Yes, some of your property is exempt from bankruptcy in Georgia. Exemptions are laws that protect your assets from creditors and the bankruptcy trustee. In addition to Georgia’s bankruptcy exemptions, there are federal exemptions that are established under federal law. However, in Georgia, if you file bankruptcy, you must use the Georgia state exemptions. In addition, if you and your spouse file joint bankruptcy, you can double your exemption amounts, but you can only claim an exemption for property that belongs to you.Confused

Some of the most commonly used Georgia bankruptcy exemptions include: Continue reading

Many of our Georgian friends and neighbors have turned to bankruptcy as a solution to alleviating their mounting debt and constant financial instability.  For households, there are two types of bankruptcy petitions available:  Chapter 13 or Chapter 7.  When most people think of bankruptcy, they think of Chapter 7 because at the conclusion of the case, the person’s qualifying debt is completely wiped away (i.e., discharged).cutting costs

However, not everyone can qualify to file a Chapter 7 case, and in some situations, it is better for your family if you file a Chapter 13 case.  A Chapter 13 case may be a good option for Georgians who are able to pay a portion of their debt – just not all of it.  In order to pay off the debt they can, these debtors collaborate with the bankruptcy trustee and present a Chapter 13 payment plan to the bankruptcy court for the judge to approve.  This plan, which normally is set for a three- or five-year period, allocates a certain amount of the person’s income to paying off his or her debts as much as possible.  After the plan period ends, the bankruptcy court discharges the balances on the debts.

In most cases, the Chapter 13 case will only end when the payment plan ends.  However, there are special circumstances that may allow a debtor to end their plan prematurely and qualify for a “hardship discharge” from the bankruptcy court.

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Typically, when a passenger automobile is involved in an accident with a tractor trailer, semi-truck, or other commercial vehicle, very serious injuries or death is the result. The weight of the truck and the speeds at which they drive can cause the truck to roll over in an accident, crushing other vehicles. In some cases, the driver may be negligent and the accident can be catastrophic, resulting in multiple deaths.Tractor Trailor-death

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There are a number of things you can and should do before filing for bankruptcy, but running up your credit cards is not one of them. Generally, you can discharge credit card debt in bankruptcy, whether it is $1,000 or $100,000. However, if you rack up debt with fraudulent intent, it will not be discharged in bankruptcy, and you may be considered to have committed fraud.Debt Free life

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bankruptcy questionsIf you have made the difficult decision to file for bankruptcy, it is likely that you are utilizing this process as a mechanism to help your family and you overcome financial hurdles such as large amounts of credit card debt or medical bills.

The bankruptcy process can be overwhelming, confusing, and scary if you do not have a skilled bankruptcy attorney walking you through the process.  Filing a bankruptcy case requires more than just filling out paperwork.  In addition to the paperwork, you may also be required to complete a credit counseling course, attend a section 341 meeting of creditors, or undergo a 2004 bankruptcy examination.

Read on to learn more about this examination and how it may affect your bankruptcy case.

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If you are a motorcycle rider and you have been struck from behind while riding, you may wish to talk to one of the motorcycle accident attorneys at Holston & Huntley. A qualified Georgia motorcycle accident attorney can help you assess the merits of your case and help you determine the best course of action. It’s critical that you speak with someone as soon as possible, because the longer you wait, the more likely it is that you risk missing out on filing your claim due to an expiration of the statute of limitations.Motorcycle Accident

Rear end motorcycle accidents are just one of many types of accidents that result in fatalities each year. A rear end collision typically happens when a motorcycle suddenly stops and is hit by the car behind it. In some cases, automobile drivers simply do not see motorcyclists and may strike them from behind, even when the motorcyclist is not stopped. Motorcycle riders face much greater dangers in becoming injured from these types of accidents. A rear end collision can cause a motorcycle rider to have permanent disabilities, severe head injuries, or could even cause death.

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Unfortunately many tax debts cannot be discharged in bankruptcy. However, filing for bankruptcy can at least temporarily halt the IRS from attempting to collect the debt from you. Whether you are filing a Chapter 7 or a Chapter 13 also has an impact on how your tax debt is treated. In over my head

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Filing for bankruptcy is an important decision, one that should not be taken lightly or entered into without considering all of the person’s individual circumstances.  While any given case should be reviewed in-depth by an attorney, thinking about the key factors described below may help you decide whether or not you want to pursue a bankruptcy case.  If you have any questions or would like further information, feel free to contact our office any time.  We look forward to speaking with you!cut expenses

Point #1 – Do You Qualify for Bankruptcy?

In general, there are two types of bankruptcy petitions that may be filed with the court – Chapter 13 or Chapter 7.  When most people think of bankruptcy, they are thinking about Chapter 7 because that kind of case allows you to discharge (i.e., get rid of) all of your qualifying debts as of the day you file the case. (This day is called the petition date.)

If Chapter 7 sounds too good to be true, you should know that not everyone can qualify to file this kind of case.  Your level of income in relation to your qualifying debts may be too high for you to be eligible to file a Chapter 7 bankruptcy.  An experienced attorney can help you determine your eligibility by walking you through the Means Test.

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Atlanta is a major city and commerce hub, and every day thousands of truckers pass through on Atlanta’s freeways, highways, and city Sleepy truck driverstreets. Unfortunately, Atlanta has a reputation of having roads which can be dangerous for truck drivers. Drivers spend long days and weeks on the roads, which can increase the potential that they will experience fatigue and distractions. Tight deadlines when combined with fatigue leads to an increased risk of catastrophic accidents for truck drivers.

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bankruptcy questionsWhile many Georgians continue to struggle in the wake of the 2008 Economic Recession, senior citizens may face unique and significant financial hurdles due to circumstances beyond their control.   For many in the elderly population, the best way to get over these hurdles is to file for bankruptcy.  If you or a loved one is considering filing for bankruptcy as a senior citizen, read on to learn more about the common issues that come up with this type of case, and be sure to contact our office to speak directly to an attorney who can answer your questions.

Filing for bankruptcy can help you get out from under your medical bills.  It is an unfortunate fact that many in our aging population have significant health problems that require constant medical attention, including doctor visits, procedures, and regular medications.  The good news is that a person can file a Chapter 7 bankruptcy in order to discharge (get rid of) the mountains of medical debt.  However, there are two important issues to consider in trying to discharge medical debt.  First, not everyone can qualify for filing a Chapter 7 bankruptcy.  Second, the medical debt that can be discharged is limited to the debt that has accrued as of the date that the Chapter 7 bankruptcy is filed (which is called the petition date).  Debt incurred after the petition date will survive the bankruptcy.

Your social security income will not count against you.  Many seniors are afraid that, even though they do not have official employment, they will still not qualify for bankruptcy because they collect social security.  There is more good news to share here because the social security income will not be counted as income when completing the Means Test that is required to determine Chapter 7 eligibility.

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