770-609-1247 | Bankruptcy Chapter 7

Bankruptcy Lawyers Attorneys Georgia

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

Our bankruptcy legal team has over fourteen years of helping people and businesses deal with crushing debt and get immediate relief.

Personal Chapter 7 Bankruptcy

In a personal Chapter 7 Bankruptcy case, our bankruptcy lawyers can help guide you through the process of totally discharging (eliminating the obligation to pay) the following types of debts:

  • Credit and Charge Cards
  • Store Charge Accounts
  • Hospital, Medical, Dental and Related Bills
  • Unsecured Personal Loans (payday loans, installment loans, etc.)
  • Federal & State Income Taxes (if certain qualifications are met)
  • Contractual Obligations (almost obligations under a contracts are dischargable)
  • Most Types of Law Suits & Judgments (there are exceptions, but most are dischargable)

Under Georgia law, the bankruptcy property exemptions laws allow most people who file a Chapter 7 bankruptcy case to to keep all of their personal assets, including their home, cars and retirement investments.  Under the Chapter 7 bankruptcy laws, the Bankruptcy Trustee takes control of all property that is not protected under Georgia’s bankruptcy exemption laws.

As described above, most Georgians that file a Chapter 7 bankruptcy will keep all of their property because it is protected by the Georgia bankruptcy exemptions laws.  In addition to not losing any assets, most people that file a Chapter 7 bankruptcy case receive a discharge of all of their debts within three (3) to four (4) months after the bankruptcy case is filed.  However, in more complex cases it may take longer to get a discharge.  While waiting for the discharge, the bankruptcy automatic stay will protect the debtor from all collection activity by creditors unless a special order “lifting the automatic stay” is issued by the bankruptcy court.

Dischargeability of Debts in Bankruptcy

In a personal Chapter 7 bankruptcy, most debts are dischargeable.  However, not all debts are dischargable.  Please review the lists below for more information.

Dischargeable in Bankruptcy

The following debts are almost always dischargeble unless there is underlying fraud or other forbidden conduct giving rise to the debts.

  • Personal Loans
  • Credit Cards and Charge Cards
  • Repossession Deficiencies
  • Auto Accident Claims
  • Medical, Dental and Hospital Bills
  • Judgments
  • Business Debts
  • Leases of all types
  • Personal Guaranties (Business & Personal Debts)
  • Negligence Claims
  • Tax penalties Over Three (3) Years Old
  • Income Taxes That Are Not Priority Taxes
  • Contract Obligations

Possibly Dischargeable in Bankruptcy

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

  • Willful and malicious injuries to others – Also Known As “Intentional Torts”
  • Embezzlement
  • Debts incurred by fraud or dishonesty
  • Debts arising from breach of fiduciary duty – defalcation
  • In some instances, debts intentionally left off of a bankruptcy petition

Non-Dischargeable

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
  • Trust Fund Taxes
  • Child support or alimony / spousal support
  • Most property division pursuant to a divorce decree
  • Criminal fines and/or court ordered restitution
  • Accident claims involving intoxication of the person filing
  • Penalties payable to the government that are not tax penalties
  • Student Loans (in rare instances, student loans can be ruled as dischargeable)
  • Debts listed in prior bankruptcy where the debtor was denied a discharge; there are exceptions to this rule.
  • Taxes due for years where the tax return was not filed or filed within two (2) years

This list above does not include all possibly non-dischargble and always non-dischargeable debts.  The law governing non-dischargable debts and list of non-dischargable debts is quite complicated.  See 11 USC Section 523 for more information.  Our bankruptcy attorneys can explain what to expect in your own personal case in one of our no-obligation consultations.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody / Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Road, Bldg 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map
Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map
Johns Creek / Duluth Georgia
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map
Duluth Georgia
Sugarloaf
2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map
Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2016 | 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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