, which will be spelled out in the order, to collect a debt against you.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Bankruptcy Attorney

2010-02-22T01:55:00.000-05:00

Muscogee County, Georgia Bankruptcy Attorney

The bankruptcy attorney’s job in Muscogee County, Georgia is complex, and a lot of responsibility for ensuring checks is put on the lawyer. The lawyer’s signature certifies that the petition has been properly inspected, and the proceeding does not abuse the bankruptcy process. The lawyer should also certify that the proceeding is acceptable under the existing rules or that it is a good faith argument for the extension/modification of the current law. In case of a violation, the lawyer fees and the debtor cost will be assessed and made payable to the trustee.

You initial consultation with your bankruptcy attorney in Muscogee County, Georgia is usually free. During the first meeting, you must honestly explain your situation to the attorney and try to gauge if you are comfortable with the lawyer and their staff. At the same time the lawyer will give you feedback on your situation and the options available.

When meeting with the attorney in Muscogee County, 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 attorney in terms of representation. Also check whether 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 make sure that you are comfortable with the fact that you are appointing him as your bankruptcy attorney.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Bankruptcy Chapters 11 and 13

2010-02-21T01:55:00.000-05:00

Muscogee County, Georgia Bankruptcy Chapters 11 and 13

An ordinary person can file under chapter 11 in Muscogee County, Georgia however, the provisions of chapter 11 are often used to reorganize a business. Chapter 11 permits the debtor to operate its business through a plan of reorganization, that should meet certain legal requirements. By creating 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 provide a return for its stockholders.

When the bankruptcy means test determines that you cannot file for Chapter 7 Bankruptcy in Muscogee County, Georgia you can instead opt to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court supervised payment plan which will permit you to retain your most important property while repaying the debts over time. If you file for Chapter 13 Bankruptcy you might be able to substantially decrease your medical bills. Chapter 13 will 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 forces unsecured creditors like medical providers, hospitals, and doctor’s to accept pennies on the dollar.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Muscogee County, Georgia Bankruptcy

2010-02-20T01:49:00.000-05:00

Muscogee County, Georgia Bankruptcy

Bankruptcy case in Muscogee County, Georgia 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 seeking bankruptcy protection. An independent taxable entity is created if the bankruptcy petition is submitted by an individual under chapter 7 or chapter 11 of the Federal Bankruptcy Code.

The bankruptcy petition is a document which starts the bankruptcy process. The petition can be a voluntary petition, that is filed by the debtor, or it may be an involuntary one, which is filed by creditors who fulfill certain requirements. The voluntary petition must be as prescribed 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 when filing for bankruptcy in Muscogee County, Georgia has increased. For instance, you must provide additional information that details all income and expenses. When the expenses exceed the IRS allowance, a special circumstances document must be submitted which reasons the necessity of the extra expense incurred. A statement of accuracy should also be submitted, along with these special circumstance documents.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Bankruptcy discharge

2010-02-19T07:00:00.000-05:00

Harris County, GA Bankruptcy discharge

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

The general grounds for denying a discharge to an individual debtor in Harris County, GA include:
1. The debtor failed to keep or produce adequate books or financial records;
2. Debtor’s failure to explain satisfactorily any loss of assets;
3. The debtor committed a bankruptcy crime such as perjury;
4. Failure of the debtor 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 Harris County, GA is entitled to get a discharge on successful completion of entire payments under the repayment 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 wider discharge is available under Chapter 13 than in a Chapter 7 case.

Generally, the individual in Harris County, GA 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. 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Chapter 20 Bankruptcy

2010-02-18T06:59:00.000-05:00

Harris County, GA Chapter 20 Bankruptcy

Most of your debts will be discharged by bankruptcy. A debt discharged in bankruptcy is no longer enforceable against the debtor personally. You are 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 will 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 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.

A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments 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 can 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 attempt to overcome this law by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one 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 careful: certain 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 subsequent filing, if there is a legitimate reason.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chapter 11 Bankruptcy in Harris County, GA

2010-02-17T06:58:00.000-05:00

Chapter 11 Bankruptcy in Harris County, GA

Federal bankruptcy rules determine how companies in Harris County, GA go out of business or recover from crippling debt. A bankrupt corporation can file under Chapter 11 of the US Bankruptcy Code to reorganize its activities and try to become profitable again. Management continues to operate the routine business operations, but all significant business decisions should be approved by a bankruptcy court.

