What the Automatic Stay Cannot Stop – Macon GA bankruptcy law firm

What the Automatic Stay Cannot Stop – Macon GA bankruptcy law firm
Macon GA bankruptcy lawyer


Numerous tax proceedings - The IRS may still audit you, send a tax deficiency notice, demand a tax return that often leads to an audit, issue a tax assessment, or demand payment of such an assessment. Yet, the automatic stay does stop the IRS from issuing a tax lien or seizing your property or income.

Support actions - A legal case against you for establishing paternity or to establish, modify, or collect child support or alimony is not stopped by your filing for bankruptcy.

Criminal proceedings - A criminal proceeding that can be broken down into criminal and debt components will be divided, and the criminal part will not be stopped by the automatic stay. For example, if you were found guilty of writing a bad check, sentenced to community service, and ordered to pay a fine, your obligation to do community service shall not be stayed by your filing for bankruptcy.

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Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

http://www.macongabankruptcy.com

Protections of the Automatic Stay – Macon Georgia bankruptcy attorneys

Protections of the Automatic Stay – Macon Georgia bankruptcy attorneys
Macon GA bankruptcy attorney


Eviction - If you are being evicted from your house, the automatic stay might provide some assistance yet the new bankruptcy law makes it easier for landlords to continue with evictions. If your landlord already has a judgment of possession against you when you file, the automatic stay will not stall these eviction proceedings; the landlord can continue just as if you never filed for bankruptcy. And if the landlord alleges that you have been endangering the property or using controlled substances there, the automatic stay will not do you much good, either.
In other cases, the automatic stay might buy you a few days or weeks, but the landlord will probably ask the court to lift the stay and allow the eviction and the court may probably allow the eviction.

Collection of overpayments of public benefits - If you receive public benefits and were overpaid, normally the agency can collect the overpayment out of your future checks. The automatic stay stalls this collection. Yet, if you become ineligible for benefits, the automatic stay does not prohibit the agency from denying or terminating benefits for that reason.

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Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

http://www.macongabankruptcy.com

What the Automatic Stay Can Avoid - Warner Robins Georgia bankruptcy lawyer

What the Automatic Stay Can Avoid - Warner Robins Georgia bankruptcy lawyer
Chapter 11 lawyer Macon


Utility cutoff. If you have defaulted on a utility bill and the company is threatening to discontinue your water, electric, gas, or telephone service, the automatic stay will stay the disconnection for at least 20 days. Even though the amount of a utility bill itself rarely justifies a bankruptcy filing, preventing electrical service cutoff in winter can be one reason.

Foreclosure. If are facing foreclosure, the automatic stay temporarily stays the proceedings, but the creditor will often be able to go on with the foreclosure in the near future. If you are facing foreclosure, Chapter 13 bankruptcy is usually a better remedy than Chapter 7 bankruptcy, if you want to keep your house.

Multiple wage garnishments. Filing for bankruptcy stops garnishments dead in their tracks. Besides taking home a full salary, you also may be able to discharge the debt in bankruptcy. Even though no more than 25% of your wages may be taken to satisfy court judgments, most people file for bankruptcy if more than one wage garnishment is threatened.

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Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

http://www.macongabankruptcy.com

Advantages of filing for bankruptcy: Warner Robins GA bankruptcy attorney

Advantages of filing for bankruptcy: Warner Robins GA bankruptcy attorney
Macon GA bankruptcy lawyer


There are many advantages to filing for bankruptcy.
By far the most important benefit is that debtors may get a fresh financial start. Consumers who are eligible for Chapter 7 may be discharged from most unsecured debts. A secured debt is one that the creditor is permitted to recover by seizing and selling certain properties of the debtor if payments are missed, such as a home mortgage or car loan. Most consumer debts are unsecured.

You should be able to keep most of your assets, but state laws differ widely in defining exempt assets.

Collection efforts must stop when you file for bankruptcy under Chapter 7 or Chapter 13. As soon as your petition is filed, there is by law an automatic stay, that prevents most collection activity. If a creditor continues to try to collect the debt, the creditor may be cited for contempt of court or directed to pay damages. The stay applies even to the loan that you may have availed to purchase your car. If you continue to make payments, it is unlikely that your creditor will do anything. Yet, if you default your creditor will probably petition to have the stay lifted in order either to repossess the car or to renegotiate the loan.

You cannot be fired from your job solely due to the fact that you filed for bankruptcy.

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Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

http://www.macongabankruptcy.com

Non-dischargeable debts and exempt items in a GA bankruptcy

Non-dischargeable debts and exempt items in a GA bankruptcy

Different state legal systems may require different items to fall under the non-dischargeable debt and the exempt items categories.If a debt is determined to be non-dischargeable then the bankrupt debtor must continue to pay that debt, or it will be paid off through available funds from the liquidation process. In many states, non-dischargeable debt falls under two kinds: non-dischargeable by wrongful conduct by the debtor and non-dischargeable by public policy.
Exempt items are properties that cannot be taken away from the possession of the debtor and generally fall under the category of "necessities" in a Chapter 7 bankruptcy. Keep in mind that what one judge determines as necessity another can find it a luxury.

Proceeding with a Chapter 7 bankruptcy may be difficult because it needs that the debtor establish that their debts are much more than just consumer debt. Keeping this in mind it is important for the debtor to know the procedures in Chapter 7 court hearings. A Chapter 7 bankruptcy proceeding can easily be cancelled by the courts if the debtor tries to hide debt from the courts, destroys property or records pertaining to finances or gives away money or assets to keep from them from liquidation.

Remember that if an individual or business is not eligible for Chapter 7 bankruptcy due lack of need for a complete liquidation, there are more types of bankruptcy that might be better suited for them.
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Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

http://www.macongabankruptcy.com

Macon GA Bankruptcy Lawyer Chapter 7 eligibility

Chapter 7 eligibility - FAQs

Macon GA Bankruptcy Lawyer

To be eligible for relief under Chapter 7 of the US, the debtor must be an individual, a partnership, or a corporation.
In 2005 the United States Bankruptcy Code was changed mandating that debtors qualify to file for Chapter 7 bankruptcy. The debtor should first take the Means Test. If the Means Test shows that the debtor qualifies to file for a Chapter 7 bankruptcy then it is important to know that there are more requirements. All individuals filing for Chapter 7 bankruptcy protection should undergo a debt counseling course within six months of filing for Chapter 7 bankruptcy. In addition the debtor can also be made to attend a financial education course prior to discharge of the debts.
Although the filing of an individual Chapter 7 petition normally results in a discharge of debts, an individual's right to a discharge is not absolute, and some types of debts will not discharged. Moreover, a bankruptcy discharge will not discharge a lien on property. This means that, a creditor retians its rights to collateral securing a debtor's obligation.---------------------
Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

http://www.macongabankruptcy.com