Roswell Bankruptcy Attorney

Anyone can file bankruptcy, regardless of income. In fact, bankruptcy is provided for the the United States Constitution. The real question, however, isn't whether you can file bankruptcy but what type of bankruptcy you can file. But income does impact which chapter you can file under, Chapter 7 or Chapter 13.    

Question: Should I Consider Taking Out a Debt Consolidation Loan to Pay Debts?

No. This is almost always a terrible idea. Speak with a bankruptcy attorney before making the decision to take out a debt consolidation loan. If the debt consolidation loan is secured by your home, for example, it changes unsecured debt, which is typically dischargeable in bankruptcy, into secured debt which is typically not dischargeable in bankruptcy. Many other issues are raised by consolidation loans. Speak to an attorney before taking out a debt consolidation loan. 

Question: Can bankruptcy help get my Georgia driver's license back?

It can! If you lost your license solely because you couldn't pay court-ordered damages caused in an accident, bankruptcy will allow you to get your license back. 

Question: I know I have to declare bankruptcy. Will the court mind if it sees dog food expenses on my credit card charges?

Americans love their pets! And Georgians are no exception to the rule. We see all kinds of pet-related expenses that people have incurred. Everything from pet food and veterinary expenses to kitty litter, dog biscuits, obedience training, and toys. We've seen people with all kinds of pets, not only dogs and cats, but birds, reptiles, amphibians and fish, to name just some! The good news is that these pet expenses are dischargeable in bankruptcy.

Question: I live in Marietta but I have a lake house in North Georgia, where is my bankruptcy case heard.

If your primary residence is in Marietta, which is in Cobb County, your case will be filed in and heard in Atlanta.

Question: I have a baseball card collection from the 1950's, 1960's and 1970's. Are these considered assets?

Yes, since the baseball cards have monetary value, they would be considered assets.

Question: I spent too much money on my clothes. I was buying expensive Italian men's suits like Kiton, Gucci, Brioni, and Ermenegildo Zegna. I used credit cards. Can I use bankruptcy to not pay for them? 

Yes. The purpose of bankruptcy is to eliminate debts incurred on various items. Many times those items are consumer goods. You can use bankruptcy to address those debts and to get a fresh start. 

Question: Should I move my assets in to my wife's or children's names?
No, don't do that. The bankruptcy court trustee is usually able to pull bank and payment statements, and will be able to see accounts and assets of yours. To avoid doing anything questionable, always speak with a bankruptcy lawyer before doing anything with assets. 

Question: Which counties are in the Newnan district for bankruptcy?

Here are the counties in the Newnan district of bankruptcy court: Carroll, Coweta, Fayette, Haralson, Heard, Meriwether, Pike, Spalding, and Troup. Should you live in any of these counties, your bankruptcy hearing will be in the city of Newnan.

Question: If I file, can I still spend money on dieting products like Weight Watchers, Jenny Craig, Nutrisystem and Medifast?

Sure, you can still spend money on weight loss products. Many people use these products to lose weight and live a healthier lifestyle.

Question: Can taxes be discharged in bankruptcy?

You can, in fact, discharge income tax debt under certain circumstances. This can be one of the most complicated areas of bankrupcty practice, but taxes can be discharged if they meet certain criteria under the law.   

Question: Can I file bankruptcy with my girlfriend?

No, you can't. You can only file bankruptcy with a spouse. But if you get married, then you can file together.

Question: I have a co-signer/co-debtor on a loan. Will they be affected by my bankruptcy?

They should not be affected. That's because as long as the debt is paid on time, a co-signer/co-debtor's credit should not be affected. But they are still liable for the debt even if you discharge it by going bankrupt.

Question: I broke up with my boyfriend who's a big gamer because he's into an alternative lifestyle. I bought him an expensive gaming chair and the debt is too much. I live in Atlanta.

Gaming chairs can be expensive. But that debt is dischargeable when you file, so don't worry.

Question: Can I still get a student loan after I file bankruptcy?

Yes. Bankruptcy law prohibits the government and those making loans guaranteed or insured under a student loan program from denying a grant, loan, loan guarantee, or loan insurance to a person that is or has been a debtor in a bankruptcy case. 

Question: I've got a credit card from Bank of America and I owe a lot of money on it. I can't afford to pay. Can I file bankruptcy against it?

Yes, you can certainly file and get rid of any debt owed on a Bank of America credit card.

Question: My mortgage lender has started foreclosure proceedings. Can bankruptcy help me save my home in Marietta?

The automatic stay, pursuant to the law, will stop a foreclosure in either a Chapter 7 or Chapter 13.

In a Chapter 7, the automatic stay's protection is likely only temporary. The mortgage company, however, is likely to request the bankruptcy court to lift the automatic stay so it can continue with the foreclosure if you are still behind on mortgage payments after you file your bankruptcy.

By contrast, a Chapter 13 bankruptcy is designed to allow you catch-up on payments over time (generally 36 to 60 months) while under the protection of the automatic stay.  

Question: I will never be able to buy anything again, right? We live in Buckhead.

Incorrect. Our clients tell us they get new credit cards, purchase cars, and even buy houses after bankruptcy, and sometimes during bankruptcy. After filing, clients tell us that bankruptcy improved their credit score by improving their debt-to-income ratio.  

Question: My wife and I adopted a child. But we incurred a lot of debt to do it. Can we use bankruptcy to get rid of some of that adoption debt?

Yes, you should be able to utilize a bankruptcy filing to eliminate that adoption debt and get a fresh start!

Question: I charged up a ton of clothes for myself and my wife at Nordstrom, the department store. What should I do?

Well, an option is to file bankruptcy to eliminate the debt. Nordstrom can be pricey and a lot of people have debt from purchases there.

Question: What's a joint petition? 