Chapter 11 permits a debtor to 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 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 Harris County, GA. 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 attempts to restructure the 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 will be proposed to be paid over the remaining useful life of the security, which is generally five to ten years.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Bankruptcy and Tax in Harris County, GA

2010-02-16T06:57:00.000-05:00

Bankruptcy and Tax in Harris County, GA

If you are an individual debtor in Harris County, GA filing for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , an independent ‘‘estate’’ is established consisting of assets which belonged to you prior to the date of filing. The bankruptcy estate will be a new taxable entity, totally independent 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 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 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 US government. It does not apply to any penalty for failure to timely file a return.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Chapter 11 and 13

2010-02-15T06:56:00.000-05:00

Harris County, GA Chapter 11 and 13

Chapter 11 bankruptcy in Harris 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 so as to permit 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 filing of the bankruptcy proceeding. Under a typical reorganization agreement, 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 security, which is typically five to ten years.

Chapter 13 bankruptcy filing in Harris County, GA 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 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 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 propose and carry 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.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Chapter 11

2010-02-14T06:56:00.000-05:00

Harris County, GA Chapter 11

Federal bankruptcy laws decide how corporations go out of business or recover from deep debt. A bankrupt corporation might file under Chapter 11 of the US Bankruptcy Code to reorganize its business and attempt to become profitable again. Management continues to operate the routine business activities, but all major business decisions have to be approved by a bankruptcy court.

If you own a business or corporation n Harris County, GA Chapter 11 is a reorganization proceeding to consider. There are certain circumstances you must meet. Some individuals whose debts are more than the limits of Chapter 13 may file Chapter 11. In Chapter 11, the debtor usually remains in possession of assets and continues to operate any business, under the supervision of the court and the creditors committee. The debtor proposes a plan of reorganization to the creditors, who vote on it. If accepted by the majority, the plan is confirmed by the court and it becomes binding on you and your creditors. Plans can provide for repayment out of future income or sales of some or all of the assets.

In chapter 11 cases in Harris County, GA the United States trustee, a federal employee, will not act 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 may not submit a plan. The case trustee, however, is responsible for management of the property of the estate, operation of the debtor's business, and, if necessary, the filing of a plan of reorganization. Section 1106 of the United States Code authorizes the trustee to submit a plan "as soon as practicable" or, alternatively, to file a report detailing why a plan will not be filed or to recommend that the proceeding be converted to another chapter or dismissed.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Medical Bills and Bankruptcy in Harris County, GA

2010-02-13T06:55:00.000-05:00

Medical Bills and Bankruptcy in Harris County, GA

Medical bills from a temporary illness or bills due to chronic medical problems push many people to the edge of financial downfall in Harris County, GA. Even in situations with the best medical insurance available, taking time off of job and loss of income will adversely affect a person's finances. If 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 discharge 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 completely discharged in a Chapter 7 Bankruptcy.

Filing a bankruptcy case in Harris County, GA prohibits creditors from taking action against the debtor. What prevents creditors from taking steps is the automatic stay - an injunction issued by the court as soon as the case is filed. The automatic stay remains in effect until the case is closed. On motion, and after a hearing before the bankruptcy judge, a creditor may get an order granting relief from the stay. An order granting relief from the automatic stay permits a creditor to take certain permitted actions, which will be spelled out in the order, to collect a debt against you.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Bankruptcy Lawyer

2010-02-12T06:54:00.000-05:00

Harris County, GA Bankruptcy Lawyer

The bankruptcy lawyer’s job in Harris County, GA is difficult, and a lot of responsibility for ensuring checks is put on the attorney. The lawyer’s signature certifies that the petition has been reasonably inspected, and the proceeding does not abuse the bankruptcy process. The attorney must 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 current rules. If there is a violation, the lawyer fees and the debtor cost can be determined and made payable to the trustee.

You first meeting with your bankruptcy attorney in Harris County, GA is usually free. During the first meeting, you should honestly explain your situation to the attorney and try to gauge 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 Harris County, GAfind 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 attorney 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 lawyer or staff. Ask as many questions as you need and make sure that you are comfortable with the fact that you are appointing him as your bankruptcy lawyer.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Bankruptcy Chapters 11 and 13

2010-02-11T06:54:00.000-05:00

Harris County, GA Bankruptcy Chapters 11 and 13

An ordinary person may file under chapter 11 in Harris County, GA but, the provisions of chapter 11 are often used to reorganize a business. Chapter 11 permits the debtor to run its business through a plan of reorganization, which must fulfill certain legal criteria. By creating chapter 11, the Congress provided the debtor an opportunity 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 determines that you cannot file for Chapter 7 Bankruptcy in Harris County, GA you can instead opt to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court supervised repayment plan that will allow you to keep your most important assets while repaying the debts over a period of time. If you file for Chapter 13 Bankruptcy you may be able to significantly reduce your medical bills. Chapter 13 can allow you to pay off the medical bills over a 3 to 5 year period of time based on your disposable income. Quite often, Chapter 13 Bankruptcy forces unsecured creditors such as medical providers, hospitals, and doctor’s to accept pennies on the dollar.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Harris County, GA Bankruptcy

