Understanding Bankruptcy Terms: A Comprehensive Guide by Atlanta's Trusted Bankruptcy Attorney


Personal Bankruptcy Terms

Personal Bankruptcy

A legal process allowing individuals to eliminate or reorganize personal debts under federal bankruptcy protection, typically through Chapter 7 or Chapter 13.

Unsecured Debts

Debts not backed by collateral, such as credit card bills, medical bills, and personal loans, which can often be discharged in bankruptcy.

Creditor Harassment

Aggressive collection tactics by creditors, including repeated calls, threats, or inappropriate contact, which must stop once bankruptcy is filed.

Essential Assets

Property necessary for daily living and work, such as your home, car, and personal belongings, which can often be protected through bankruptcy exemptions.

Wage Garnishment

Legal process where creditors take money directly from your paycheck, which bankruptcy's automatic stay immediately stops.

Chapter 7 Bankruptcy Terms

Chapter 7 Bankruptcy

Known as "liquidation bankruptcy," this process eliminates most unsecured debts while protecting exempt assets, typically completing within 3-6 months.

Georgia's Means Test

A qualification requirement for Chapter 7 comparing your income to Georgia's median income to determine eligibility.

Bankruptcy Exemptions

Legal protections allowing you to keep certain assets during bankruptcy, such as equity in your home, car, or personal property.

Georgia's Exemption Limits

Specific dollar amounts of property you can protect in bankruptcy under Georgia law, including $21,500 homestead exemption ($43,000 for couples).

Chapter 13 Bankruptcy Terms

Manageable Repayment Plans

Structured 3-5 year plans allowing you to pay debts over time while keeping your property and catching up on missed payments.

Home Foreclosure

Legal process where lenders take property due to missed payments, which Chapter 13 can stop while providing time to catch up.

Consolidate Debts

Combining multiple debts into one monthly payment through a Chapter 13 plan, often with more favorable terms.

Co-Signers

People who guaranteed your debts, who can be protected from collection through Chapter 13's co-debtor stay.

Car Repossession

Seizure of vehicles due to missed payments, which bankruptcy's automatic stay can prevent or reverse if acted upon quickly.

Chapter 11 Bankruptcy Terms

Corporate Bankruptcy

Legal process allowing businesses to reorganize debts while continuing operations, typically through Chapter 11.

Restructure Business Debt

Reorganizing business obligations into more manageable payments while maintaining operations.

Negotiate with Creditors

Process of working with creditors to modify payment terms and conditions through the Chapter 11 process.

Protect Corporate Assets

Legal strategies to maintain business property and assets while reorganizing debt.

Sustainable Business Models

Reorganized business plans demonstrating long-term viability for court approval.

Additional Important Terms

Legal Advocacy

Professional representation protecting your rights throughout the bankruptcy process.

Emergency Bankruptcy Filings

Expedited bankruptcies filed to stop immediate creditor actions like foreclosure or repossession.

Collection Lawsuits

Legal actions by creditors seeking judgment for unpaid debts, which bankruptcy's automatic stay stops.

Creditor and Tax Resolution

Process of addressing and resolving debts owed to creditors and taxing authorities through bankruptcy.

Business Tax

Corporate tax obligations which may be restructured or paid over time through bankruptcy.

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*This glossary provides general definitions. For advice about how these terms apply to your specific situation, please schedule a consultation.