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Your email address will not be published.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

    Jeff fields and his team were awesome. Kim answered all of my questions, and updated me every step of the way. I would definitely recommend using them for your bankruptcy.

    Read more

    Client

  • lawyers
    5.0/5.0

    We worked with Chris out of the Lawrenceville office and him and his team were outstanding! Answered all of our questions in a timely manner and went above and beyond to assist us! I would highly recommend this group to anyone who is having to go thr...

    Read more

    Client

  • google
    5.0/5.0

    The entire team was amazing, they really equipped me as to what to expect and made me feel like I was not alone. I had tons of questions and sometimes needed the reassurance that everything was going to be ok and Jeff Field & Associates did that for ...

    Read more

    Dominique C. Gibson

  • google
    5.0/5.0

    Matt and the staff where outstanding. Highly recommend. All questions where answered promptly and everything was explained in detail.

    Read more

    Jeff Weigold

  • google
    5.0/5.0

    Couldn't have been an easier, more pleasant process. Everyone I dealt with was professional and friendly. I would definitely recommend them!

    Read more

    sazzoo

See all reviews
Contact us

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

Quick Contact Form