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Can I Keep My Car if I File for Chapter 7 Bankruptcy in Georgia?
February 5, 2025
Can I Keep My Car if I File for Chapter 7 Bankruptcy in Georgia?
Filing for Chapter 7 bankruptcy in Georgia can be a way to discharge overwhelming debt and get a fresh start. However, one common concern is whether you can keep your car. The answer depends on several factors, including your car’s value, loan status, and Georgia’s exemption laws. At The Boone Firm, P.C., we provide expert legal assistance to the Atlanta public, helping clients navigate Chapter 7 bankruptcy while protecting essential assets like their vehicles.
Understanding Car Exemptions in Georgia
Georgia allows certain property exemptions under state law, meaning you can protect specific assets from being sold during the bankruptcy process.
- Motor Vehicle Exemption:
Georgia law allows individuals to exempt up to $5,000 of equity in a motor vehicle. If the equity in your car is less than or equal to this amount, you can likely keep your car. - Wildcard Exemption:
If the motor vehicle exemption isn’t enough, Georgia also provides a wildcard exemption of up to $1,200, plus any unused portion of your homestead exemption (up to $5,000). This can be applied to protect additional car equity.
Determining Car Equity
Car equity is calculated as:
Car’s Market Value – Outstanding Loan Balance = Equity
For example, if your car is worth $12,000 and you owe $8,000 on the loan, your equity is $4,000. Since this is below Georgia’s $5,000 motor vehicle exemption, you could keep your car.
What If My Car’s Equity Exceeds the Exemption?
If your car’s equity exceeds the exemption limit, there are a few options:
- Negotiate a Buyback: You may be able to pay the trustee the non-exempt portion of the car’s value to keep it.
- Redeem the Car: Pay the current market value of the car in a lump sum, allowing you to own it free of any liens.
- Reaffirm the Loan: Agree to continue making payments under the existing loan terms, which keeps the car out of the bankruptcy estate.
What If I’m Still Paying Off My Car Loan?
If your car is financed, you can keep it by continuing to make your loan payments. However, the lender may require you to sign a reaffirmation agreement, which excludes the loan from the bankruptcy discharge, meaning you’re still responsible for payments even after your other debts are discharged.
Risks of Keeping Your Car in Chapter 7
While you can keep your car under certain conditions, there are risks:
- Missed Payments: If you default on loan payments after reaffirmation, the lender can repossess the car.
- Equity Assessment: If your equity is too high and you can’t cover the non-exempt portion, the trustee may sell the car.
How The Boone Firm, P.C. Can Help
Navigating car ownership during Chapter 7 bankruptcy in Georgia can be complex. At The Boone Firm, P.C., we understand the intricacies of bankruptcy law and can help you evaluate your options to protect your vehicle. Our experienced attorneys will guide you through every step, ensuring your rights are protected and you make informed decisions.
Contact us today for a consultation to discuss your bankruptcy options and safeguard your assets.
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Pedestrian accidents can lead to severe injuries and significant financial burdens. This blog post from The Boone Firm, P.C. explains how a pedestrian accident attorney can assist you in Georgia. Learn about the benefits of professional legal representation, the complexities of pedestrian accident cases, and how our firm can help you secure the compensation you deserve.
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Pedestrian accidents in Georgia can have catastrophic effects on the victims involved. These accidents can arise from a variety of factors, including distracted driving, speeding, reckless driving, among others. As a pedestrian, it is important to take safety precautions as much as possible to avoid accidents. However, despite our efforts, accidents still happen, and as such, it is important to understand the legal implications of these accidents. In this blog post, we will discuss everything you need to know about pedestrian accidents in Georgia and the steps to take if you are involved in one.  1. Understanding Georgia’s Pedestrian Laws Georgia's traffic laws require drivers to take reasonable care while sharing the road with pedestrians. However, pedestrians also have responsibilities to avoid accidents and injuries. Pedestrians are required to use sidewalks whenever possible; if they have to use the street, they must walk against traffic, and they should follow traffic signals and signs. Walkers are not allowed to cross the road when the DON’T WALK sign is on, even if there is no traffic visible. 2. Common Causes of Pedestrian Accidents There are many causes of pedestrian accidents, including distracted driving, impairment, speeding, failure to yield, and failure to follow traffic signage. Regardless of the cause, these accidents often result in serious injuries, medical bills, and lost income or wages. 3. Who is Liable for Pedestrian Accidents? If a pedestrian is involved in an accident with a car, truck, or other motor vehicle, several parties could be potentially at fault. The driver of the vehicle might bear responsibility for the accident if they were speeding, driving under the influence, or acted recklessly while operating their vehicle. However, pedestrians could also be apportioned blame if they acted negligently, such as crossing the street when the pedestrian signal says "don’t walk." 4. What to Do If You are Involved in a Pedestrian Accident The first thing that one should do is seek medical attention for any injuries immediately. It's critical to document any expenses associated with seeking medical care, such as ambulance fees, doctor's visits, and rehabilitation expenses. It is also important to contact the police immediately and to obtain a copy of the police report on the accident. Lastly, one should consult with a personal injury lawyer to understand their rights thoroughly. 5. Speaking with a Georgia Personal Injury Attorney Georgia's personal injury laws are complex, and it can be challenging to navigate the legal process when trying to make a claim. A personal injury attorney can review the case, speak with eyewitnesses, analyze evidence, and help you get the compensation you deserve. If you or a loved one has been involved in a pedestrian accident in Georgia, it is important to speak with a personal injury attorney as soon as possible to ensure that you get the legal representation you need. Pedestrian accidents in Georgia can cause severe and life-changing injuries, leaving victims and their loved ones with costly medical bills and lost income. However, understanding the state's pedestrian laws, who is responsible for pedestrian accidents, the steps to take after an accident, and speaking to a personal injury attorney can help to protect your interests and get you the compensation you deserve. Finally, always stay safe while walking, use sidewalks whenever possible and never hesitate to seek medical attention if you are involved in a pedestrian accident.
