770-609-1247 | Chapter 7 Personal Bankruptcy

Coleman Legal Group, LLC

Call 770-609-1247 to Speak With an Experienced Roswell Georgia Bankruptcy Attorney.

Chapter 7 Personal Bankruptcy

In a personal Chapter 7 case you can file alone as an individual or jointly with a spouse. Our Roswell, Georgia bankruptcy attorneys have over ten years of experience helping hundreds clients  through the process of totally discharging (eliminating the obligation to pay) the following kinds of debts:

  • Credit Cards
  • Charge Cards
  • Hospital, Medical, Doctor and Dental Bills
  • Unpaid Utilities
  • Unsecured Personal Loans
  • Installment Loans
  • Auto and Other Negligence Claims
  • Personal Guarantees on Business and Other Loans
  • Federal & State Income Taxes (when certain qualifications are satisfied)
  • Law Suits & Judgments (with a few exceptions, most are dischargable in a successful bankruptcy case)
  • Contractual Obligations (the vast majority of contract obligations are dischargable in a successful bankruptcy case)

Under Federal Bankruptcy law, the bankruptcy property exemptions laws allow most people who file a bankruptcy case to keep all (or most) of their personal assets, including their cars, automobiles, homes, retirement accounts and pensions.  However it is important to carefully review with an experienced attorney a list of all of your assets and how each asset would be protected under Georgia’s bankruptcy exemptions statute.  Under the Federal Chapter 7 bankruptcy laws, the Bankruptcy Trustee takes control of all property that is not protected under the Georgia’s bankruptcy exemption statute (Official Code of Georgia Section 44-13-100).

Most people that file a Chapter 7 bankruptcy case receive a discharge of all of their debts within four (4) months from the date the case is filed. Complex cases may take longer to receive a discharge.  However, it is encouraging to note that in our experience, even the most complex cases usually end in a discharge of all debts eventually.

Automatic Stay

Effective the instant the case is filed and while waiting for the discharge, the bankruptcy automatic stay will protect the debtor (the person filing bankruptcy) from all collection activity by creditors unless a special order “lifting the automatic stay” is issued by the bankruptcy court.

Dischargeability of Personal Debts

In a joint or individual personal Chapter 7 bankruptcy most debts are dischargable.  However, not all debts are dischargable. Below is a list of the describing the dischargability of differing categories of debts.

Always Dischargeable Debts

The following debts are always dischargeble unless there is underlying fraud or other forbidden conduct underlying accumulation of the debt.

  • Personal Loans
  • Mortgages of All Types
  • Credit Cards
  • Charge Cards
  • Repossession Deficiencies on Automobiles
  • Garnishment Actions
  • Automobile Accident Property Claims
  • Medical, Dental, Doctor and Hospital Bills
  • Law Suits and Law Suit Judgments
  • Personal Guarantees on Business Debts
  • Leases and other types of Executory Contracts
  • Personal Guarantees on Consumer Loans and Mortgages
  • Negligence Claims
  • Tax penalties Over Three (3) Years Old
  • State & Federal Income Taxes That Meet Certain Strict Requirements
  • Contract Obligations of all Types

Possibly Dischargeable Debts

So long as the creditor does not file an adversary proceeding in bankruptcy court and is successful in obtaining a favorable judgment.

  • Willful and malicious injuries to others – these are also known as “intentional torts”
  • Embezzlement
  • Debts incurred by fraud or dishonesty
  • Debts arising from breach of fiduciary duty (frequently referred to as defalcation)
  • In some instances, debts intentionally left off of a bankruptcy petition.

Non-Dischargeable Debts

The creditor does not have to take any action to make the following debts non-dischargble.

  • Income taxes that were due within three (3) years of the filing of the case
  • Taxes due for years where the tax return was not filed or filed within two (2) years
  • Trust Fund Taxes
  • Child Support
  • Alimony or Spousal Support
  • Most property division claims pursuant to a divorce decree
  • Criminal fines
  • Court ordered restitution
  • Accident claims involving intoxication
  • Penalties payable to the government that are not tax penalties
  • Student Loans (for student loans to be ruled dischargeable, a special request needs to be made to the court during the case)
  • Debts listed in prior bankruptcy where the debtor was denied a discharge (there are some exceptions to this general rule)

The lists above do not include all non-dischargble and always non-dischargeable debts. Federal bankruptcy law governing non-dischargable debts and list of non-dischargable debts is quite complicated – and should you have any concerns about your debts, you should speak to an experienced bankruptcy attorney as soon as possible before filing. Our Roswell, Georgia bankruptcy attorneys can help answer all your questions about bankruptcy in a free no-obligation consultation.

Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Bankruptcy, Divorce, Family Law, Immigration and Business Law. We have two convenient offices located at:

Alpharetta Georgia Office
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022

Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312

Copyright © 2014 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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