logo logo

770-609-1247 | Georgia Chapter 7 Bankruptcy Attorneys

Georgia Chapter 7 Bankruptcy Lawyers and Attorneys: Business & Personal Cases

Coleman Legal Group, LLC

Call 770-609-1247 now to speak with one of our experienced Georgia Chapter 7 bankruptcy lawyers.

Personal Chapter 7 Bankruptcy

In a personal Chapter 7 Bankruptcy case, our attorneys can help guide you through the process of totally discharging (eliminating the obligation to pay) the following types of debts:

  • Credit and Charge Cards
  • Store Charge Accounts
  • Hospital, Medical, Dental and Related Bills
  • Unsecured Personal Loans (payday loans, installment loans, etc.)
  • Federal & State Income Taxes (if certain qualifications are met)
  • Contractual Obligations (almost obligations under a contracts are dischargable)
  • Most Types of Law Suits & Judgments (there are exceptions, but most are dischargable)

Under Georgia law, the bankruptcy property exemptions laws allow most people who file a Chapter 7 bankruptcy case to keep all of their personal assets, including their home, cars and retirement investments.  Under the Chapter 7 bankruptcy laws, the Bankruptcy Trustee takes control of all property that is not protected under Georgia’s bankruptcy exemption laws.

As described above, most Georgians that file bankruptcy will keep all of their property because it is protected by the Georgia bankruptcy exemptions laws.  In addition to not losing any assets, most people that file a Chapter 7 bankruptcy case receive a discharge of all of their debts within three (3) to four (4) months after the bankruptcy case is filed.  However, in more complex cases it may take longer to get a discharge.  While waiting for the discharge, the bankruptcy automatic stay will protect the debtor from all collection activity by creditors unless a special order “lifting the automatic stay” is issued by the bankruptcy court.

Dischargeability of Debts

In a personal Chapter 7 bankruptcy, most debts are dischargeable.  However, not all debts are dischargable.  Please review the lists below for more information.

Dischargeable in Bankruptcy

The following debts are almost always dischargeble unless there is underlying fraud or other forbidden conduct giving rise to the debts.

  • Personal Loans
  • Credit Cards and Charge Cards
  • Repossession Deficiencies
  • Auto Accident Claims
  • Medical, Dental and Hospital Bills
  • Judgments
  • Business Debts
  • Leases
  • Personal Guaranties
  • Negligence Claims
  • Tax penalties Over Three (3) Years Old
  • Income Taxes That Are Not Priority Taxes
  • Contract Obligations

Possibly Dischargeable in Bankruptcy

So long as the creditor does not file an adversary proceeding and is successful in obtaining a favorable judgment.

  • Willful and malicious injuries to others – Also Known As “Intentional Torts”
  • Embezzlement
  • Debts incurred by fraud or dishonesty
  • Debts arising from breach of fiduciary duty – defalcation
  • In some instances, debts intentionally left off of a bankruptcy petition

Non-Dischargeable In Bankruptcy

The creditor does not have to take any action to make the following debts non-dischargble.

  • Income taxes that were due within three (3) years of the filing of the case
  • Trust Fund Taxes
  • Child support or alimony / spousal support
  • Most property division pursuant to a divorce decree
  • Criminal fines and/or court ordered restitution
  • Accident claims involving intoxication
  • Penalties payable to the government that are not tax penalties
  • Student Loans (in rare instances, student loans can be ruled as dischargeable)
  • Debts listed in prior bankruptcy where the debtor was denied a discharge; there are exceptions to this rule.
  • Taxes due for years where the tax return was not filed or filed within two (2) years

This list above does not include all possibly non-dischargble and always non-dischargeable debts.  The law governing non-dischargable debts and list of non-dischargable debts is quite complicated.  See 11 USC Section 523 for more information.  Our chapter 7 bankruptcy attorneys can explain what to expect in your own personal case in one of our no-obligation consultations.

Our Georgia lawyers have over a decade of experience helping clients through difficult divorce and family law problems, personal and business financial issues and immigration problems. Our attorneys also help people with estates, wills, trusts and probate issues. Call now to speak confidentially with one our Georgia attorneys.

Offices | Articles | Attorneys | Contact

Call 770-609-1247 or use the Email Submission Form Below

Weekend and Evening Appointments and Consultations Available.

Your Name (required)

Your Email (required)

Your Telephone Number

Your Zip Code (required)

Your Message (required)


Input the code above.

I have read the Disclaimer

Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2016 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Privacy Policy | Site Map

Follow Danny Coleman on Google+!

