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State Directory- Divorce
- Child SupportA wage garnishment only lasts 6 months. However, it can be renewed indefinitely, in the event that the prior garnishment was not sufficient to satisfy the judgment. Many times a defendant will believe that the judgment has been satisfied, due to the fact that the garnishment has ceased, only for it to be renewed again after several pay periods. Fortunately, employers are not permitted to fire an employee if they are subject to one wage garnishment. However, they are allowed to fire an employee who has two or more pending wage garnishments, subject to certain exceptions (such as taxes or child support).
- Spousal SupportDivorce and child support obligations – if you owe alimony, child support or any other court ordered domestic obligation, it is unlikely that it will appear on your credit report. It is for this reason that most attorneys will request copies of divorce decrees and other Family Court documents as part of the bankruptcy consultation.
- DUI/DWIThe first reason is basic, but still needs to be addressed. At a minimum, you must have liability insurance to operate a vehicle in Georgia, or any other state. Too often people try to save money by driving without insurance. Or they may have insurance coverage cancelled for non-payment, which makes it more difficult – and expensive – to obtain replacement coverage. Speeding tickets, DUI’s, previous at-fault collisions and other traffic charges may increase insurance costs beyond affordability for even those with above-average income. Adding criminal fines and court costs will place almost any budget in jeopardy. And you could risk the suspension of your license, which could prevent you from reliably getting back and forth to your employment.
- Traffic ViolationsCourt fines/traffic tickets/probation fees – like divorce and child support obligations, it will be rare for these debts to appear on a credit report. Some government agencies do use private collection firms to assist in debt collection, and in that event the obligations may appear on a credit report.
- Workers CompensationFailing to understand what is considered to be an asset. Many pro se Chapter 7 debtors have a very simplistic understanding of what is considered to be an asset. Usually, they will disclose real estate, vehicles and personal property in their bankruptcy petition. However, an asset can also be a right to receive money, such as an income tax refund. [ CONSIDERING BANKRUPTCY AND RECEIVING AN INCOME TAX REFUND? SUGGESTIONS FOR POTENTIAL BANKRUPTCY FILERS ] A potential claim against a third-party, such as for a personal injury or workers compensation claim is also considered to be an asset. The right to inherit life insurance or other property from a deceased family member is also considered an asset. Typically, pro se Chapter 7 debtors do not understand what is considered an asset, and what needs to be done to protect it. [ ASSETS THAT MANY PEOPLE DON’T REALIZE THAT YOU CAN PROTECT IN A BANKRUPTCY CASE ]
- Property DamageAdequate liability insurance coverage. The minimum liability coverage in Georgia is $25,000 for bodily injury ($50,000 per incident) and $25,000 for property damage. With the increased cost of motor vehicles, it is entirely possible that $25,000 of property damage coverage would be insufficient to compensate an accident victim for the loss of their vehicle. It would probably be a wise move to increase the insurance coverage to
- Personal InjuryAn attorney who you may have dealt with on another legal matter, such as real estate or personal injury, would probably be more than happy to recommend a good bankruptcy attorney. Furthermore, attorneys may have more information about the reputation and experience of a particular attorney.
- ProbateMyth number two – “My bankruptcy filing will be in the newspaper, and everybody will know about it.” Unlike certain legal proceedings related to real estate, family law, and probate law, there is no requirement that bankruptcy filings be published in the newspaper. The only parties that are notified of the bankruptcy filing would be creditors and any co-debtors on debts listed in the bankruptcy petition.
- BankruptcyLeiden & Leiden is proud to be regarded as one of Augusta’s best bankruptcy law firms. Terrance P. Leiden started the firm in 1973, at its present location at 330 Telfair Street in downtown Augusta. Since that time, the primary focus of the firm has been to assist consumers throughout the CSRA and surrounding counties, including Columbia County, Richmond County, Burke County, Jefferson County, McDuffie County, Wilkes County, Glascock County, Lincoln County, Warren County, Taliaferro County, Jenkins County, Emmanuel County, and Screven County. The firm became Leiden and Leiden, P.C., in 2000, when Zane Leiden became a partner in the firm. With two attorneys and a four-person support staff, Leiden and Leiden strives to provide competent, courteous and considerate representation of our bankruptcy clients. Our compassion, experience, and dedication to our clients earned us the award of Metro’s Best Attorney in 2010.
- ForeclosureMany people who are in financial trouble may be deterred from consulting with a bankruptcy attorney because of many prevailing misconceptions about the bankruptcy process itself, and the opportunities for rebuilding credit after a bankruptcy case is concluded. This is especially unfortunate for individuals who may have a very low credit score already, and are enduring a wage garnishment or running the risk of a foreclosure on their residence, or repossession of their automobile. Hopefully, this article will address many of those “myths” and encourage people who are in dire financial straits to meet with a bankruptcy attorney.
- Debt Collection1) Medical bills – because of HIPAA (Health Insurance Portability and Accountability Act), many healthcare providers stopped reporting debts to the credit bureaus in order to stay in compliance. HIPAA does not apply to collection agencies, so once the debts were turned over for collection, they would then appear on credit reports. DEBT COLLECTION STATISTICS RELEASED: COMMON REASONS FOR DEBTS TO GO INTO COLLECTION However, the three main credit reporting agencies have indicated that they will no longer report medical collections in amounts less than $500. If you have dentist bills, doctor bills, hospital bills and pharmacy bills, you will probably need to provide the actual bills to your bankruptcy attorney so that an accurate bankruptcy petition may be prepared.