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Frequently Asked Questions

What is a Chapter 11 bankruptcy?

A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains “in possession,” has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.

What are Georgia's bankruptcy exemptions?

Even though bankruptcy law is a federal law, you must use Georgia state exemptions. There are a few instances that you may be able to use federal non-bankruptcy exemptions. Chapter 7 allows the debtor to discharge unsecured debt, including medical bills, personal loans, or a credit card account.

What happens to my assets in a Georgia bankruptcy?

Like other states, Georgia has exemptions that you can use to protect the value of your belongings from creditors when you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Typically, you’ll be able to protect some amount of equity in your home and car, as well as household items and retirement accounts.

Who is admitted to the bar of the Georgia bankruptcy court?

(a) Any attorney who is admitted to the bar of the United States District Court for the Southern District of Georgia pursuant to Rule LR 83.3 of the District Local Rules for Attorneys is admitted to the bar of the Bankruptcy Court.

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