Often you can file a Chapter 7 bankruptcy in Atlanta, Georgia and still retain your home, car and other significant assets. This will be accomplished by utilizing the rules regarding exempt assets vs. non-exempt assets.
All non-exempt assets must be turned over to the bankruptcy trustee managing your bankruptcy case, while exempt assets are excluded from the bankruptcy filing and are therefore retained by the debtor.
Exempt assets may include furniture, appliances, clothing, and any tools that are used in the debtor’s employment.
The assets that can be considered exempt vary significantly from state to state. In order to ensure that you fully exercise these property exemptions, it is recommended that you consult a Georgia chapter 7 bankruptcy lawyer.
Other secured assets may be excluded from the bankruptcy if the debtor pays the creditor an amount equal to the value of the property, even if the amount of the debt is more than the value of the item.
Your creditors may object to your Chapter 7 filing. When this happens, you will often need to negotiate a payment plan with that particular creditor or convert your filing to a Chapter 13 bankruptcy. For this reason, it is highly recommended that you consult a qualified Georgia Chapter 7 bankruptcy attorney.
In a Chapter 7 case, you will be required to attend one brief court hearing. This is an opportunity for your creditors to file any objections or additional claims related to your case. If there are no objections, a discharge order will be issued for your debts.
