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    Posted on February 16th, 2010

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    Bankruptcy and Tax in Jones County, GA

    Bankruptcy and Tax in Jones County, GA

    When you are an individual debtor in Jones County, GA filing for bankruptcy under chapter 7 or 11 of the US Bankruptcy Code in , an independent ‘‘estate’’ is created consisting of property that belonged to you before the date of filing. The bankruptcy estate is a new taxable entity, completely separate from you as an individual taxpayer.

    A penalty for failure to pay tax, including failure to pay estimated tax, will not be imposed for any period during which a title 11 bankruptcy case is pending if:
    1. The tax was incurred before the earlier of the order for relief or (in an involuntary case) the appointment of a trustee, and
    2. The bankruptcy petition was filed before the due date for the tax return (including extensions) or the date for imposing the penalty occurs on or after the day the bankruptcy case was filed.

    The relief from the failure-to-pay penalty does not apply to any penalty for failure to pay or deposit tax withheld or collected from others and required to be paid over to the US government. Nor does it apply to any penalty for failure to timely file a return.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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    Posted on February 15th, 2010

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    Jones County, GA Chapter 11 and 13

    Jones County, GA Chapter 11 and 13

    Chapter 11 bankruptcy in Jones County, GA allows a debtor to enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured to permit the debtor to continue his business operation. In general any partnership, corporation or limited liability entity except a governmental unit can be a debtor in a Chapter 11 case. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the filing of the bankruptcy proceeding. Under a typical reorganization plan, the debtor will restructure the debts. Such a plan will generally provide for the repayment of loans secured by real property to be paid over an extended period of time. Intermediate term loans are generally proposed to be paid over the remaining useful life of the collateral, which is typically five to ten years.

    Chapter 13 bankruptcy proceeding in Jones County, GA allows the individual debtor to pay down his debts, either whole or a part of it, under a payment plan under the supervision of the court. Those who file under this chapter can retain their properties with them while they stick to the plan or after they have paid off the required portion of debt. It involves the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors.

    A chapter 13 bankruptcy is also referred to as a wage earner’s plan. Under this chapter, debtors set up a repayment plan to make installments to creditors over three to five years. Chapter 13 is especially for individuals with regular income who want to clear their debts but cannot to do so in a timely way. The purpose of Chapter 13 is to permit financially distressed individual debtors to design and work out a repayment plan under which the debts are paid off over an extended period of time usually three to five years. During this time the law forbids creditors from starting or continuing collection efforts.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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    Posted on February 14th, 2010

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    Jones County, GA Chapter 11

    Jones County, GA Chapter 11

    Federal bankruptcy rules determine how corporations go out of business or recover from deep debt. A bankrupt company may file under Chapter 11 of the US Bankruptcy Code to reorganize its business and attempt to become profitable again. The company continues to run the routine business operations, but all significant business decisions have to be approved by a bankruptcy court.

    If the debtor owns a business or corporation n Jones County, GA Chapter 11 is a reorganization proceeding that should be considered. There are special circumstances you should meet. Some individuals whose debts are larger than the limits of Chapter 13 can file Chapter 11. In Chapter 11, the debtor usually remains in possession of assets and continues to operate any business, subject to the oversight of the court and the creditors committee. You propose a plan of reorganization to the creditors, who vote on it. If accepted by the majority, the court will confirm the plan and it becomes binding on the debtor and the creditors. Plans may call for repayment out of future income or sales of some or all of the assets.

    In chapter 11 proceedings in Jones County, GA the United States trustee, a federal employee, can not act as a case trustee, who is often a private individual. The United States trustee is responsible for observing all chapter 11 cases and has authority to appear and be heard on any issue in any case, but may not file a plan. The case trustee, however, is responsible for management of the assets of the estate, operation of the debtor’s business, and, if required, the submission of a plan of reorganization. Section 1106 of the United States Code authorizes the trustee to file a plan “as soon as practicable” or, alternatively, to file a report detailing the reasons a plan will not be submitted or to recommend that the case be converted to another chapter or dismissed.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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    Posted on February 13th, 2010

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    Medical Bills and Bankruptcy in Jones County, GA

    Medical Bills and Bankruptcy in Jones County, GA

    Medical bills from a temporary illness or bills because of chronic health problems bring many people to the edge of financial downfall in Jones County, GA. Even in situations with the best medical insurance available, taking time off of job and loss of earnings will strain a person’s finances. If you have huge medical bills, filing a Chapter 7 Bankruptcy can eliminate your medical bills completely. If the bankruptcy means test determines you qualify to file for Chapter 7, it will allow you to discharge medical bills, hospital charges, doctor bills, medical collections, dental bills, and also most type of medical debt. Medical bills are considered unsecured debts, and will be considered in bankruptcy similar to credit cards. Therefore, medical bills can be completely discharged in a Chapter 7 Bankruptcy.