An individual and a spouse can file a single bankruptcy petition. That's a joint bankruptcy petition. Unmarried partners, however, must each file a separate case.  

Question: I have some old Verizon and AT&T bills. Can I get rid of those debts by going bankrupt?

Yes, you can eliminate old phone company bills if you file for bankruptcy.

Question: My son is very lazy and doesn't want to work. (It's sad, because he used to work hard.) Will this prevent him from going bankrupt?

No, his laziness, as you describe it, shouldn't prevent him from filing. The court does not inquire as to why someone is not working. They could be lazy, a drug addict, a chronic alcoholic, or simply mentally ill. The court does not inquire as to what the exact issue is. 

Question: My girlfriend admitted that she used to be a high-priced escort in Atlanta, so we broke up. Can we still file bankruptcy together?

No, you can't file bankruptcy with a girlfriend or an ex-girlfriend. You can only file bankruptcy with a spouse.

Question: Do I make too much money to file for bankruptcy?

It is actually nearly impossible to earn too much money for all types bankruptcy. However the level of household income determines which bankruptcy for which you qualify. There are special exceptions for business debts, which are quite favorable.  

Question: I have an art collection and I want to know if I have to indicate that when I declare bankruptcy?

Generally, an art collection would have to be indicated on the paerwork we provide to the bankrupcty court. That doesn't mean that it will make any difference whatsoever in your bankruptcy, however. Some art collections are of very minimal monetary value; in fact, most collections have little financial value. Of course, if you have original works of art by noted artists like Andy Warhol, Pablo Picasso, or Banksy, that would be another story.

Question: What is bankruptcy fraud? And how do I not do it?

You need good attorneys to make sure there is no bankruptcy fraud involved. If a bankruptcy is filed with criminal intent, fraud might be found.Some examples include: the intention of evading payment for goods or services although you have funds for repayment, or accepting payment for goods or services but not supplying such services. Many fraud cases focus on concealment of assets and fraudulent conveyances.

Question: What is Mandatory Credit Counseling?

Prior to filing any bankruptcy case in Georgia, as well as after filing, the bankruptcy law provides that one must now complete a credit counseling course online. A small fee is charged by the credit counseling companies. The mandatory credit counseling course usually lasts 30 to 60 minutes, and can be taken usually 24/7.

A certificate will be issued upon completion, You will provide a copy of that certificate to our office as a condition of filing your case. However, be aware that failure to timely file the certificate of completion results in an automatic case dismissal. Many of our clients have indicated that they have the course interesting.

Question: My kid uses drugs and drinks all the time and he doesn't even work. He's a bum, basically, and he's only 14 years old. Can I use bankruptcy to stop paying child support?

No. Child support cannot be eliminated or lessened via bankruptcy.

Question: I had a Discover Card many years ago. I haven't even thought about it for a long time. Now my job is saying they're going to garnish my wages. What can I do?

Filing a bankruptcy petition will stop a Discover Card wage garnishment. Once you file, the garnishment should stop, and you can keep your money!

Question: Can I still take my erectile dysfunction pills like Cialis and Viagra after I file?

The bankruptcy court will not mind or even care if you take your erectile dysfunction pills.

Question: Can I hire your law firm to represent me in creditor negotiations and to avoid bankruptcy?  

Yes, you can. Not everybody needs to file bankruptcy. Sometimes debt negotiation can be a good option. This can work for people with smaller debt levels and people who can afford to pay back some debt. Many clients like to have an experienced attorney advocate for them in negotiating with the aggressive and tough credit card companies and bill collectors. 

Question: What is a Motion for Relief from Stay?

When a creditor wants permission from the Court to repossess or foreclose on some collateral (typically like a house or car), they file a Motion for Relief from Stay with the Bankruptcy Court. A creditor might do this if the debtor in bankruptcy hasn't done something they said they would do (like make payments, keep the collateral insured, etc.).

Question: I'm a little embarrassed to admit it, but I charged porn websites on my credit card. I can get rid of that debt by going bankrupt?

Yes, you can eliminate those debts by filing. Pornography usage is high throughout the state of Georgia. And sometimes it can even become addictive. So we're seeing those charges being eliminated by a filing.

Question: Can I keep my pets if I file for bankruptcy?

Yes! You can rebuild credit and make it better than ever! Stay current on monthly bills, rent, or mortgage payments, you should be able to qualify for a credit line. Just use the card responsibly and pay off balances quickly, your credit score will go way up, and you will qualify for loans and higher credit card limits. 

Question: If I own a business, do you need to know about it before I file?

Yes, if you own a business we'd certainly need to know some things about it. We often have business owners prepare a profit & loss (P&L) statement that we utilize when we do our financial assessment. Click here for an example of a P&L statement.

Question: My son got his girlfriend pregnant. Can they both file bankruptcy together?

They can both file bankruptcy. But they can only file bankruptcy separately because they are not married. Only married couples can file jointly.

Question: I have a pet fish, and it's an expensive one. Can I keep it after I file?

Yes, keeping your pet should not be an issue. If you file bankruptcy, you can keep your pet.

Question: What is a discharge order?

The ultimate goal of filing a bankruptcy petition is usually to get a Discharge Order. Issued by the United States Bankruptcy Court, a Discharge Order is the order that officially terminates your debts. That means that a creditor who is subject to a bankruptcy discharge order can never again contact you to collect the debt.

Question: I bought a Rolex wristwatch about seven years ago. I'm still paying it off on my Visa credit card. Can I include that debt in my bankruptcy?

Yes, you should be able to do that. It's easy to accumulate debt buying luxury goods, and a Rolex is certainly an expensive watch. We would include that debt when you file.

Question: Can I file for bankruptcy even though I was convicted of a crime about 12 years ago?

Yes, you can. The fact that someone was convicted or plead guilty to a crime, either a misdemeanor or a felony, should not prevent them from filing for bankruptcy. 