Bankruptcy’s Impact on Immigration Status

Posted by on Aug 29, 2016 in Bankruptcy, Immigration | 0 comments

Bankruptcy’s Impact on Immigration Status

Bankruptcy and Immigration are both under the jurisdiction of the U.S. federal courts, but administered by separate divisions within the federal court system.  Leaving your country for the start of the better is the most exciting and challenging thing one can ever think of doing. United States is known as the land of opportunities, freedom, and a start to live American dream. The cost of immigration can be high and sometimes many jobs do not pay as well as one would hope. Adding the stress of how immigration status can be affected by existing...

read more

Georgia Bankruptcy FAQs

Posted by on Jun 22, 2015 in Bankruptcy | 0 comments

Georgia Bankruptcy FAQs

In today’s time, being in debt and having to file bankruptcy is not an uncommon thing. Some people have debts that they can live with and slowly pay off, however, some people are living with a debt that they cannot pay off and to make matters worse, the debt keeps getting bigger. Some of those people that are in huge amounts of debt do not know that they have bankruptcy as an option, and those that do know simply refuse to use bankruptcy because of the negative views it has gotten from the media. Some people just don’t the benefits that...

read more

What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

read more

Can Child Support be Discharged in Bankruptcy?

Posted by on Apr 2, 2015 in Bankruptcy, Divorce, Family Law | 0 comments

Can Child Support be Discharged in Bankruptcy?

Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...

read more

Does Filing for Bankruptcy Affect a Job?

Posted by on Mar 23, 2015 in Bankruptcy | 0 comments

Does Filing for Bankruptcy Affect a Job?

It is natural to worry about what kind of effect filing for bankruptcy will have on your life. The filer may worry about his employer finding out they filed for bankruptcy and what may happen if they did find out or what kind of impact bankruptcy can have on any potential jobs in the future. To clarify, it is possible that an employer could find out about an employee filing for bankruptcy, the good news is that typically a bankruptcy does not have any impact on their job. Does Filing for Bankruptcy Mean You Lose Your Job? Filing for...

read more

What is Bankruptcy Fraud?

Posted by on Feb 13, 2015 in Bankruptcy | 0 comments

What is Bankruptcy Fraud?

Bankruptcy fraud is considered a “white-collar crime” one that requires premeditation, an intent to commit a crime and legal bankruptcy paperwork.  There are four main different types of bankruptcy fraud which include: Concealment of Assets: The debtor conceals assets to prevent from the assets being liquidated or seized. The debtor may try to hide the items location, report the items stolen, or temporarily transfer the items to family and friends. False Information: The debtor files forms with incorrect information or forms that are...

read more

What is the Bankruptcy Means Test?

Posted by on Oct 23, 2014 in Bankruptcy | 0 comments

What is the Bankruptcy Means Test?

What is the Bankruptcy Means Test? The insolvency “means test” figures out if your salary is low enough for you to declare Chapter 7 bankruptcy. It is a direction meant to stay filers with higher wages from documenting for Chapter 7 liquidation. High wage filers who do not pass the means test take a look at might utilize Chapter 13 bankruptcy to reimburse a fraction of their obligations, but might not utilize Chapter 7 liquidation to wipe out their obligations altogether.  Then again, the filer does not have to be impoverished to...

read more

Divorce and the Bankruptcy Automatic Stay

Posted by on May 13, 2014 in Bankruptcy, Divorce, Family Law | 0 comments

Divorce and the Bankruptcy Automatic Stay

The automatic stay is a unique and powerful feature of bankruptcy cases and is a major benefit for individuals and businesses filing bankruptcy.  It is a legal rule that states that as soon as a bankruptcy case is filed, creditors cannot sue, garnish wages, or make any other collection attempts.  It is meant to give the debtor time to reorganize debt and to craft a plan for repayment and comes at a time that is often the pinnacle of a wave of demands that he or she cannot meet. While this legal protection can be very meaningful and important...

read more

When Divorce and Bankruptcy Collide

Posted by on Apr 26, 2014 in Bankruptcy, Divorce, Family Law | 0 comments

When Divorce and Bankruptcy Collide

The Bankruptcy Code provides an exception from the automatic stay in the context of a divorce proceeding, which allows an individual to commence or continue a divorce suit. Generally, there are three things that get sorted out during a divorce proceeding: property division, child custody, and spousal and child support. The automatic stay bankruptcy provides will stop any property division but will not stop the determination of custody or payment of support. Child and spousal support are non-dischargeable debts, meaning that filing for...

read more

Typical Bankruptcy Client Profile May Surprise You

Posted by on Feb 21, 2014 in Bankruptcy | 0 comments

Typical Bankruptcy Client Profile May Surprise You

A five year study of the 2005 Bankruptcy Reform Act by The Institute for Financial Literacy describes who files for bankruptcy and why – and the results may be surprising to you. Women file more than men (52 to 48 percent), but the gap is narrowing The older you are the more likely you are to file. Fifty-six percent of filers were between the ages of 35 to 54. More people over 54 file than people younger than 35. Caucasians make up 72 percent of filers. (Eleven percent are African American, 9 percent are Hispanic) Over 57 percent of filers...

read more