770-609-1247 | Personal Bankruptcy – Advice for After You Have Filed

Call 770-609-1247 to Speak With One of our Experienced Georgia Bankruptcy Lawyers.

We have compiled a common list of questions that clients ask after their case has been filed.

One of my creditors keeps saying that one of my debts is not discharged that I know was listed on my bankruptcy. What do I do? the first thing you should do is check your bankruptcy petition and make sure the creditor was actually listed. Do not take the creditor’s word for anything – they will lie to you – and there are scammers that will try to take advantage of people after a discharge. If they creditor was listed on your bankruptcy petition: The creditor is most likely in violation of the bankruptcy discharge (which is federal law). However, if the creditor was not listed the issue becomes a bit murky. Technically, in a “no asset” bankruptcy case, the creditor – in the absence of fraudulent intent on your part – is discharged. However, many creditors will not accept this as a the actual situation. Fortunately, a bankruptcy case can usually be reopened for ninety (90) day period of time to add a creditor to a bankruptcy case. In any event, it is important to speak with your attorney asap after any collection activity by a creditor after your bankruptcy case is filed and/or discharged. It is important to consider that some debts are not dischargable in a bankruptcy – and that if you are sued for a an alleged non-dischagable debt after bankruptcy – you should contact your bankruptcy lawyer as soon as possible to help protect all your rights and preserve your options.

Can I cancel my apartment lease, home lease, car lease, cell phone contract, gym membership etc. as a part of my bankruptcy?  Yes, a bankruptcy discharge cancels these contractual obligations.  However, you should list these creditors (yes – these are a form of creditor) on your original bankruptcy petition.  If you neglected to list these creditors on your petition, you can usually add them by amendment before your case is closed by the court – or after reopening a bankruptcy case.

Do I have to reaffirm my car, house, etc?  No.  However, federal bankruptcy law does allow automobile lenders to repossess a car that is not reaffirmed – although this is a rare occurrence if the car payments are being made.  In regard to real property, the deed to secure debt keeps the vast majority of residential lenders from attempting to take back homes and other real property that is not reaffirmed – so long as the mortgage payments are made in a timely manner.  It is important to remember, reaffirmation agreements are voluntarily offered by the lenders.  Even if you state your intent to reaffirm a loan on your bankruptcy petition, the lender is not required to offer you a reaffirmation.  Reaffirmations are a topic in bankruptcy that is confusing and something you should talk to your attorney about in depth before signing.

Bankruptcy Attorneys – Georgia Areas We Serve

Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map
Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map
Dunwoody, Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Rd
Building 600
Atlanta, GA 30328
Phone: 770-408-0477 | Map
Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map
Johns Creek, Duluth GA
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Phone: 770-408-0477 | Map
Duluth Georgia
2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-408-0477 | Map
Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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