Athens-Clarke County, Georgia Bankruptcy discharge
Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The individual can have secured debt as well as unsecured debt and how each of these is handled can differ from case-to-case. An individual filing under chapter 7 of the US Bankruptcy Code may have to surrender a portion of his or her assets in order to satisfy some of the debts owed to the creditors.
The common grounds for denying a discharge to an individual debtor in Athens-Clarke County, Georgia include:
1. Debtor’s failure to keep or produce adequate books or financial records;
2. Debtor’s failure to explain satisfactorily any loss of assets;
3. The debtor committed a bankruptcy crime such as perjury;
4. Failure of the debtor to obey a lawful order of the bankruptcy court; or
5. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.
The Chapter 13 debtor in Athens-Clarke County, Georgia is entitled to get a discharge upon successful completion of all payments under the repayment plan. In return for the willingness of the Chapter 13 debtor to undergo the discipline of a repayment plan for three to five years, a wider discharge is available under Chapter 13 than in a Chapter 7 case.
As a general rule, the individual in Athens-Clarke County, Georgia is discharged from all debts under the plan or debts that are rejected, except for the following:
1. Some long-term obligations such as a home mortgage;
2. Debts for alimony or child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.
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Athens Georgia bankruptcy lawyer | Bankruptcy attorneys in Athens GA and Athens-Clarke County - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy
Brooklyn criminal attorney
1 month ago