Bankruptcy Knowledge Center

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• Bankruptcy and Car Repossession

  Filing bankruptcy generally stays a repossession that has not been completed before the petition is filed, subject to the Bankruptcy Code’s exceptions and prior-case rules. If the lender already repossessed the vehicle before filing, the debtor’s remaining property rights and the possibility of recovering the vehicle can depend heavily on state law. Alabama and Georgia have different Eleventh Circuit precedent on this issue.

• Bankruptcy and Foreclosure

  Filing can pause a foreclosure sale that has not already been completed. Chapter 13 is the chapter most often used to catch up missed mortgage payments over time. Chapter 7 may delay a sale but does not, by itself, create a plan to catch up. Timing matters.

• Bankruptcy and Wage Garnishment

  Filing bankruptcy can pause most paycheck garnishments and many bank levies. That pause starts when the case is filed, not when you call a collector. Some debts, including many child-support withholdings, are treated differently. State rules still control what happened before you filed.

• Collection Lawsuits and Judgments in Bankruptcy

  Filing can pause most collection lawsuits. A discharge can stop a creditor from collecting a qualifying judgment from you personally. A lien already on your house or car is a separate issue and may need a separate request to the court.

• Debts Bankruptcy May Eliminate

  Bankruptcy can discharge many qualifying unsecured debts, including many credit-card balances and medical bills. Domestic support obligations, most student loans covered by § 523(a)(8), certain taxes, and other categories are treated differently. The appropriate chapter depends on your debts, income, property, and financial goals.

• What Property Can You Keep in Bankruptcy?

  Filing bankruptcy does not automatically mean losing everything you own. Exemption laws may protect some or all of the equity in certain property. For debtors whose applicable exemption law is Alabama or Georgia, those states generally require use of their state exemption systems rather than the federal § 522(d) list. If you moved between states during the Bankruptcy Code’s domicile lookback period, a different state’s exemption law may apply and, in limited circumstances, the federal exemptions may become available. Keeping financed property also depends on liens, equity, payment status, and the chapter filed.

• Bankruptcy Laws by State

  Bankruptcy is federal, but exemption law, garnishment, foreclosure procedures, and the proper federal bankruptcy district can depend on state law, federal venue rules, and local practice. Brock & Stout handles consumer bankruptcy throughout Alabama and through our Columbus, Georgia office.

• Alabama Bankruptcy: Exemptions, Courts, and What to Expect

  Chapter 7 and Chapter 13 are federal proceedings. For a debtor whose applicable exemption law is Alabama, Alabama exemptions generally apply instead of the federal § 522(d) exemption list. A recent move from another state can change which exemption law applies. Federal venue rules determine which bankruptcy district is proper.

• Georgia Bankruptcy: Exemptions, Courts, and Columbus Representation

  Chapter 7 and Chapter 13 are federal proceedings. For a debtor whose applicable exemption law is Georgia, Georgia’s exemption statute generally applies instead of the federal § 522(d) exemption list. A recent interstate move can change the exemption analysis. Brock & Stout’s Georgia consumer-bankruptcy practice is currently handled through our Columbus office.

• What Is the Automatic Stay in Bankruptcy?

  Filing a bankruptcy petition generally triggers the automatic stay by operation of federal law. The stay pauses many collection actions against the debtor and property of the estate, but it is not permanent. Some actions and proceedings are excepted by § 362(b), creditors can seek stay relief, and prior dismissed bankruptcy cases can limit or prevent stay protection.