Call 770-609-1247 to Speak With an Experienced Georgia Chapter 7 Bankruptcy Lawyer.
Our bankruptcy legal team has over fourteen years of helping people and businesses deal with crushing debt and get immediate relief.
Personal Chapter 7 Bankruptcy
In a personal Chapter 7 Bankruptcy case, our bankruptcy lawyers can help guide you through the process of totally discharging (eliminating the obligation to pay) the following types of debts:
- Credit and Charge Cards
- Store Charge Accounts
- Hospital, Medical, Dental and Related Bills
- Unsecured Personal Loans (payday loans, installment loans, etc.)
- Federal & State Income Taxes (if certain qualifications are met)
- Contractual Obligations (almost obligations under a contracts are dischargable)
- Most Types of Law Suits & Judgments (there are exceptions, but most are dischargable)
Under Georgia law, the bankruptcy property exemptions laws allow most people who file a Chapter 7 bankruptcy case to to keep all of their personal assets, including their home, cars and retirement investments. Under the Chapter 7 bankruptcy laws, the Bankruptcy Trustee takes control of all property that is not protected under Georgia’s bankruptcy exemption laws.
As described above, most Georgians that file a Chapter 7 bankruptcy will keep all of their property because it is protected by the Georgia bankruptcy exemptions laws. In addition to not losing any assets, most people that file a Chapter 7 bankruptcy case receive a discharge of all of their debts within three (3) to four (4) months after the bankruptcy case is filed. However, in more complex cases it may take longer to get a discharge. While waiting for the discharge, the bankruptcy automatic stay will protect the debtor from all collection activity by creditors unless a special order “lifting the automatic stay” is issued by the bankruptcy court.
Dischargeability of Debts in Bankruptcy
In a personal Chapter 7 bankruptcy, most debts are dischargeable. However, not all debts are dischargable. Please review the lists below for more information.
Dischargeable in Bankruptcy
The following debts are almost always dischargeble unless there is underlying fraud or other forbidden conduct giving rise to the debts.
- Personal Loans
- Credit Cards and Charge Cards
- Repossession Deficiencies
- Auto Accident Claims
- Medical, Dental and Hospital Bills
- Judgments
- Business Debts
- Leases of all types
- Personal Guaranties (Business & Personal Debts)
- Negligence Claims
- Tax penalties Over Three (3) Years Old
- Income Taxes That Are Not Priority Taxes
- Contract Obligations
Possibly Dischargeable in Bankruptcy
The following debts will be discharged so long as the creditor does not file an adversary proceeding and is successful in obtaining a favorable judgment.
- Willful and malicious injuries to others – Also Known As “Intentional Torts”
- Embezzlement
- Debts incurred by fraud or dishonesty
- Debts arising from breach of fiduciary duty – Defalcation
- In some instances, debts intentionally left off of a bankruptcy petition
Non-Dischargeable in Bankruptcy
The following debts are not discharged. The creditor does not have to take any action to make the following debts non-dischargble. However, they will still have to collect the debts outside of bankruptcy court.
- Income taxes that were due within three (3) years of the filing of the case
- Trust Fund Taxes
- Child support or alimony / spousal support
- Most property division pursuant to a divorce decree
- Criminal fines and/or court ordered restitution
- Accident claims involving intoxication of the person filing
- Penalties payable to the government that are not tax penalties
- Student Loans (in rare instances, student loans can be ruled as dischargeable)
- Debts listed in prior bankruptcy where the debtor was denied a discharge; there are exceptions to this rule.
- Taxes due for years where the tax return was not filed or filed within two (2) years
This list above does not include all possibly non-dischargble and always non-dischargeable debts. The law governing non-dischargable debts and list of non-dischargable debts is quite complicated. See 11 USC Section 523 for more information. Our bankruptcy attorneys can explain what to expect in your own personal case in one of our no-obligation consultations.
Weekend and Evening Appointments Available: Do you have a busy week? Can only come in to the office after hours? Just call us at 770-609-1247 and ask for a consultation at a time that is convenient for you.
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 Real Estate, Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:
| Alpharetta Georgia Park Woods Commons 11539 Park Woods Circle Suite 304 Alpharetta, GA 30005 Phone: 770-609-1247 | Map |
Atlanta Georgia |
| Dunwoody, Sandy Springs GA 400, Atlanta Georgia 1200 Abernathy Rd Building 600 Atlanta, GA 30328 Phone: 770-609-1247 | Map |
Cumming Georgia |
| Johns Creek, Duluth GA 11555 Medlock Bridge Road Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
Copyright © 2023 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 11539 Park Woods Circle, Suite 304 • Alpharetta, Georgia 30005 • 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.
