Search Site
Menu
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 support payments and can arrest and have that person placed in jail.

Filing a Chapter 13 case creates an “automatic stay”, like a protective shield, which stops most collection activity by a creditor. Once a Chapter 13 case is filed, does the jailing or any continued jailing violate the protection of the “stay”? In Georgia, the answer can be yes! If the state court judge’s Order sanctioning the person for contempt contains a “purge amount”, that is, requires the payment of a dollar amount to get out of jail, then the Order is a civil contempt Order and is a collection activity stopped by the “stay”. On the other hand, if the Order contains no “purge amount”, the Order is a criminal contempt Order and is not stopped by the “stay”. A Jeff Field & Associates attorney can help you sort this out.

At Jeff Field & Associates, we are aware that the filing of a Chapter 13 case may not only provide an opportunity to get out of jail but also provides an opportunity to provide a repayment plan to deal with any past due payments and to deal with future payments as they come due. Bottom line: Jeff Field & Associates attorneys have successfully handled these cases and can advise you or your domestic relations attorney of the protection available to you in a Chapter 13 case.

Leave a Reply

Your email address will not be published. Required fields are marked *

Videos
Our Attorneys
Client Reviews
  • lawyers
    5.0/5.0

    Mr. Fields and his team of lawyers are the absolute best. They were professional, responded quickly to any emails or phone calls that I made and they worked quickly to get the ball rolling on things. They also made me feel so comfortable and welcomi...

    Read more

    Client

  • lawyers
    5.0/5.0

    My experience during this process was great! Jeff Field & Associates helped me every step of the way and was there if I needed their assistance.

    Read more

    Client

  • google
    5.0/5.0

    I would like to thank Jeff Field & Associates for their help with filing Bankruptcy. This was one of the hardest decisions that I have had to make. They walked me through the process and no matter what questions I had they answered them. They mad...

    Read more

    Rhonda Hays

  • google
    5.0/5.0

    This was a hard thing to do but Chris made it easy and explained everything in a way I understood the process. I would recommend anyone having to go through this to contact this office! Casey was great as well and the communication kept the whole tim...

    Read more

    Beth Carlin

  • google
    5.0/5.0

    The staff made a very stressful situation much easier to cope with. They treated me with kindness and respect. Chris and Laura are very professional and knowledgeable.

    Read more

    Anita York

See all reviews
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form