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 Sugarloaf 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 |
Lawrenceville Huntcrest 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.