2010-02-10T06:52:00.000-05:00

Harris County, GA Bankruptcy

Bankruptcy process in Harris County, GA starts with the filing of a petition with the bankruptcy court. The filing of the petition establishes a bankruptcy estate, that usually consists of all the assets of the person filing the bankruptcy petition. An independent taxable entity is established when the bankruptcy petition is submitted by an individual under chapter 7 or chapter 11 of the Federal Bankruptcy Code.

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

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

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Bankruptcy discharge

2010-02-09T04:18:00.000-05:00

Chattahoochee 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 and unsecured debt and how each of these is dealt with can vary from case-to-case. An individual filing under chapter 7 of the US Bankruptcy Code may have to surrender 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 Chattahoochee County, GA 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. Failure of the debtor 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 Chattahoochee County, GA is eligible to obtain a discharge upon successful completion of all payments under the Chapter 13 plan. In return for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for 3 to 5 years, a broader discharge is available under Chapter 13 than in a Chapter 7 case.
As a general rule, the individual in Chattahoochee County, 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. 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.

---------------------
Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Chapter 20 Bankruptcy

2010-02-08T04:17:00.000-05:00

Chattahoochee 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 the debtor personally. You are 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 avoided (or cleared) by the bankruptcy court. A bankruptcy discharge will erase the debt and give the debtor a new start financially. Some debts must still be paid. 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 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.

A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments 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 every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Few debtors try to overcome this law by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should know that missing even one mortgage payment after filing the initial "Chapter 7" petition can cost them their ability to save their home 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. Some judges will allow the subsequent filing, provided there is a legitimate reason.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chapter 11 Bankruptcy in Chattahoochee County, GA

2010-02-07T04:16:00.000-05:00

Chapter 11 Bankruptcy in Chattahoochee County, GA

Federal bankruptcy laws govern how companies in Chattahoochee County, GA go out of
business or recover from deep debt. A bankrupt company might file under Chapter 11 of the US Bankruptcy Code to reorganize its business and attempt to become profitable again. The company continues to operate the day-to-day 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 debts of the business are restructured so as to permit the debtor to continue his business operation. In general any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 proceeding in Chattahoochee 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 attempts to restructure the 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.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Bankruptcy and Tax in Chattahoochee County, GA

2010-02-06T04:15:00.000-05:00

Bankruptcy and Tax in Chattahoochee County, GA

If you are an individual debtor in Chattahoochee County, GA filing for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , an independent ‘‘estate’’ is established consisting of property which belonged to you before the date of filing. This bankruptcy estate will be a new taxable entity, totally independent 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 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 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Chapter 11 and 13

2010-02-05T04:15:00.000-05:00

Chattahoochee County, GA Chapter 11 and 13

Chapter 11 bankruptcy in Chattahoochee County, GA allows a debtor to 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 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. Under Chapter 11, only the debtor can 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 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 security, which is typically five to ten years.

Chapter 13 bankruptcy proceeding in Chattahoochee County, GA 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 properties with them while they stick to the plan or after they have paid off the required portion of debt. It involves the rehabilitation of the debtor to let the debtor to use future earnings to pay off creditors.

A chapter 13 bankruptcy is also referred to 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 especially for individuals with regular income who want to clear their debts but are unable to do so in a timely manner. The purpose of this chapter is to enable financially distressed individual debtors to propose and carry out a repayment plan under which creditors are paid 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Chapter 11

2010-02-04T04:14:00.000-05:00

Chattahoochee County, GA Chapter 11

Federal bankruptcy laws govern how corporations go out of business or recover from crippling debt. A bankrupt corporation might file under Chapter 11 of the US Bankruptcy Code to reorganize its activities and try to become profitable again. The company continues to run the day-to-day business activities, however all significant business decisions must be approved by a bankruptcy court.

If you own a business or corporation n Chattahoochee County, GA Chapter 11 is a reorganization proceeding that should be considered. There are certain requirements you should meet. Some individuals whose debts are more than the limits of Chapter 13 can file Chapter 11. In Chapter 11, the debtor generally 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 the debtor and the creditors. Plans can provide for repayment out of future income or sales of some or all of the assets.

