Northwest Georgia
Bankruptcy Lawyers



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Stop foreclosure, wage garnishment and creditor harassment

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Who’s losing their tax refund in bankruptcy?


Our clients in the Rome, Cartersville, and Dalton area always want to know if their tax refund is safe; after all, families that receive sizable refunds rely on that money to catch up on necessary or unexpected expenses.
Most often the answer lies with where the client resides in Northwest Georgia. Different Trustees in different divisions have different policies regarding this issue.
The good news is that the Trustee assigned to the Rome division does not require our clients to forfeit their tax refund monies. Unless the client has tax debt upon entering bankruptcy, our clients file their tax returns just like normal and receive their refunds in a timely matter.
For those clients who live in less favorable districts of Georgia: our knowledgeable attorneys at Bournakis & Mitchell, PC can advise you on how to avoid this problem altogether. For Chapter 7 cases, the state bankruptcy statute allows clients to disclose and exempt anticipated tax refunds up to a certain amount. For Chapter 13 cases, clients may be best served by adjusting their withholding such that they minimize their refunds altogether.
Talk to one of our Northwest Georgia attorneys at Bournakis & Mitchell, PC today before using your tax refund money to repay or pay off debts. Find out if bankruptcy can help you protect your tax refund and discharge your debts, so that you can receive the fresh start that you deserve.

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Frequently Asked Questions

To qualify for bankruptcy, you must be able to show that your debt far exceeds your ability to pay.
Your debt and income levels are the main factors in qualifying for either a reorganization or liquidation.

How can bankruptcy eliminate my debt?

Bankruptcy is a unique process designed to help people get a fresh start after financial trouble. After completing your bankruptcy, you will receive what is called a discharge. The discharge is the mechanism that prevents creditors from ever collecting certain debts included in your bankruptcy.

Bankruptcy is a unique process designed to help people get a fresh start after financial trouble. After completing your bankruptcy, you will receive what is called a discharge. The discharge is the mechanism that prevents creditors from ever collecting certain debts included in your bankruptcy.

How does bankruptcy stop creditors from calling all of the time and harassing me? How does it stop a foreclosure or garnishment?

As soon as you file a bankruptcy, the Federal Court issues an order called the Automatic Stay stopping all actions by your creditors. Creditors cannot call you. Creditors cannot call your job. Creditors cannot call your family. Creditors cannot call co-signers. Creditors cannot sue you. Creditors cannot even write you. The Bankruptcy Court can and does punish creditors for violating its orders.

How can bankruptcy help me?

Bankruptcy can help you get out of debt. This debt can be eliminated through two different means. Filing for bankruptcy can eliminate the financial pressure on the debtor and allow them to regain control.


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