Introduction
Bankruptcy law is the name given to the branch of civil law that covers federal bankruptcy and state insolvency laws and regulations as they apply to individuals, municipalities, and businesses.
During bankruptcy, a court administers the estate (the property and other assets) of a debtor (a person or business who owes money to others) for the benefit of creditors (a person or business that is owed money). In voluntary bankruptcy proceedings, individuals or businesses may file for bankruptcy in an attempt to resolve a hopeless financial situation.
Some alternative dispute resolution procedures are available during bankruptcy proceedings and also in civil actions related to debt.
Recent Georgia Supreme Court Decisions:
- State of Georgia ex rel. Doyle v. Frederick J.Hanna & Associates, P. C. (Ga. 2010) (judicial branch authority to regulate practice of law precludes executive branch agency from investigating complaints about law) More Information & Full Text
Top Rated Bankruptcy and Debt Resources:
Individuals may represent themselves in legal matters. Self-help should be considered when possible adverse consequences are relatively modest.
ADR Options for Bankruptcy and Debt:
- Mediation: Mediation is a recommended approach to resolving legal disputes before resorting to adversarial litigation. Mediation FAQ
- Arbitration: Arbitration is generally less expensive and time consuming than traditional litigation. Georgia law authorizes arbitration of a wide range of disputes. Arbitration FAQ
- Hybrid Mediation-Arbitration: Hybrid mediation-arbitration provides parties an opportunity to reach a voluntary settlement of some or all issues in dispute followed by arbitration of issues that the parties are unable to settle voluntarily.
- Case Evaluation: Case evaluation is an alternative dispute resolution method that is useful in the early stages of litigation.
- Discovery Audits or Masters: Discovery auditing service is available for litigated cases to help resolve complex discovery issues effectively.
Find Attorneys:
Use the Center for Legal Solutions Georgia Attorney Directory to locate attorneys with experience in this subject area. See Attorneys listed on the right side of this page.
Additional Resources:
Our legal community-driven guide highlights the most relevant, timely, and useful links available.
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