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Using Chapter 13 to Deal With Overdue Taxes

Using Chapter 13 to Deal With Overdue Taxes The general rule in bankruptcy is that tax debts are not dischargeable. While a Chapter 13 repayment plan can stagger repayment of taxes over a three- to five-year period, it cannot wipe out all tax debts. However, there are exceptions. The test for dischargeability is whether a Read More

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How a Trustee or Creditor Can Oppose Your Chapter 13 Plan

Chapter 13 is a court-approved restructuring of debt that requires you to commit to a repayment plan that will last for three to five years. However, the plan you propose is not effective until the bankruptcy judge approves it after a confirmation hearing, at which creditors and/or the appointed bankruptcy trustee can raise objections. The Read More

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Examples of Chapter 13 Bankruptcy Protection in Georgia

Is Chapter 13 bankruptcy available to protect a person who is behind on child support or alimony payments and has been jailed or is facing an attempt to jail him or her? State court judges have the power to sanction a person for contempt of court for failing to comply with state court Orders requiring Read More

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Filing for Chapter 13 Protection

Bankruptcy can be a difficult bridge to cross but the benefits of the financial freedom it provides are usually well worth the risk. Many Debtors opt for the “fresh start” that Chapter 7 bankruptcy affords. However, there are numerous situations where a Chapter 13 bankruptcy is more appropriate, or even necessary. If a debtor is Read More

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Valuing A Tax Lien In Chapter 13

When IRS or the Ga. Dept. of Revenue (“GDR”) file a fully secured claim in a Chapter 13 case based on a pre-petition filed tax lien, 11 U.S.C. Section 506(a) operates to limit the claim to the value that any Debtor (“D”) has in the property scheduled in Schedules A and B in the Chapter Read More

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What is a “Chapter 20” Bankruptcy?

There are occasionally times when individuals have financial problems that cannot be entirely solved by filing a Chapter 7 or Chapter 13 bankruptcy.  In these unique situations, it may be best to file a Chapter 7 bankruptcy and then immediately file a Chapter 13 bankruptcy, informally known as a “Chapter 20.” Why would you do Read More

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Seek Relief for Creditors Violating the FDCPA

In a recent bankruptcy court decision issued on 7-10-14 by the Federal Appellate Court in Atlanta, GA, it appears that debtors in Georgia who file a bankruptcy case to get a better control over their debts and to seek all of the relief the bankruptcy code allows will be allowed a huge bonus!  During their bankruptcy Read More

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How to Manage Your Life and Your Money During Your Chapter 13 Bankruptcy

Congratulations! You’re probably wondering why anyone would be congratulating you for filing for bankruptcy.  You’ve done yourself a favor by taking the first step in rebuilding your financial life, while at the same time freeing yourself of the stress of managing debt.  As you know, Chapter 13 is a payment-based bankruptcy that can take three to five years Read More

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What if Your Income Is Too High for Chapter 7 but Your Debt Is Too High for Chapter 13?

For individual debtors, Chapter 7 and Chapter 13 are the most common personal bankruptcy filings in Georgia and likely in every other state as well. Both types have certain eligibility requirements, and in some cases, people may not qualify for either. Chapter 7 eligibility requires petitioners to pass a means test that considers their income Read More

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