Augusta Bankruptcy FAQs

Answering Your Most Pressing Bankruptcy Questions

At Seymour and Associates, we understand that being in the midst of a financial crisis and facing the possibility of bankruptcy can be a stressful experience. A great deal of that anxiety, however, is based on not knowing how things are likely to go and what awaits you as you proceed. To help you better understand your situation, we have gathered some of the questions we receive most frequently from our clients and provided clear concise answers.

If you have any further questions or are ready to schedule your free bankruptcy consultation, call our Augusta bankruptcy attorneys today at (706) 872-7117. We are prepared to help you.


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  • Q:When should you file for bankruptcy?

    A:People file for bankruptcy for different reasons. There are three common situations in which people may benefit from filing for bankruptcy: 

    A creditor has taken action to collect a debt that threatens the individual's livelihood. Some examples include garnishment of your wages or bank account, repossession of your vehicle, foreclosure of your home or creditor harassment. 
    A traumatic event has happened that has reduced the person's income or increased the person's debts and bankruptcy is often the best option to pick up the financial pieces. Some examples include divorce, long-term employment, serious medical issues, or death of a family member. 
    The person has become overwhelmed with debt and has no reasonable prospect of improving his or her credit and debt situation other the filing a bankruptcy.

  • Q:What do I need to do before filing bankruptcy?

    A:Before filing any bankruptcy case, the very first step is to meet with our Augusta bankruptcy lawyers at Seymour and Associates at a free consultation. We proudly offer decades of experience, and we take the time to get to know you and your family and help you to understand what your options are. 

  • Q:Are student loan deferments good or bad?

    A:Student loan deferments can be useful in some situations; however, we do not recommend that a person use them to delay payments. If you are trying to keep your student loans in deferment because you cannot afford the payment, you are missing a golden opportunity to start the forgiveness clock on your loans. As long as your loans are in deferment or forbearance, time has stopped for you and you are not moving toward the forgiveness of your student loan debt. Also, deferments and forbearances are doing nothing but increasing your student loan balances. 

  • Q:What does it mean to have my debts discharged?

    A:Discharge in bankruptcy is a good thing. To have your debts discharged means the bankruptcy case has concluded and the debts are cleared from the debtor's obligations. The debtor no longer has a responsibility to pay those debts. 

  • Q:What is the creditors' meeting?

    A:The creditors' meeting is usually a brief meeting in which the Trustee and the creditors have a chance to ask you questions about your assets and the ability to pay your debts.

  • Q:What Is An Automatic Stay And What Does It Do?

    A:An automatic stay will temporarily put an end to creditor harassment in most cases. They are not permitted to call you, send letters, garnish wages, or threaten lawsuits. These go into effect automatically after filing for Chapter 7 or Chapter 13 bankruptcy – however, creditors may not know about it right away.

  • Q:Will I go to jail if I don't pay my debts?

    A:If you don't pay your debts, then your debt collectors are probably harassing you with a bunch of scary threats. Our Augusta, Georgia bankruptcy clients know these harassing calls can be stopped. There has been no debtor's prison in the United States since the 1800s. Therefore, the short answer is that you will not go to jail if you do not pay your debts. In fact, it is a violation of the Fair Debt Collection Practices Act (FDCPA) for a collector to threaten you with an arrest for failure to pay a debt. In certain situations, if you have written a bad check, owe back child support, or have unpaid fines, you could spend some time in jail. However, generally, these are not the types of debts that collectors call about. 

  • Q:When does someone need a lawyer for a bankruptcy case?

    A:All individuals have the right to represent themselves in a court. However, bankruptcy is a complicated area of law. There are numerous considerations – is filing for bankruptcy the best option for your situation? What chapter should you file under? What exemptions can you claim? Having a thorough knowledge of bankruptcy law can save you incalculable time and money.

  • Q:Are all debts dischargeable?

    A:Sadly, no. Not all debts are dischargeable. There are particular types of debt that bankruptcy will not wipe away. Tax debts, child support, and student loans are examples of debts which cannot be discharged. However, just because it cannot be discharged does not mean that bankruptcy can’t help you. Indeed, a Chapter 13 bankruptcy can help you to repay those debts at an affordable rate.

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