In chapter 11 cases in Chattahoochee County, GA the United States trustee, a federal employee, will not function as a case trustee, who is often a private individual. The United States trustee is responsible for observing all chapter 11 proceedings and has authority 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 property of the estate, management of the debtor's business, and, if necessary, the submission of a plan of reorganization. Section 1106 of the United States Code authorizes the trustee to file a plan "as soon as practicable" or, alternatively, to submit a report demonstrating why a plan will not be submitted or to recommend that the proceeding be converted to another chapter or dismissed.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Medical Bills and Bankruptcy in Chattahoochee County, GA

2010-02-03T04:13:00.000-05:00

Medical Bills and Bankruptcy in Chattahoochee County, GA

Medical bills from a temporary illness or bills because of chronic medical problems bring many people to the edge of financial illness in Chattahoochee County, GA. Even in situations where people have the best medical insurance available, taking time off from job and loss of income will strain a person's finances. If 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 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 will be considered in bankruptcy similar to credit cards. Therefore, medical bills can be completely eliminated in a Chapter 7 Bankruptcy.

Filing a bankruptcy case in Chattahoochee County, GA prohibits creditors from taking action against the debtor. What prohibits creditors from taking steps is the automatic stay - an injunction issued by the court as soon as you file the case. This automatic stay remains in effect until the case is complete. 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 permits a creditor to take certain specified actions, which will be spelled out in the order, to collect a debt against you.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Bankruptcy Attorney

2010-02-02T04:04:00.000-05:00

Chattahoochee County, GA Bankruptcy Attorney

The bankruptcy attorney’s job in Chattahoochee County, GA is complex, and a lot of responsibility for ensuring checks is put on the lawyer. The attorney’s signature certifies that the petition has been reasonably inspected, and the proceeding is not an abuse of the bankruptcy process. The lawyer should also certify that the proceeding is acceptable under the current rules or that it is a good faith argument for the extension/modification of the current law. In case of a violation, the attorney fees and the debtor cost will be determined and made payable to the trustee.

You initial meeting with your bankruptcy lawyer in Chattahoochee County, GA is generally free. During the initial meeting, you should frankly explain your situation to the attorney and try to gauge if you are comfortable with the lawyer and their staff. At the same time the attorney will provide you with feedback on your situation and your options available.

When talking with the attorney in Chattahoochee County, GAfind 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 lawyer 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 lawyer.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Bankruptcy Chapters 11 and 13

2010-02-01T04:03:00.000-05:00

Chattahoochee County, GA Bankruptcy Chapters 11 and 13

An ordinary person can file under chapter 11 in Chattahoochee County, GA but, the provisions of chapter 11 are often availed to reorganize a business. Chapter 11 permits the debtor to manage its business through a plan of reorganization, which must fulfill certain legal criteria. By legislating chapter 11, the Congress provided the debtor an opportunity to restructure its finances so that it can continue to operate, provide its employees with jobs, pay its creditors, and provide a return for its stockholders.

If the bankruptcy means test shows that you cannot file for Chapter 7 Bankruptcy in Chattahoochee County, GA you may instead opt to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court administered payment plan that can permit you to keep your most important assets while paying off 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. Quite often, Chapter 13 Bankruptcy compels unsecured creditors like medical providers, hospitals, and doctor’s to accept pennies on the dollar.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chattahoochee County, GA Bankruptcy

2010-01-31T04:00:00.000-05:00

Chattahoochee County, GA Bankruptcy

Bankruptcy process in Chattahoochee County, GA begins with the filing of a petition in the bankruptcy court. The filing of the petition establishes a bankruptcy estate, that usually consists of all the assets of the person seeking bankruptcy protection. An independent taxable entity is established when the bankruptcy petition is submitted by an individual under chapter 7 or chapter 11 of the Federal Bankruptcy Code.

The bankruptcy petition is the document that initiates the bankruptcy process. A petition may be a voluntary petition, which is filed by the debtor, or it can be an involuntary one, that 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 purchased at legal stationary stores.

The documentation required at the time of filing for bankruptcy in Chattahoochee County, GA has increased. For example, the debtor must provide additional information that details all income and expenses. In cases where the expenses are more than the IRS allowance, a special circumstances document must be submitted which details 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, Georgia Bankruptcy discharge

2010-01-30T01:37:00.000-05:00

Columbus, 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 and unsecured debt and how each of these is handled can differ from case-to-case. An individual filing under chapter 7 of the Federal Bankruptcy Code may have to give up a portion of his or her assets in order to satisfy some of the debts owed to the creditors.