    Filing a bankruptcy case in Jones County, GA stops creditors from initiating action against the debtor. What prevents creditors from taking steps is the automatic stay – an injunction issued by the court as soon as the case is filed. This automatic stay continues until the case is closed. On motion, and after a hearing before the bankruptcy judge, a creditor may obtain an order granting relief from the stay. An order granting relief from the automatic stay permits a creditor to take certain specified actions, which will be listed in the order, to collect a debt against you.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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    Posted on February 12th, 2010

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    Jones County, GA Bankruptcy Lawyer

    Jones County, GA Bankruptcy Lawyer

    The bankruptcy attorney’s job in Jones County, GA is difficult, and a lot of responsibility for ensuring checks is fixed on the lawyer. The attorney’s signature certifies that the petition has been properly inspected, and the proceeding is not an abuse of the bankruptcy process. The attorney must also certify that the proceeding is acceptable under the current law or that it is a good faith argument for the extension/modification of the existing law. If there is a violation, the attorney fees and the debtor cost will be assessed and made payable to the trustee.

    You initial meeting with your bankruptcy lawyer in Jones County, GA is generally free. At the initial meeting, you must honestly explain your situation to the lawyer and try to gauge if you are comfortable with the lawyer and their staff. At the same time the lawyer will provide you with feedback on your situation and the options available.

    When conversing with the attorney in Jones County, GAfind out how long he or she has been in practice, what the specifics of their specialization are, approximately how many cases they have handled and what your expectations should be from the attorney in terms of representation. Also check whether the lawyer will be personally appearing in your case and that it will not be passed on to a junior lawyer or paralegal. Ask as many questions as you need and ensure that you are comfortable with the fact that you are appointing him as your bankruptcy attorney.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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    Posted on February 11th, 2010

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    Jones County, GA Bankruptcy Chapters 11 and 13

    Jones County, GA Bankruptcy Chapters 11 and 13

    An ordinary person may file under chapter 11 in Jones County, GA but, the provisions of chapter 11 are mostly used to reorganize a business. Chapter 11 allows the debtor to run its business through a plan of reorganization, that must meet certain legal criteria. By legislating chapter 11, the Congress provided the debtor a chance to restructure its finances so that it may continue to operate, provide its employees with jobs, pay its creditors, and provide a return for its stockholders.

    In situations where the bankruptcy means test shows that you cannot file for Chapter 7 Bankruptcy in Jones County, GA you may instead select to file for Chapter 13 Bankruptcy. A Chapter 13 Bankruptcy is a court supervised repayment plan that will allow you to retain your most important property while paying off the debts over a period of time. If you file for Chapter 13 Bankruptcy you might be able to substantially lower your medical bills. Chapter 13 can permit you to pay off the medical bills over a 3 to 5 year period of time depending on your disposable income. Many times, Chapter 13 Bankruptcy compels unsecured creditors such as medical providers, hospitals, and doctor’s to accept pennies on the dollar.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

  • Uncategorized

    Posted on February 10th, 2010

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    Jones County, GA Bankruptcy

    Jones County, GA Bankruptcy

    Bankruptcy process in Jones County, GA begins with the filing of a petition with the bankruptcy court. The filing of the petition creates a bankruptcy estate, which typically consists of all the assets of the person seeking bankruptcy protection. A separate taxable entity is created when the bankruptcy petition is submitted by an individual under chapter 7 or chapter 11 of the Federal Bankruptcy Code.

    The bankruptcy petition is a document that initiates the bankruptcy process. The petition can be a voluntary petition, that is filed by the debtor, or it can be an involuntary one, that is filed by creditors who fulfill certain requirements. The voluntary petition must be as prescribed in Form 1 of the Official Forms prescribed by the Judicial conference of the United States. The Official Forms can be obtained at legal stationary stores.

