If you are facing property repossession, wage garnishments or home foreclosure due to high medical bills, credit card debt or job loss, you may be looking for a financial solution. Thousands of Georgia residents have found financial relief by filing bankruptcy.
Filing Chapter 7 bankruptcy in Dalton, Georgia, may allow you to discharge most or all of your debt within four to six months. Individuals who do not qualify for Chapter 7 bankruptcy may be able to restructure their debt and make payments over a three to five year period.
Filing personal bankruptcy is a serious financial decision which has become more complicated in recent years. It is a good idea to seek the advice of a Dalton bankruptcy lawyer before making a final decision. A Dalton bankruptcy attorney can determine if filing Chapter 7 bankruptcy or filing Chapter 13 bankruptcy is right for you.
Filing Chapter 7 Bankruptcy in Dalton
The first step in filing Chapter 7 bankruptcy is to submit the bankruptcy petition to the appropriate bankruptcy court. The petition provides the court information about the filer’s debts, creditors, exempt and non-exempt property. The court reviews the petition and schedules the 341 Creditor’s Meeting. The court assigns a trustee who is responsible for selling the filer’s non-exempt assets and using the money generated from the sale to repay the creditors in the priority order according to bankruptcy law. Most Chapter 7 bankruptcy cases are completed within 4 to 6 months.
Chapter 7 bankruptcy is inexpensive and it can be a simple way to discharge qualifying debt. Not all debt is dischargeable. Non-dischargeable debt is determined by federal bankruptcy laws. Credit card debt and medical bills generally are dischargeable. A Dalton bankruptcy lawyer can identify all dischargeable debts and also if an individual qualifies to file Chapter 7 bankruptcy.
Filing Chapter 13 Bankruptcy in Dalton
Filing Chapter 13 bankruptcy in Dalton is not as simple or quick as filing Chapter 7 bankruptcy. Filing Chapter 13 bankruptcy will not allow for the immediate discharge of debt through liquidation of the filer’s assets, but it may stop home foreclosure and allow the filer to maintain their property. Filing Chapter 13 bankruptcy in Dalton may also allow the filer and their Dalton bankruptcy attorney to create a repayment plan which repays creditors over a three to five year time period.
To qualify for Chapter 13 bankruptcy a Dalton resident must have an income source and be able to meet the obligations of the repayment schedule. The filer also can not have secured debt which exceeds $807,750 or unsecured debt which exceeds $269,250.
Personal Debts Not Eliminated By Filing Personal Bankruptcy in Dalton
Personal debts not eliminated by filing Chapter 7 or Chapter 13 bankruptcy in Dalton are defined by federal bankruptcy laws and are the same for all states. Filing personal bankruptcy in Dalton will not discharge:
- Most back taxes
- Child support and alimony payments
- Certain student loans
- Purchases of luxury items within ninety days of filing personal bankruptcy in Dalton
- Fines owed to federal or California government agencies
- Debts generated from fraudulent activity
- Recent cash advances of $825 within 70 days of filing personal bankruptcy