Chapter 13 Bankruptcy in Georgia

When filing for Chapter 13 bankruptcy in Georgia, it is a good idea to understand the process. While you are likely to be represented by a good bankruptcy attorney, the more you know, the better off you will be in order to make decisions regarding your case. There are several different records which must be filed with the courts in order to show what you earn and what you owe as well as what assets you have. These will include such things as a statement of your assets and liabilities and any executor contracts and unexpired leases. You can file as an individually or with your spouse.

Fees Associated with Chapter 13

The fees associated with filing for Chapter 13 bankruptcy in Georgia will have to be paid to the court when you file for bankruptcy initially. There are cases in chapter 13 bankruptcy in georgiawhich you can be given an extension in regards to paying the court fees. This will structure the payments into being paid in installments with an initial final payment being within 120 days of the start of the agreement. You will also have the ability to have this extended to 180 days if you can show just cause. You will need to pay $150 for a filing fee, $39 miscellaneous fee and a trustee fee. All fees must be paid in order to move forward with the case.

Additional Information

When you file your Chapter 13 bankruptcy in Georgia, you will need to work with your bankruptcy attorney to come up with any and all additional information the court will require to move forward with your case. You will need to supply a list that has all of your creditors and what the debt is that you owe them. You will need to provide what kind of income you have as well as where it is coming from. Provide a detailed list of all property which has any value. You will also need to provide details about your monthly expenses.

Trustee Appointed to Your Case

When you file for Chapter 13 bankruptcy in Georgia, you will have a trustee appointed to your case. This is a third party who is designed to be impartial to your case. They will oversee your case and present an opinion to the court on how to proceed. They will also act as an intermediary in cases where there is distribution to creditors which needs to be handled. The trustee’s office will handle collecting payments from you and making sure that all debts are paid off in time.

The Automatic Stay

As soon as you file for Chapter 13 bankruptcy in Georgia, the court will contact all of your creditors and inform them of your actions. This will force them to stop all proceedings to try to collect a debt from you. They will not be allowed to garnish your wages, file or pursue lawsuits or even make phone calls to you demanding payment. They may only resume such action should your case be dismissed. At which time the court will inform your creditors of the fact that your case has been dismissed.

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