Chattahoochee County, GA Bankruptcy discharge

Chattahoochee County, GA Bankruptcy discharge

Chapter 7 bankruptcy is a process in which an individual petitions the court to discharge all of their debts. The debtor can have secured debt and unsecured debt and how each of these is dealt with can vary from case-to-case. An individual filing under chapter 7 of the US Bankruptcy Code may have to surrender a part of his or her goods in order to satisfy some of the debts owed to the creditors.

The usual grounds for denying a discharge to an individual debtor in Chattahoochee County, GA 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. Failure of the debtor to obey a lawful order of the bankruptcy court; or
5. The debtor fraudulently transferred, concealed, or destroyed property that would have become property of the estate.

The Chapter 13 debtor in Chattahoochee County, GA is eligible to obtain a discharge upon successful completion of all payments under the Chapter 13 plan. In return for the willingness of the Chapter 13 debtor to undergo 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 in Chattahoochee County, GA 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. 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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