Question: How can I get a copy of a bankruptcy filing?

Here's how: The federal judiciary provides public access to federal appellate, district court and bankruptcy court documents through Public Access to Court Electronic Records (PACER), an electronic public access service. 

Question: What is the co-debtor stay?

You must list all your debts and obligations on the bankruptcy paperwork, the law specifies. A debtor, though, may repay as many dischargeable debts as desired after filing under Chapter 7. And that's at his or her discretion. Don't worry, by voluntarily repaying one creditor, a debtor does not become legally obligated under federal law or Georgia law to repay any other creditor.

In fact, the only dischargeable debt that a debtor is legally obligated to repay after filing under Chapter 7 is one for which the debtor and the creditor have entered into what is called a reaffirmation agreement. We counsel our clients that it is almost never advisable to reaffirm general unsecured debts that would be discharged in bankruptcy.  

Question: I'm a big fan of our local Atlanta teams. I get tickets to Atlanta United, the Hawks, Braves and Falcons. If I declare bankruptcy, can I still go to see my teams?

Yes, bankruptcy doesn't prevent you from being a great Atlanta fan. You should still be able to attend games!

Question: I owe my grandmother money that she gave me for college and a car. Can I wipe out those debts by declaring bankruptcy?

Yes, you can. Debts to relatives, even close relatives, are dischargeable under the federal bankrupt law.

Question: I'm a Mexican citizen living in the United States. Can I file bankruptcy? I live in Roswell.

Yes, you can. You do not have to be a United States citizen to file.

Question: My creditors call me constantly.  What should I do?  Legally, do I have to respond to their calls?

When you file a bankruptcy petition, creditors can't contact you in any way. All collection efforts to collect on a debt you owe must stop.  

Question: When I was younger and lived in Athens, GA, I got into debt with dumb stuff like expensive shoes, a vaginal piercing, jewelry. Will the court care?

You spent money on all legal activities, you'll be fine.

Question: I have a ruby, a couple of diamonds, sapphires, and emeralds. Will they stop me from going bankrupt?

You should be able to file bankruptcy even if your gemstones are very valuable. But we'd help you determine that and we'd advise you on the best way to file depending on the values of the gems. We have helped many people with gemstones  (rubies, emeralds, diamonds, sapphires, etc.) file for debt relief, so don't worry!

Question: I used my credit card at some strip clubs. Can I bankrupt those charges?

Yes, generally those types of "entertainment" debts are dischargeable via a filing. The same would be true for debts incurred in purchasing Atlanta Braves, Atlanta Hawks or Atlanta Falcons tickets, for instance.

Question: I'm a songwriter in Atlanta. I was wondering if I have to disclose royalty payments that I get for my songs?

Since music royalty payments are assets, yes, you do. But we have worked with many people in the recording industry, artists, producers, musicians, and it's usually not a problem at all.

Question: Is bankruptcy a sign I am a bad person?

Of course NOT! Many great Americans have filed bankruptcy. In fact, the founders of our country considered bankruptcy important enough to include provisions for it in the Constitution when it became the law of our land in the late 1700s. In fact, it's included in Article 1 of the United States Constitution.    

Question: I transferred money in 401 (k) to my ex-wife using a QDRO. Now she's filing bankruptcy and I want to know if she's going to lose that money?

A qualified domestic relations order (or QDRO) is the legal mechanism that is used to split retirement accounts or pension plans when spouses divorce. But if she put that money into another retirement account, creditors can't touch it.

Question: Do I have to disclose the make and model of my car?

Yes, you do. But the vast majority of people keep their car when filing bankruptcy. Really, it shouldn't be a problem.

Question: Can transgender people file bankruptcy?

Yes, of course. Any person has the right to file bankruptcy.

Question: Can I get rid of all of my debts by filing bankruptcy?

While you can eliminate may debts by filing a bankruptcy petition, not every single debt can be erased. Student loans, unpaid or back taxes, loans given by the government and some other debts can only be discharged under certain specific and limited circumstances. But we do a financial assessment and advise you on what may or may not be eligible for discharge.

Question: I'm being sued by the law firm of Cooling & Winter, LLC. Can I stop the lawsuit by filing?

Yes, generally you can. Cooling & Winter files many lawsuits against good people. You can stop the lawsuit by filing bankruptcy. 

Question: To file bankruptcy, do I need to fill-out a lot of paperwork?

Not really! We have streamlined the process and the paperwork that we use is very simple, and we answer any questions you may have.

Question: Can a convicted felon file bankruptcy?

Yes, a convicted felon can file bankruptcy. Just because you have a criminal record doesn't mean you can't file.

Question: I have a felony on my record. Will that felony charge stop me from being able to go bankrupt?

No, a felony charge will not prevent a filing. Under the law, if you have a felony, you can still do a bankruptcy.

Question: What about my massive student loan debt?

Burdened with substantial student loan debt and facing extreme financial hardship, well you may be able to discharge some or all of your student loans in a Chapter 7 bankruptcy proceeding. But the process is notoriously difficult and these loans are rarely discharged. However, you may be able to get the relief you need. You want an experienced bankruptcy attorney to analyze your specific situation and help you understand the what options may be available to you. 

Question: I owe my grandfather money. Can I get rid of the debt by filing?

You can! Debts owed to relatives can be discharged in by the bankruptcy court.

Question: What is a bankruptcy discharge?

A discharged debt is a debt that you are no longer obligated to repay. The bankrupcty court issues a discharge. Some debt, though, may not be discharged in bankruptcy. Some examples of debt that can't be dischrged include child support, student loans, certain tax debt, and spousal support.  

Question: Can I still keep my exotic fish and my cat if I file?

Yes, you can. We've never heard of people losing pets because they filed for bankruptcy.

Question: I got scammed out of money. Can I put that debt into a filing?

