Southwest Georgia Bankruptcy Attorney

What is Bankruptcy?

Bankruptcy is a legal procedure for dealing with the debt problems of individuals and businesses and discharges financial obligations. This procedure is covered under Title 11 of the United States Code (the Bankruptcy Code). The vast majority of cases are filed under the two main chapters of the Bankruptcy Code, which are Chapter 7 and Chapter 13. There are a total of six chapters in the Bankruptcy Code. Bankruptcy discharges the most debts of honest debtors and gives them a fresh start in life.

The US Supreme Court in Local Loan Co. v. Hunt (292 U.S. 234, 244,1934) has clearly laid down that bankruptcy gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. A bankruptcy discharge achieves this goal by freeing a debtor of specific debts and prohibiting creditors from ever moving to recover those debts.

A bankruptcy petition in Columbus GA (Georgia) or Fort Benning GA (Georgia) must be filed in a Federal Court. Although Bankruptcy is a legal process, most of it takes places outside the court room.

Will bankruptcy discharge all my debts?

Bankruptcy will discharge most of your debts. When a debt is discharged in bankruptcy, it is no longer enforceable against the debtor personally. The debtor is no longer required to pay the debt, or the portion of the debt that has been discharged, nor can the debtor be subject to collection activity on the debt, including being sued on the debt. A bankruptcy discharge serves to erase the debt and give the debtor a fresh start financially.

Some debts must still be paid.  It is rather a longish list, but the following debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; non-dischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures. It does not discharge the debtor from any debt incurred for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.

Can I file for bankruptcy?

Bankruptcy is meant to give honest debtors who have suffered some form of unforeseen financial set back a fresh start in life. Anyone who is in debt can file for bankruptcy. Talk to a bankruptcy attorney in Columbus/Fort Benning, GA (Georgia) to find out if you can file for bankruptcy.

Use bankruptcy as your last option.

While it is not hard to file for bankruptcy, you should consider all other options before filing for bankruptcy.

Our Columbus GA bankruptcy lawyers handle debt relief cases in Columbus, Fort Benning, Chattahoochee County, Harris County, Marion County, Muscogee County, Lagrange, Albany, Newnan, Peachtree City, Carrollton, and Troup County. We can help you file for Chapter 7 or Chapter 13 bankruptcy. Call (phone) now.