    The documentation necessary when filing for bankruptcy in Jones County, GA has increased. For example, you should provide additional information that details all income and expenses. When the expenses are more than the IRS allowance, a special circumstances document must be submitted which explains the necessity of the additional expense incurred. A statement of accuracy must also be submitted, along with these special circumstance documents.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

  • Uncategorized

    Posted on February 9th, 2010

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    Bibb County, GA Bankruptcy discharge

    Bibb County, GA Bankruptcy discharge

    In a Chapter 7 bankruptcy, the individual files a petition in the court seeking to discharge all debts. The individual may have secured debt and unsecured debt and how each of these is dealt with can vary from case-to-case. A debtor seeking protection under chapter 7 of the US Bankruptcy Code may have to surrender a portion of their personal assets in order to satisfy some of the debts owed to the creditors.

    The usual grounds for denying a discharge to an individual debtor in Bibb County, GA include:
    1. The debtor failed to keep or produce adequate books or financial records;
    2. Failure of the debtor to explain satisfactorily any loss of assets;
    3. The debtor committed a bankruptcy crime such as perjury;
    4. The debtor failed to obey a lawful order of the bankruptcy court; or
    5. Fraudulent transfer, concealment or destruction by debtor of property that would have become property of the estate.

    The Chapter 13 debtor in Bibb County, GA is entitled to obtain a discharge on successful completion of entire payments under the repayment plan. In exchange 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 debtor in Bibb County, GA is discharged from all debts under 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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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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    Posted on February 8th, 2010

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    Bibb County, GA Chapter 20 Bankruptcy

    Bibb County, GA Chapter 20 Bankruptcy

    Bankruptcy will discharge most of your debts. A debt discharged in bankruptcy is no longer enforceable against the debtor personally. You are no longer required to pay the debt, or the portion of the debt that has been discharged. You cannot be subject to collection activity on the debt, including being sued on the debt. Creditors can, however, take steps to seize any secured asset on which there is a valid lien that has not been discharged (or cleared) by the bankruptcy court. A bankruptcy discharge serves to erase the debt and give the debtor a new start financially. Some debts must still be paid. It is a rather lengthy list, but these debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; non-dischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures. It does not free the debtor from any debt incurred for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.

    When a debtor files a “Chapter 7” bankruptcy to discharge unsecured debts, followed by a “Chapter 13″ bankruptcy to allow the debtor to catch up on mortgage payments, it is referred to as a “Chapter 20” filing The 2005 Bankruptcy Reform Act tries to limit “Chapter 20″ bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankruptcy law a Chapter 13 bankruptcy can be filed only once every two years, and three years must be over after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Few debtors try to circumvent this law by filing for Chapter 13 protection while the Chapter 7 petition is still pending. This option is not available in all courts. In a “Chapter 20″ bankruptcy, debtors should be aware that missing even a single mortgage payment after filing the initial “Chapter 7″ petition can cost them their ability to save their home in a subsequent “Chapter 13″ filing. Be warned: some judges and creditors see the move as a scam. Creditors have the right to oppose and the judge can toss the action. Few judges will allow the subsequent filing, provided there is a legitimate reason.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

  • Uncategorized

    Posted on February 7th, 2010

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    Chapter 11 Bankruptcy in Bibb County, GA

    Chapter 11 Bankruptcy in Bibb County, GA

    Federal bankruptcy laws decide how corporations in Bibb County, GA go out of business or recover from crippling debt. A bankrupt corporation may use Chapter 11 of the US Bankruptcy Code to reorganize its activities and try to become profitable again. Management continues to run the day-to-day business operations, however all important business decisions must be approved by a bankruptcy court.

    A debtor under Chapter 11 can enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured to allow the debtor to continue the business operation. Basically any partnership, corporation or limited liability entity except a governmental unit may be a debtor in a Chapter 11 proceeding in Bibb County, GA. Under Chapter 11, only the debtor may submit a plan of reorganization within 120 days of the initiation of the bankruptcy case. Under a typical reorganization plan, the debtor attempts to restructure his debts. Such a plan will generally provide for the repayment of loans secured by real estate to be paid over an extended period of time. Intermediate term loans are generally proposed to be paid over the remaining useful life of the collateral, which is typically five to ten years.

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    Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins – Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GA

    http://www.macongabankruptcy.com

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