Thousands of Georgia residents have found themselves unable to pay their home mortgage, credit card or medical expenses and having exhausted all other financial options, have found financial relief by filing personal bankruptcy. If you are considering filing bankruptcy in Cartersville and you need information, a Cartersville bankruptcy lawyer can help.
When is the right time to file bankruptcy? There may not be a right answer, but a Cartersville bankruptcy attorney can help evaluate your financial situation and decide if you are eligible to file Chapter 7 or Chapter 13 bankruptcy.
Filing Chapter 7 bankruptcy in Cartersville may allow for the immediate discharge (within 4 to 6 months) of most or all of your unsecured personal debt. Filing Chapter 13 bankruptcy may allow for the discharge of your debt after you have completed a three to five year bankruptcy repayment plan. Filing bankruptcy is not the best solution for everyone, but for some people it may be the perfect way to get a fresh financial start.
Filing Chapter 7 Bankruptcy in Cartersville
Filing Chapter 7 bankruptcy in Cartersville, Georgia, generally allows for the discharge of most filer’s debts within four to six months. Certain debts are not dischargeable, and these debts are outlined under federal bankruptcy laws.
The first step in filing Chapter 7 bankruptcy in Gainesville is to contact a Gainesville bankruptcy lawyer who can determine if the filer is eligible for Chapter 7 bankruptcy. The second step is to file the bankruptcy petition in the appropriate bankruptcy court. The court reviews the petition (information about the filer’s assets, creditors and debts), and if it is accepted the court appoints a trustee to the case and schedules the 341 Creditor’s Meeting.
The trustee becomes the intermediary between the creditor and the filer and is responsible for liquidating the filer’s non-exempt assets. After the asset liquidation, the trustee will repay the creditors with the proceeds from the liquidation in the priority order outlined by bankruptcy law.
Filing Chapter 13 Bankruptcy in Cartersville
Filing Chapter 13 bankruptcy in Cartersville may stop home foreclosure, wage garnishments and property repossession by allowing the filer to restructure their debt payments with a new repayment schedule. The plan will spread the debt payments over a three to five year period. Debts will not be discharged until the fulfillment of the debt repayment schedule, but the filers may be able to keep their assets and avoid property liquidation.
Cartersville filers must have a dependable income source to make payments under their bankruptcy repayment plan. To qualify for Chapter 13 bankruptcy filers also can not have unsecured debts above $269,250 or secured debts above $807,750.
Personal Debts Not Eliminated By Filing Personal Bankruptcy in Cartersville
Filing bankruptcy in Cartersville does not discharge all personal debt. Federal bankruptcy law identifies all types of dischargeable debt (which is the same for all states). The following debts are not discharged by filing either Chapter 7 or Chapter 13 bankruptcy in Cartersville, Georgia:
- Most back taxes
- Child support and alimony payments
- Certain student loans
- Purchases of luxury items within ninety days of filing personal bankruptcy in Cartersville
- 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
