Ideal, GA Bankruptcy Law Firms & Lawyers

You will be eligible to file the bankruptcy. There will be a question of whether or not you can receive a discharge. You will need to know your filing date of the previous bankruptcy in order to determine whether you can get a discharge or not. These are the discharge eligibilities for filing between subsequent bankruptcies. 8 years between 7s. -727(a)(8) 2 years between 13s. -1328(f)(2) 4 years between a 7 and 13 -1328(f)(1) 6 years between a 13 and 7(if under 70% plan). -727(a)(9)

If you intend to convert, I would file before the hearing on the motion to dismiss. The case could be dismissed at the hearing and then you would have no opportunity to convert. Please note, however, that the way you are paid is very common. When a bankruptcy is filed, the income is calculated by trustee's office (and usually the filer;s attorney) in such a way as to take into account that the filer is paid 26 times a year, not 24. Therefore, if you have no other change to your income other than what you described, you may not be eligible to convert. You should schedule a consultation with an experienced bankruptcy attorney to discuss the possibility and feasibility of conversion. Finally, you are required to turn over tax forms in Chapter 7 and 13. Whether your refunds must be turned over depends on your plan (in a 13) and on your exemptions (in a 7).

Student loan debt has become a crushing burden on a huge number of people.  Although under the current law, bankruptcy usually cannot completely discharge (wipe out) student loans, in many cases it can provide relief. Chapter 13 bankruptcy allows you to set up a payment plan to deal with all of your debts, including student loans.  A typical plan will run from 36 to 60 months in length. Your student loan debt may not be fully paid off by the plan, but while the plan is going on, the lender cannot take any action to collect the debt.  So, you do not have to worry about the lender garnishing your wages, seizing your tax refund, etc..  Once you complete your plan, the lender will be free to collect again.  At that point, many borrowers try to get their loan into an income contingent repayment plan.  The U.S. Department of Education has several plans that allow borrowers to have their monthly payment adjusted each year according to their income. If you are considering Chapter 13, be sure to see an experienced bankruptcy attorney.  Experience matters!  Your attorney will try to set up a plan that you can comfortably pay and still meet your ordinary living expenses.  Morgan & Morgan of Athens, Georgia has more than 30 years experience helping  people deal with student loans and other debts through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  Chapter 13 plans can be started with as little as $75 up front.  If you need help, call (706)548-7070 today for an appointment.