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Can You Keep Your Car if You File for Bankruptcy in Georgia?

Your ability to keep your vehicle while filing for Chapter 7 bankruptcy in Georgia depends on whether you are covered under the state’s motor vehicle exemption. Equally important is whether you are making payments on the car and can continue to make those payments. You can keep your car when you file for Chapter 7 Read More

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Could You Be Evicted During a Bankruptcy in Georgia?

When you file for bankruptcy protection, certain federal and state laws determine whether a landlord has the right to evict you. Specific factors requiring your attention include the timing of the bankruptcy filing and any eviction proceedings taking place. Will bankruptcy stop eviction in Georgia? During a bankruptcy proceeding you cannot be evicted as an Read More

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Will You Ever Be Able to Buy a Home Again After Filing for Bankruptcy?

If you are trying to avoid bankruptcy because you think it will prevent you from ever being able to buy a home again, the good news is that this is not necessarily the case. While there will be some hurdles in your way to purchasing a home after bankruptcy, it may still be done, which Read More

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Do You Have to Be Completely Broke to File for Bankruptcy?

The idea that you need to be flat broke to seek bankruptcy protection is a misconception. The amount of money you make and the amount of debt you have are not the sole factors that determine whether or not you should file for bankruptcy. However, although there is not a minimum amount of debt required Read More

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Should You Max Out Credit Cards if You Plan on Filing for Bankruptcy Soon Anyway?

Should You Max Out My Credit Cards Before Filing Bankruptcy In Georgia? You should not max out credit cards before filing bankruptcy in Georgia. Purposefully maxing out credit cards prior to filing can be fraud and have your case thrown out of court, lead to fines, or even get you jail time. Here is what Read More

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What Happens to a 401(k) When You File for Bankruptcy?

When you have worked for so many years to build up your retirement savings, the last thing you want is for creditors to come after your 401(k) account if you file for bankruptcy. . Fortunately, whether you file a Chapter 7 or Chapter 13 bankruptcy case, your 401(k) account is considered to be a protected Read More

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May a Same-Sex Couple Married Outside of Georgia File for Bankruptcy Together in the State?

Until recently, same-sex couples married legally outside of Georgia would not have had the right to file a joint bankruptcy petition in the state. But when the Supreme Court struck out Section III of the Defense of Marriage Act (DOMA) in June 2013, many of the barriers for married same-sex couples in bankruptcy and estate 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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Filing Bankruptcy to “Undo” the Mistake of Co-signing for Debt

     Throughout our lives we will be faced with the opportunity to help out family and friends in need of financial assistance.  A common way for people to achieve this is through co-signing on a loan.  When you co-sign with someone else you make yourself equally liable for the debt with the co-borrower.  If everything Read More

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Will I Be Taxed on my Foreclosed Home?

Many people worry about the tax ramifications of canceled debt and foreclosures when they consider filing for bankruptcy, and rightly so.  No one wants to get the “fresh start” bankruptcy affords just to be hit with massive taxes the following April.  However, when you receive a discharge of your debts in bankruptcy, you do NOT Read More

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