Chapter 7 bankruptcy is also known as a liquidation plan. In a Chapter 7 Bankruptcy, we show the Georgia Bankruptcy Court that, based upon your budget, you are unable to service the debt you carry. That's it. Approximately 90 days after we file you are granted a discharge, and you no longer owe the debt. Period. 

Now, while a Chapter 7 Bankruptcy is simple in theory, there are a number of factors to consider. First you must qualify financially through a mandated "Means Test." 

Not every kind of debt can be discharged in a Chapter 7 Bankruptcy, either. Debts arising from taxes, student loans, alimony, child support, drunk driving, or intentional acts may not be dischargeable. 

Also, if you have secured debt (debt tied to collateral like a car note or a mortgage) you have to decide if you wish to keep the property. If so, you must reaffirm the debt which effectively takes it out of the bankruptcy.

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The Scott R. Tolbert Law Firm
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