Debts not discharged by bankruptcy in Georgia
The Chapter 13 debtor is to get a discharge on successful completion of entire payments under the Chapter 13 plan. In exchange for the willingness of the Chapter 13 debtor to maintain the discipline of a repayment plan for 3 to 5 years, a broader discharge is available under Chapter 13 than in a Chapter 7 case.
As a general rule, the individual is discharged from all debts under the plan or debts that are rejected, except for the following:
1. Some long-term obligations such as a home mortgage;
2. Alimony and Child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.
If these types of debts are not totally cleared under the Chapter 13 plan, the debtor will continue to be liable for them after the bankruptcy case has concluded.
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We are Augusta GA bankruptcy lawyers and bankruptcy attorneys in Augusta - Evans Georgia that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Bankruptcy Lawyer Augusta GA - Bankruptcy Chapter 7 Discharge
Bankruptcy Chapter 7 Discharge
Augusta GA Bankruptcy Lawyer
Although the filing of an individual Chapter 7 petition usually results in a discharge of debts, an individual's right to a discharge is not absolute, and certain kinds of debts will not discharged. Also, a bankruptcy discharge does not discharge a lien on property. In other words, a creditor retians its rights to collateral securing a debtor's obligation.
However the bankruptcy court can refuse to discharge the debts. The usual grounds for denying a discharge to an individual debtor include:
6. Debtors failure to keep or produce adequate books or financial records;
7. The debtor failed to explain satisfactorily any loss of assets;
8. The debtor committed a bankruptcy crime such as perjury;
9. Debtors failure to obey a lawful order of the bankruptcy court; or
10. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.
Generally, the individual is discharged from all debts provided for by the plan or debts that are rejected, except for the following:
1. Some long-term obligations such as a home mortgage;
2. Debts for alimony or child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.
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We are Augusta GA bankruptcy lawyers and bankruptcy attorneys in Augusta - Evans Georgia that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
Augusta GA Bankruptcy Lawyer
Although the filing of an individual Chapter 7 petition usually results in a discharge of debts, an individual's right to a discharge is not absolute, and certain kinds of debts will not discharged. Also, a bankruptcy discharge does not discharge a lien on property. In other words, a creditor retians its rights to collateral securing a debtor's obligation.
However the bankruptcy court can refuse to discharge the debts. The usual grounds for denying a discharge to an individual debtor include:
6. Debtors failure to keep or produce adequate books or financial records;
7. The debtor failed to explain satisfactorily any loss of assets;
8. The debtor committed a bankruptcy crime such as perjury;
9. Debtors failure to obey a lawful order of the bankruptcy court; or
10. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.
Generally, the individual is discharged from all debts provided for by the plan or debts that are rejected, except for the following:
1. Some long-term obligations such as a home mortgage;
2. Debts for alimony or child support;
3. Debts for most government-funded or guaranteed educational loans or benefit overpayments;
4. Debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, which also refers to debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.
---------------------
We are Augusta GA bankruptcy lawyers and bankruptcy attorneys in Augusta - Evans Georgia that assist their clients in filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Augusta GA.
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