Yes, you can. There are many scams and frauds out there today. The Internet, in fact, is filled with them. If you fall victim to a fraud, a scam, a con or any criminal conduct, we'll try to help you eliminate that debt in bankruptcy.

Question: I owe my dermatologist money. Can I put that bill into a bankruptcy?

Yes, you can put the dermatologist bill into a bankruptcy filing. In fact, medical bills can be discharged through bankruptcy.

Question: I was just served with papers by the law firm of Zwicker & Associates, P.C. Can I use bankruptcy to stop them?

Yes, you can use a bankruptcy filing to eliminate the debt and make Zwicker stop the lawsuit.

Question: I had a business. I closed the business. Do you think I'm personally liable on the business debt?

Yes, most likely you are. Most business debt is personally guaranteed. That means the lender demands that you (the small business owner) provide a personal guarantee for any debt you have. Of course, large companies don't need to have anyone personally liable for debt as they have assets and collateral. However, an owner of a small business is almost always required to pledge that he or she will repay the debt if the business can't.

Question: What do I tell creditors who call me after filing for bankruptcy?

After you retain us, I invite you to have your creditors contact our firm.

We will tell them that you are our client. Please keep in mind, however, creditors are not required to stop contacting you until after your case is filed.  

Yes. People file bankruptcy on medical bills all the time. The fact that you've been using the same healthcare provider for a number of years is irrelevant. You can eliminate your debt.

Question: I spent all this money on penis enlargement pills and devices. It's on my credit cards. Can I wipe that debt out by going bankrupt?

Yes, you can. Those types of debt are dischargeable (that is they can be wiped-out) by filing a bankruptcy petition. 

Question: My wife earns some extra money on the website OnlyFans.com selling fattish pictures, should we tell the court?

Under the law, all income should be disclosed. So if that involves selling fetish photos on OnlyFans.com, then the answer is yes.

Question: I live in Dunwoody and my daughter went to rehab for drugs (she was using cocaine, meth and marijuana). The rehab says I owe them a lot of money. Can I put the money the rehab says I owe into my bankruptcy?

Yes. Any sums of money owed to drug and/or alcohol treatment facilities can usually be eliminated by filing a Chapter 7 or a Chapter 13.

Question: Can filing bankruptcy help me buy a house?

Yes, people use bankruptcy to get rid of debts and save money for a down payment for a home. Most banks require at least a year and a half to two years to pass from the filing of the bankruptcy before you can purchase a home. 

Question: My wife racked up pretty big bills from a psychiatrist and a therapist. Can I use bankruptcy to get out from under these debts?

Yes, you can file bankruptcy and eliminate debts owed to psychiatrists and therapists.

Question: My wife racked-up some major debts from her plastic surgery. She got a facelift, a tummy tuck, her nose done and she got breast augmentation. The she actually got a breast reduction because she still didn't like them! Will getting a bankruptcy get rid of this debt?

All those procedures are dischargeable in bankruptcy. Hospital bills and Medical bills, including those for plastic surgery, are appropriate for bankruptcy; the law allows you to get rid of those debts.  

Question: I smoke marijuana. Does the bankruptcy court make you do a pot test?

No, the bankruptcy court does not make you do any kind of drug or alcohol test.

Question: How should I dress when I go to bankruptcy court?

Since it's a court, you should dress respectfully, but also comfortably. Think some form of "business casual" and you should be fine.

Question: My daughter is transgender. Does that matter? Can I still do a bankruptcy?

We're not sure why that would matter under the bankruptcy law. That will certainly not prevent you from filing.

Question: I had a heart attack and can't pay my medical bills. Can I file for bankruptcy and not pay anything at all?

It's certainly possible; we've done it many times. If you qualify for a Chapter 7, then we can eliminate all you hospital and medical bills.

Question: Is there an average age for people that file for bankruptcy? 

People of just about any age file. While it's often people between the ages of 30 to 75, we've had many clients who are older and younger than that file. It's easy for anybody to get into too much debt.

It's always better to make an appointment rather than delay and deal with the stress and harassment involved in owing money. We offer a free consultation to meet with an expert attorney who will evaluate the situation and then recommend corrective actions. It's always better to address a problem as soon as possible rather than wait and let it get bigger. 

Question: My husband is an alcoholic. Will that stop him from filing?

No, it won't. Millions of Americans have drug and alcohol problems and it doesn't impact their ability to file bankruptcy.

Question: Can I change my mind?

Yes, you can. After filing your petition, if you change your mind for any reason, you may ask the court to voluntarily dismiss your case, and the court will likely (but not definitely) do so. The court wants to ensure, though, that creditors won't be harmed, and there won't be undue expense to the trustee or the court.  

Question: I've lived in other states, like Florida, New York and California. Now I live in Georgia. Can I get rid of debts from those other states here?

Yes, you can get rid of debts incurred in any state if you file here in Georgia. Now that you live here, we can address all of your debts no matter where they're from.

Question: I had COVID-19 and was hospitalized? Can I get rid of that debt in bankruptcy?

Yes. Medical, doctor and hospital bills of all types are discharged when you file bankruptcy.

Question: I charged a lot of internet porn on my credit card. can I eliminate that in bankruptcy?

Yes, you can. Just about all debts are dischargeable (that is can be eliminated) in bankruptcy. 

Question: I like to drink wine in the mornings. Is it alright if I show-up at my bankruptcy court trustee meeting after drinking a little?

You should not be drinking before a court appearance. If you are deemed intoxicated, the trustee will not proceed with your matter that day and there could be major negative implications.

Question: If I file bankruptcy, can I still own a pet?

Sure, you can certainly own a pet! There is nothing preventing a pet-owner from filing. 

Question: I couldn't pay damages from a car accident. Can going bankrupt help me?

