Should I Wait Until After Foreclosure to File Bankruptcy in Atlanta, Georgia?

Since foreclosure day in Georgia is the first Tuesday of every month, which is July 5, 2011 for this month, you may wonder if you should wait until after your house is foreclosed to file Chapter 7 or Chapter 13 bankruptcy. Whether you should wait until after the foreclsoure to file bankruptcy depends on your circumstances. If you would like to keep your home in bankruptcy, whether you want to keep it long-term or short-term, then you must file bankruptcy before the foreclosure date is scheduled. You cannot file bankruptcy to keep your home after the foreclosure. If you are ready to move out of your house and do not want to keep it, you should probably wait until after the foreclosure to file bankruptcy.

Other considerations for when to time the filing of your bankruptcy case with the foreclosure include:

  1. Homeowners’ association dues: if you have an HOA associated with your home, you should consider that post-petition HOA dues are non-dischargeable in bankruptcy, so if you file bankruptcy BEFORE the foreclosure, you may be liable on the HOA dues that are incurred after the bankruptcy is filed.

  2. Means test: in order to qualify to file a Chapter 7 bankruptcy in Georgia, you have to pass the means test, which is an income test to determine if you qualify to file Chapter 7 bankruptcy. Under the means test, you are allowed to deduct secured debts, such as mortgage debts, from your monthly disposable income. Thus, if you earn income that is higher than median income for your household size, you may want to file bankruptcy BEFORE foreclosure so that you can deduct the mortgage debt.

Your case must be evaluated individually to see the best options for you with regarding to filing bankruptcy. If you wish to schedule a free consultation for a bankruptcy evaluation in Atlanta, Georgia, please call the Law Offices of Charles Clapp at (404) 585-0040 to schedule a meeting.