The usual grounds for denying a discharge to an individual debtor in Columbus, Georgia 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 committed a bankruptcy crime such as perjury;
4. Debtor’s failure 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 Columbus, Georgia is entitled to obtain a discharge upon successful completion of the payments under the Chapter 13 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 available under Chapter 13 than in a Chapter 7 case.
Generally, the individual in Columbus, Georgia is discharged from all debts provided for by the plan or debts that are rejected, 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.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Columbus, Georgia Chapter 20 Bankruptcy

2010-01-29T01:36:00.000-05:00

Columbus, Georgia Chapter 20 Bankruptcy

Most of your debts will be discharged by bankruptcy. 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. The debtor 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 the following 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 discharge the debtor from any debt 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. Few debtors try to circumvent this restriction 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 home in a subsequent "Chapter 13" filing. Be warned: some judges and creditors see the move as a scam. Creditors have the right to object and the judge can dismiss the action. Few judges will allow the second filing, provided there is a legitimate reason.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Chapter 11 Bankruptcy in Columbus, Georgia

2010-01-28T01:34:00.000-05:00

Chapter 11 Bankruptcy in Columbus, Georgia

Federal bankruptcy rules determine how corporations in Columbus, Georgia go out of business or recover from deep debt. A bankrupt corporation might use Chapter 11 of the US Bankruptcy Code to reorganize its activities and attempt to become profitable again. Management continues to operate the daily business activities, but 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 permit the debtor to continue the operation of the business. Basically any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 case in Columbus, Georgia. 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 include the repayment of loans secured by real estate to be paid over an extended 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Bankruptcy and Tax in Columbus, Georgia

2010-01-27T01:33:00.000-05:00

Bankruptcy and Tax in Columbus, Georgia

If you are an individual debtor in Columbus, Georgia who files for bankruptcy under chapter 7 or 11 of the Federal Bankruptcy Code in , an independent ‘‘estate’’ is created consisting of assets which belonged to you prior to the filing date. The bankruptcy estate will be a new taxable entity, completely separate 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 if:
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 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.

This 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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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com

Augusta GA Bankruptcy lawyer

2010-01-26T11:05:00.000-05:00

Augusta GA Bankruptcy lawyer - Bankruptcy Facts

Bankruptcy falsehoods in Columbia County Georgia

EMPLOYERS WONT EMPLOY YOU AND YOU WILL NOT BE ABLE TO LEASE AN APARTMENT IF YOU FILE BANKRUPTCY
This is not true. Employers do not like to have workers that will be contacted by creditors and their collection tactics at the office or at home, because then the employee is unfocused and anxious about their financial situation. Nor does the employer want to deal with the additional accounting due to wage executions. Also, landlords prefer tenants who can use their wages to pay rent, not those paying off debts instead.

BEFORE FILING, YOU MIGHT AS WELL USE YOUR CREDIT CARDS TO THE MAX

This is again not true. Any large purchases of more than $550 for luxury goods bought within 90 days prior to filing and cash advances of $825 within 70 days prior to filing will not be discharged. Such activity could result in criminal charges against you. Bankruptcy is not meant as a way to deceive creditors and instead for the debtor who is trying to get a fresh start.
YOU SHOULD DO EVERYTHING YOU CAN TO AVOID FILING BANKRUPTCY; INCLUDING LIQUIDATING ACCOUNTS
Once again, this is false. Retirement funds are one of the exemptions, which means they are protected in bankruptcy. If you decide to cash your retirement funds prematurely to pay creditors, there will be taxes and penalties on those retirement withdrawals, by the IRS, if not repaid. You should consult with a bankruptcy attorney to find out what assets of yours will be excused in a bankruptcy filing.

Columbus, Georgia Chapter 11 and 13

2010-01-26T01:32:00.000-05:00

Columbus, Georgia Chapter 11 and 13

A debtor under Chapter 11 in Columbus, 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 permit the debtor to continue the 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 can submit a plan of reorganization within 120 days of the initiation 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 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.

Chapter 13 bankruptcy filing in Columbus, Georgia allows 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 keep their properties 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 let the debtor to use future earnings to pay off creditors.

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 designed for individuals with regular income who want to pay their debts but are unable to do so in a timely manner. The purpose of this chapter is to permit financially distressed individual debtors to propose and carry out a repayment plan under which creditors are paid over an extended period of time generally three to five years. The creditors are forbidden from starting or continuing collection efforts during this time.

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Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benning

http://www.columbus-ga-bankruptcy.com