Evans, Georgia Bankruptcy discharge

Evans, Georgia Bankruptcy discharge

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The individual can have secured debt as well as unsecured debt and how each of these is dealt with can change from case-to-case. A debtor seeking protection under chapter 7 of the Federal Bankruptcy Code may have to surrender a part of their personal property in order to satisfy some of the debts owed to the creditors.

The usual grounds for denying a discharge to an individual debtor in Evans, Georgia include:
1. Debtor’s failure to keep or produce adequate books or financial records;
2. The debtor failed to explain satisfactorily any loss of assets;
3. The debtor is guilty of a bankruptcy crime such as perjury;
4. The debtor failed to obey a lawful order of the bankruptcy court; or
5. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.

The Chapter 13 debtor in Evans, Georgia is entitled to get a discharge upon successful completion of all 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 three to five years, a wider discharge is available under Chapter 13 than in a Chapter 7 case.
Usually, the debtor in Evans, Georgia is discharged from all debts under the plan or debts that are rejected, except for the following:
1. Certain 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.

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