Yes, it can! If you lost your license solely because you couldn't pay court-ordered damages from an accident, bankruptcy should will allow you to get your license back.

Question: We donate to the High Museum of Art every year. If we file can we still donate?

You should be able to make charitable donations even after you file. Charity is a big part of some people's lives and filing bankruptcy doesn't have to put a stop to it.

Question: I live in Lawrenceville, GA, and I have old tax debt. Can bankruptcy eliminate this old tax obligation?

Tax debt that is over three years old can possibly be discharged in a bankruptcy filing. Because many Georgians owe tax obligations, we have a lot of experience with the issue. We always seek to eliminate tax debt whenever we can.

Question: I am behind on my rent. Can bankruptcy stop an eviction?

If you are a renter and you are being evicted from your home or apartment, the automatic stay might help buy you some time.

However, you will need to file bankruptcy before your landlord gets a judgment of possession against you, or it could be too late. When the landlord has a judgment of possession, however, he or she may proceed with the eviction as if you hadn't filed for bankruptcy. So don't wait to file! 

Question: I used to live in Florida and I racked-up a lot of debt there. Can I still file in Georgia? I've lived here two years.

Sure, you can eliminate debts you incurred when living in another state. That happens all the time.

Question: I live in Sandy Springs, Georgia, but I'm not an American citizen. can I still file?

Yes, you can file. There is no legal requirement to be an American citizen to file.

Question: I live in Buckhead. Can I keep the condo I live in?

You can almost always keep your house or condominium when you file bankruptcy.

Question: Do I have to fill-out papers to go bankrupt?

Actually, you provide us with the necessary information and we complete all necessary paperwork for you. We do all the work, including preparing the long petition, etc.  

Question In the 1990's I was in a gang. I'm not proud of it, but I was. Will that stop me from filing?

No, that past membership in a gang should not cause you issues in bankruptcy court, some 20 years later.

Question: What are exemptions for bankruptcy?

Bankruptcy exemptions are found in the law and permit you to be able to keep some of your property and assets safe from being liquidated. Exemptions are used to either protect the entire value of the asset or up to a certain monetary amount. Basically, If an asset qualifies for an exemption, it will remain untouched and unaffected by your bankruptcy. Each state can set exemptions for various types of property.  

Question: I need a bankruptcy lawyer in Roswell, GA, to tell me if I should cash-out my 401(k) before I file.

Do not cash-out your 401(k) plan. Retirement accounts are protected when you file a bankruptcy.

Question: If I want to go bankrupt, do I have to disclose to the court that I own some cryptocurrency, like Bitecoin and Ethereum?

Since cryptocurrency like Bitcoin and Ethereum have value, you would have to state that you own some. Just like any other asset, just because you own some doesn't mean you own a lot of it or that its value will make any difference in you matter.

Question: My husband is a big drinker and I fear he's an alcoholic. Let's say he shows up at bankruptcy court drunk or very buzzed?

He really should do his best to refrain from alcohol use before and while in court. 

Question: What can a creditor do when someone files bankruptcy against them?

There are a number of options available to creditors in a bankruptcy. Basically, those options depend on the type of debt. But a creditor might be able to object to the debtor's discharge, or object to the debtor's plan of reorganization, or repossess collateral, or file a proof of claim to receive payments through the debtor's bankruptcy reorganization.

Question: Will the bankruptcy judge care if I use Netflix? That's something I love to watch!

No, the judge is not likely to care at all if you subscribe to Netflix.

Question: We went to marriage counseling and I don't want to pay that debt since we're now divorced? Will bankruptcy help?

Yes, you can get rid of the debt for marriage counseling (which didn't work) by filing bankruptcy. 

Question: I bought some very expensive bras on my American Express credit card. I spent too much and I can't pay the debt. Can I put those bras in the bankruptcy?

Yes. Undergarments can be pricey. We can certainly put those charges from your AMEX card into a filing.

Question: Since I'm an architect, will bankruptcy prevent me from getting licensed?

No, it certainly won't. It should have absolutely no effect on your license.

Question: Do I have to disclose in I own mutual funds?

Yes, since they are assets you would disclose them.

Question: I love tattoos. I have many tattoos, including a face tattoo. Should I try to cover up my tattoo when I go to court?

Many Americans have tattoos. Many people consider it an art form. So, no, there is no need to cover up a tattoo.

Question: I have been convicted of a few misdemeanors and a felony. Will that stop me from declaring bankruptcy?

No, that will not prevent you from getting a bankruptcy. A criminal record, whether for a misdemeanor or felony, will not stop you from being able to file and obtaining a discharge.

Question: I recently received a 1099-C for Cancellation of Debt from a creditor. Do I owe taxes on debt discharged by a bankruptcy filing? What do I do with this 1099?

Generally, debt discharged in bankruptcy is not subject to and tax liability. However, if you received a 1099, you must report it on your taxes. The way that you counteract a 1099, however, is by filing an IRS Form 982. An IRS Form 982 is how you report to the IRS the fact that a 1099 is actually incorrect and that you should not incur any tax liability due to the improper 1099. The Form 982 and instructions on how to complete it is available on the IRS website. We are not tax lawyers so tax questions should be referred to a CPA who should be familiar with this form and can assist you in filling it out properly. 

Question: Debt collectors are harassing me and I need them to stop. Can you make them stop?

When we file, they must stop. Under the law, once we file our petition, no creditor can take any action to collect or enforce any debt except through the bankruptcy court. If they persist after we've filed, they are breaking the law and could be liable to pay damages! 

Question: I live in Alpharetta, but I have a condo in Blue Ridge, GA. Can I file in Alpharetta or Blue Ridge?

If you live in Alpharetta, Georgia, which is in Fulton County, you would file there. You file bankruptcy based upon your primary residence. Your case would be in Atlanta at the federal court.