As a motorcycle passenger, you don’t have control over the bike during a ride, which means that you’re often more vulnerable to accidents than the rider. If you've been in a motorcycle accident in Georgia as a passenger, it's important to know what rights you have and what compensation you're entitled to. In this blog post, we’ll explore the legal rights of motorcycle passengers and how a skilled personal injury attorney may be able to help.  What rights do motorcycle passengers have after an accident in Georgia? The first thing to remember is that motorcycle passengers have the same rights as any other accident victim. This means that you're entitled to a number of legal rights to safeguard your welfare. These include the right to file a lawsuit against the liable party, the right to medical treatment, and the right to compensation for damages like medical bills, lost wages, and pain and suffering. What compensations are motorcycle passengers entitled to? In many states, including Georgia, the laws governing motorcycle passenger compensation are similar to those in place for car accidents. As a motorcycle passenger, you may be entitled to various compensation packages, including damages for medical bills, lost wages, future medical expenses, and pain and suffering. The precise amount of compensation you're entitled to will depend on the circumstances of your accident, but a dedicated attorney can help you evaluate your case’s actual worth. Who is liable? Motorcycle accidents is like other traffic accidents - liability primarily rests on the fault of the parties involved. If the motorcycle accident was caused by the rider, then they would likely be responsible for compensating any injured passengers. However, if the accident was caused by another driver, then the other driver would be liable. A skilled attorney can help determine who is liable and guide you through the litigation process. How can an attorney help me? After being involved in an accident, an attorney can protect your rights and help you seek out the compensation you deserve. A skilled personal injury lawyer with motorcycle accident experience can investigate the accident, develop a strong case on your behalf, negotiate with insurance companies, represent you in the courtroom if necessary, and argue your case for any punitive damages. A motorcycle passenger who has been injured in an accident is entitled to the same legal rights as any other accident victim. With the assistance of a skilled personal injury attorney, they can seek to enforce those rights and pursue compensation for a wide range of financial losses. If you or anyone you know has been involved in a motorcycle accident in Georgia, don't hesitate to contact a reputable attorney for a free consultation. They will aid you in navigating the litigation process, ensuring that you are paid for the losses you have endured.
If you own property in Georgia, whether it's a commercial space like a retail shop or a private residence, you have a legal duty to maintain a safe premises for anyone who enters onto your property. But what happens if someone gets injured on your property? How does premise liability work in Georgia? In this blog post, we will explore premise liability laws specific to Georgia, discuss how premise liability can vary from state to state, and explain how a premise liability attorney can help you.  In Georgia, or any other state for that matter, premise liability law holds property owners responsible for any hazard or danger present on their property. The key element of this law is that the property owner must have known about the hazard, or at least should have known about it, and they failed to take appropriate action to correct or warn about it. For example, if a customer slips and falls in a grocery store because the floor was wet and slippery, the store owner could be held liable if it can be proven that they knew about the hazard or should have known about it and failed to take reasonable actions to prevent it. It's important to note that under Georgia law, property owners are not liable for every injury that occurs on their property. The key element is the concept of "fault." To determine fault, a jury must evaluate the circumstances surrounding the incident and determine if the property owner was negligent in their actions or lack thereof. To prove negligence, it must be established that the hazard was indeed present, the property owner knew or should have known about it, and they did nothing to mitigate the danger. One thing that sets premise liability law apart from other types of personal injury law is that it varies from state to state. While many states have adopted a similar legal standard as Georgia, other states have different legal requirements. For example, some states follow a "strict liability" standard, which means that property owners can be held liable for an injury even if they had no reason to know about the hazard. If you have been injured on someone else's property in Georgia, the best thing you can do is seek the advice of a premise liability attorney. A premise liability attorney can assess the details of your case, determine if the property owner is at fault, and help you seek the compensation you deserve. Compensation can include medical bills, lost wages, and pain and suffering. Without an attorney, it can be difficult to navigate the complicated legal system, and you may not receive fair compensation. It's also worth noting that as a property owner in Georgia, one of the best things you can do to protect yourself from premise liability lawsuits is to maintain a safe property. This includes regularly inspecting your property for hazards, repairing any known hazards, putting up warning signs when necessary, and training your employees to recognize and correct hazards. In summary, premise liability law in Georgia holds property owners responsible for maintaining a safe premises for anyone who enters onto their property. To determine fault, it must be established that the hazard was present, the property owner knew or should have known about it, and they did nothing to mitigate the danger. If you have been injured on someone else's property in Georgia, a premise liability attorney can help you navigate the complicated legal system and seek the compensation you deserve. As a property owner in Georgia, it's crucial to maintain a safe property to protect yourself from premise liability lawsuits.
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