Question: I have to pay child support and it's a lot of money. And I got divorced because my wife cheated on me. Can I go bankrupt and not have to pay it?

Child support can't be eliminated by filing a bankruptcy. It is a non-dischargeable debt.

Question: I now live in DeKalb County and I'm married. When I lived in Los Angeles, California, 19 years ago, I did some adult movies. Do I need to tell the bankruptcy judge?

It doesn't sound like your prior career is relevant. It doesn't sound like you would have to disclose that.

Question: I'm a Southern Baptist. Can a Southern Baptist file bankruptcy? I live in Cherokee County.

There is nothing at all preventing a Southern Baptist from exercising his or her constitutional right to get a fresh financial start. There is also nothing in the Bible that says you shouldn't file bankruptcy.

Question: I have a family farm and we're hurting. What chapter can I file to possibly save it? 

Chapter 12 was designed for family farms. Here are some characteristics of a Chapter 12 bankruptcy:

• In Chapter 12 the farm debtor has 90 days or sometimes even longer to file a proposed plan, which is unlike Chapter 13, in which a payment plan must be either submitted at the beginning of the case or within approximately two weeks.
• The Chapter 12 debtor does not need to make payments to the trustee until 30 days after the Chapter 12 plan is approved by the court. While a Chapter 13 requires payments be made under the plan right away. 
• Debtors in Chapter 12 are enabled by law to sell a portion of the farm real estate and pay significantly lower taxes on the profit from that sale. 

Question: I'm a nurse and I want to know if I can still be a nurse after I file a bankruptcy?

No problem! We have helped many nurses file bankruptcy, and filing for debt relief under the bankruptcy law will not prevent you from practicing as a nurse.

Question: I live in Cumming, GA. Where is my bankruptcy court?

You would go to court in Gainesville, GA, if you file bankruptcy and live in Cumming. That's where the federal court is that serves Forsyth County.

Question: I have a stock brokerage account with Charles Schwab. Can I still file?

Yes, you can still file. The first question we'll ask if the brokerage account is a retirement account. If so, it's treated differently than other financial accounts. But whether your account is with Charles Schwab, Fidelity, TD Ameritrade, Vanguard, E*Trade, Interactive Brokers, TradeStation, or Merrill Edge, or any other broker, the rules are the same. 

Question: I bought men's suits by Tom Ford, Brioni, and Isaia. I paid on my Discover card. I can't afford it because I lost my job. Will bankruptcy help?

You can eliminate consumer debts of all types by filing. And since those purchases are consumer debt, you can include them in the filling.

Question: I inherited my grandmother's silver. I think she got it as a presnt from a sailor during World War 2. Is that something I need to list for the bankruptcy court?

You do need to list assets of value for the bankruptcy court. The law requires it.

Question: Can my ex-wife stop me from declaring bankruptcy? She's angry that I'm dating her sister.

We're not sure what your ex-wife would do to prevent you from filing. But generally a former spouse would be powerless to stop you.

Question: I have a high credit score. It's over 800. Can I still file? I live in Alpharetta.

Yes, you can. Your credit score is irrelevant to bankruptcy. You can file with a very high credit score, a very low credit score, or anything in between.

Question: I got into debt because my wife wanted me to get a vasectomy. I used credit cards for it and I need to take care of that debt.

Doctor bills and hospital bills are dischargeable in bankruptcy. That is the debt can be eliminated when we file. Your medical procedure, the vasectomy, should be a debt that we can wipe-out. 

A simple surgical procedure, a vasectomy is done by a doctor in an office, hospital, or clinic. The procedure blocks the small tubes in your scrotum that carry sperm, so sperm can't leave your body and cause pregnancy. It's a quick procedure and you can go home the same day. It's almost 100% effective at preventing pregnancy.

Question: What do you think is the best way to protect my property during bankruptcy? I live in Brookhaven, GA.

In Georgia, we can show you how to use either federal or state exemptions, or both. We will help you best determine which exemptions apply to your specific situation, and we draft your petition to make sure it's correct. We want you to keep everything you have, so we make sure your petition is accurate and detailed. If we believe any of your assets could be at risk, we will discuss this before we ever file the petition. 

Question: I work for Goldman Sachs and I need to know if I have to disclose my bonus if I want to seek bankruptcy protection?

Yes, since you need to disclose your income, and a bonus is part of income, you would need to disclose it.

Question: I live in Lawrenceville, GA, and I need to file bankruptcy. Do I go to the bankruptcy court in Lawrenceville?

There is no bankruptcy court in Lawrenceville. If you live in Lawrenceville, or anywhere in Gwinnett County, you go to the bankruptcy court in Atlanta.

Question: My boss is a millionaire. And she said going bankrupt was the best thing she's ever done financially. Have you heard that before?

Yes, we hear that all the time! Bankruptcy gives people a fresh start and a whole new financial life. Many millionaires file for bankruptcy just like everybody else.

Question: I put my alcohol rehab on credit cards because I'm an alcoholic and needed immediate help. Can I get rid of that in bankruptcy court?

Let me start out by saying you did the courageous and smart thing to address your problem and you should be commended for it. There is no legal prohibition that would prevent you from eliminating alcohol treatment center debt via bankruptcy. We have gotten rid of debt incurred in outpatient and inpatient programs when people have sought help for drug and alcohol issues.

Question: I tried to open a restaurant and put the money on my MasterCard. can you help with that debt?

Yes, we can. We can eliminate that debt for you.

Question: I'm going to file, and I have to do a QDRO to transfer part of my 410(K) to my ex-wife. Will filing prevent that?

No, a bankruptcy filing will not prevent a transfer of money via a Qualified Domestic Relations Order (QDRO) from taking place. A QDRO is the mechanism used to facilitate a transfer of funds from a retirement account when spouses divorce. Since it's from a retirement account, it is an exempt transfer.

Question: I used to smoke a lot of pot. Is there a drug test in bankruptcy court? I live in Atlanta.

No, there is no drug test at bankruptcy court.

Question: Is the 2nd bankruptcy course mandatory and when do I have to take it?

The class is mandatory but it is easy and you will have no problem completing it, our clients tell us. It's a Financial Management Course and is required by federal law to get a bankruptcy discharge and is usually completed sometime after the 341 Creditors Meeting. Upon completion, you will get a certificate for the course and that must be filed with the bankruptcy court before you get your discharge -- so it's important. We can certainly recommend a service provider who gives the course. Most providers have the option to complete the course online or over the phone, and Spanish speakers are accommodated as well. 

Question: I like to play the lottery, it's my hobby. Can I still do the lottery if I file?

You can. Many people love the excitement of the lottery. There is nothing stopping you from playing the lottery if you file. Good luck! 

Question: I lost money to an Internet scam based in Eastern Europe. Can I get rid of that debt by doing a bankruptcy?

Yes, you can eliminate debt from Internet scams and frauds when you file. 

Question: I'm a dentist here in Johns Creek. Can I still be a dentist if I file bankruptcy?

Yes, no problem. Filing bankruptcy should have absolutely no impact on your ability to practice dentistry. We've helped many dentists file over the years.

Question: I loaned my grandmother money to but a new walker, a car, and to help out with her medications. Now she's filing bankruptcy. Can she just not pay me?

She can eliminate that debt when she files bankruptcy. We see debts to relatives and friends eliminated all the time. She can legally do it.

Question: I got a lot of tattoos and now I'm broke. Can I still declare bankruptcy? I live in Duluth. 

Sure, you can file even if the debt is from tattoos.

Question: Are bounced checks dischargeable in bankruptcy? I live in Cumming.

Question: Do I have to list all my debts to file? I live in Norcross, GA.

Under the bankruptcy statute, a person seeking bankruptcy protection is required to list all debts, assets, and properties. If you do not want a specific debt discharged, discuss that with your bankruptcy attorney. Some debts can be reaffirmed.

Question: If I'm going through a divorce, how will my ex-spouse filing bankruptcy affect our divorce settlement? I'm worried!

Alimony, maintenance, and/or support are protected from discharge. So your ex-spouse can't get rid of those obligations! Divorce decrees and separation agreements are covered by 11 U.S.C. Section 523(a)(15).

Question: I am being sued by American Express for an old credit card debt. Will going bankrupt stop the American Express lawsuit?

American Express and their lawyers can be very aggressive collecting debts. They oftentimes bring a lawsuit to collect monies they think are owed to them. But if you file for bankruptcy, the lawsuit should stop.

Question: I was addicted to opioids and got into a lot of debt. Do you think the bankruptcy judge will ask about my opioid addiction?

Opioid addiction is, sadly, prevalent. It is highly unlikely that your addiction will be raised by a bankruptcy court judge or trustee. We have seen many people who are battling the addiction. It certainly can cause someone to take on more debt than they can handle. So the good news is that by filing you can address the debt from the addiction.  

Question: Since you're a Fulton County bankruptcy lawyer I need to know if I can still get birth control if I do bankruptcy? I live in Sandy Springs.

You sure can still get birth control. The court would not prevent someone who has filed from obtaining birth control.

Question: I owe my ex-wife alimony. But I don't want to pay her any more. Can I get rid of my alimony if i file bankruptcy?

No, alimony is usually non-dischargeable in bankruptcy. 

Question: I got a lawsuit from an old credit card against me and I want to make it stop. Will bankruptcy save me.

Once we file, the lawsuit should stop. Many people file to eliminate that type of debt.

Question: My husband got arrested for selling meth. Can I stop a foreclosure of our house?

You can stop a foreclosure of your house by filing a chapter 13 bankruptcy. If you do that, all the arrears will be paid-back over a number of years and you can keep the home.

Question: I live in Duluth, Georgia, and I have a 401(k). Can a court grab that money if I file?

No, retirement accounts are exempt and not part of the bankruptcy estate. So, no, a court can't take take the money.

Question: Should I reaffirm a debt?

You'll probably want to reaffirm some debts. After filing for bankruptcy your creditor may come to you while the bankruptcy is still in process and ask if you will enter into a reaffirmation agreement for a debt. The reaffirmation agreement, in effect, acts like a new contract between you and your creditor. It allows you to keep the property secured by the debt. Before you sign anything, however, it is probably in your best interest to have the agreement reviewed by an experienced attorney.

Question: I live in Decatur, in DeKalb County. Can I put all my debt into a bankruptcy, or just local debt?

I'm not sure what you mean by "local debt." You can put all of your debt, from anywhere, into the bankruptcy filing.

Question: Can I still buy diet soda if I file bankruptcy? I just love my diet drinks!

That's a question we've never gotten before. But, yes, you can certainly buy diet soda (as well as other beverages) if you file.

Question: I own an African serval cat. She was expensive. Is it alright to go bankrupt if I own a pricey pet?

Sure, that's not a problem. We have had clients who have owned serval cats. Serval cats are quite beautiful and exotic felines. Servals are found throughout the savannahs of Africa, where the grass is tall. and the serval can use its amazing jumping abilities for hunting. They have a devoted following here in the United States. Indeed, many people have costly pets including cats, dogs, etc., so that should not prevent you from filing.

Question: If declare bankruptcy, can I still go to the movies? I enjoy going to the movies.

We are big movie fans, too. You can still go to the movies after you file. There is nothing stopping you from doing it!

Question: My car was repossessed three years ago. Now I'm being sued. What should I do?

Filing bankruptcy will stop a lawsuit. And you can include the debt in the bankruptcy and have it eliminated. Many times car repossessions involve a lawsuit months or years later. A great way to get rid of a lawsuit is to file bankruptcy!

Question: Seriously, will I lose everything if I go bankrupt? 

You will not. That's because we know how to use the multiple exemptions for different types of property, like your house and car.

Question: I was living in Dunwoody and I caught my wife cheating and now we are getting a divorce. Does divorce often lead to bankruptcy?

Yes, divorce is actually a leading cause of bankruptcy.

Question: Does bankruptcy eliminate all debts? I live in Cobb County.

Not every type of debt is eliminated by filing, although most are. Even if you file bankruptcy, you will still owe some kinds of debts under the law. These include back child support, alimony, student loans, and certain kinds of tax debts.   

Question: I use Methadone. It's prescribed by my doctor. Can I still take it if i file? I live in Henry County.

Yes, you can take prescription medications if you file.

Question: Do companies try to psychologically get you to buy stuff? I live in Holly Springs, GA.

Companies spend massive amounts of money to try to get you to buy consumer products. Retailers of all sorts, advertising agencies, public relations firms, and credit card companies, among many others, do everything they can to get you interested in buying things.

Question: The COVID-19 is causing me to get into too much debt. Can you help me file? I live in Smyrna, GA.

The coronavirus pandemic is causing many people serious financial harm. But we will help you!

Question: Which counties are in the Atlanta division of the Northern District of Georgia?

The Atlanta division of the Northern District of Georgia is comprised of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fulton, Gwinnett, Henry, Newton, Rockdale Counties. That means if you live in any of these counties, your trustee meeting will be held in Atlanta.

Question: Can I get a bank account after I file bankruptcy?

Yes! And you can keep your current account wherever you're approved by the bank. Many people think that they will not be allowed to have assets after a bankruptcy, like a house or bank account. This not the case.  

Question: I'm a book collector and I have first editions of F. Scott Fitzgerald's "The Great Gatsby", "Of Mice and Men" by John Steinbeck, "Lonesome Dove" by Larry McMurtry, and "The Importance of Being Earnest" by Oscar Wilde.  Do I have to list them as assets?

Yes, since they are collectible first edition books, they must be listed as assets. Of course, to determine their true value we might have to get them appraised.

Question: I got a credit card in college and I racked-up a ton of debt. Can I get debt relief if I declare bankruptcy?

Yes, you can get a fresh start even for old debt. We can eliminate the old debt when you file.

Question: I put a lot of money on my credit cards to start a business. Now that business is closed. Can I get rid of that debt?

Yes, there is no prohibition on eliminating business debt that you incurred in a personal bankruptcy filing. In fact, it happens all the time!

Question: I got into debt in Miami, Florida, but I've lived in Atlanta, Georgia for over six months. Can I file here?

Yes, you can file. You've been here long enough.

Question: Will my CDL be affected by filing bankruptcy?

No, your commercial driver's license (CDL) is generally not affected by a filing. Many CDL holders all across America file.

Question: What does the Bible say about bankruptcy?

Here is the verse probably most relevant to our concept of bankruptcy when a person has their debts totally eliminated: in Deuteronomy 15:1-2, the Bible states: “At the end of every seven years you shall grant a release of debts. And this is the form of the release: Every creditor who has lent anything to his neighbor shall release it; he shall not require it of his neighbor or his brother, because it is called the Lord's release.” 

You must not feel embarrassed or guilty about filing. If you do, let us remind you that Scripture contains numerous examples where Jesus forgave people of far worse behavior than taking on more debt than they could handle. For starters, Jesus forgave prostitutes (Luke 7:36-50), murderers (Acts 9), thieves (Luke 23:26-43), extortionists (Matthew 9:9-13), and adulterers (John 8:1-11).

Question: I have money in a retirement account that I got from a QDRO after my divorce. If I file, will the court take that money?

No, generally assets in a retirement accountant not part of the bankruptcy estate and are not in danger of seizure.

Question: Is it true that if you're married, both you and your spouse must file bankruptcy?

It is NOT true. Both spouses do NOT have to file; only one spouse can file. In fact, in many cases, only one spouse files, and if you don't have any joint debt, your filing will have no direct impact on your spouse.

They will appear as “discharged” or “discharged in bankruptcy.” So they no longer exist!   

Question: I live in Cobb County and my business is in Fulton County. Where do I file bankruptcy?

Both Cobb County and Fulton County are served by the bankruptcy court in Atlanta.

Question: I owe my ex-girlfriend some money? Can I bankrupt on it?

Yes, you can. We get a lot of questions about being about to discharge debts to relatives. Debts owed to relatives are dischargeable under the U.S. bankruptcy law.

Question: I'm a member of the U.S. military and my wife and I want to go bankrupt. Does being in the military prevent me from filing?

No, it doesn't. Being a member of the military doesn't stop you from filing. You and your spouse can file.

Question: I owe some gambling debt from betting on college football (The University of Georgia) and the NFL (mostly the Atalanta Falcons)? Can I get rid of it in bankruptcy?

Yes, you can eliminate all sorts gambling debts by filing either a Chapter 7 or a Chapter 13. 

Question: Is the court going to take my clothes if I file for bankruptcy? I live in Lawrenceville, GA

You should have nothing to worry about. No, a court will not seize your garments if you file for bankruptcy!

Question: Which counties are in the Gainesville division of the Northern District of Georgia? 

The Georgia counties served by the Gainesville division of the Northern District include Banks, Barrow, Dawson, Fannin, Forsyth, Gilmer, Habersham, Hall, Jackson, Lumpkin, Pickens, Rabun, Stephens, Towns, Union, and White. So if you reside in any of these counties, the bankruptcy court is located in the city of Gainesville. 

Question: Can you stop our car and other possessions from being repossessed?

Yes, we can. Bankruptcy can stop the repossession of your car, or other personal property, and provide you with an opportunity to catch up on missed payments.