Importance of Bankruptcy Protection

More than anything else, bankruptcy protects you. It protects your home, car, retirement money, job, and most importantly, your family. If you fear that you’ll lose the items you’ve worked all your life to get, it’s time to consider bankruptcy.

What can bankruptcy do?
Bankruptcy can discharge you of most if not all your debts. If you have some credit problems – a high credit card bill or a huge medical bill, for example – bankruptcy can discharge these debts. For Georgia bankruptcy filers, in a tough economy you do have some protections.  If you lose your job and cannot afford bills, you can discharge the majority of your debts with Chapter 7 bankruptcy. If you are falling behind on mortgage payments and fear foreclosure, Georgia Chapter 13 bankruptcy can protect your home.

How does bankruptcy protect your home and car?

Chapter 13 bankruptcy still discharges you of debt, but debt you pay on. Chapter 7 discharges you of most debts completely, such as credit and medical, without spending your money (though you can lose some possessions through liquidation). The big difference is you are often allowed to keep all your assets in a Chapter 13 bankruptcy. If foreclosure papers have not been filed, an automatic stay can first stop the foreclosure before it begins and then allow you to create a debt repayment plan. For your car, Georgia bankruptcy can protect it from the repo-man by also making it part of your debt repayment plan.

In any case, once you file bankruptcy, you immediately buy yourself several months to work out your financial problems. If possible, Chapter 13 can then protect your assets by making them part of your debt repayment plan.

How can bankruptcy protect your job?
By “protecting” your job we are not talking about losing your job. You will never lose your job because you file bankruptcy, though in some financial jobs you may have trouble getting a new job. What bankruptcy does is protect your bottom line – the paycheck you get every week. Wage garnishments are common in Georgia for debtors who fall behind on payments. By law, you can have wages garnished. Also by law, bankruptcy can stop it.

Why pay a lawyer?
Should you hire a lawyer or do it yourself? You always need a lawyer. Just as you would need one to defend yourself in criminal court, you need a professional to fight for your best interests against creditors. A good Georgia bankruptcy lawyer can be invaluable in protecting your home, car, and wages, and saves you far more money than he or she costs you.

What happens when you’re done?
Chapter 7 bankruptcy typically discharges you of debt in a matter of months. Chapter 13 bankruptcy takes much longer, about 3-5 years. In both, you are clear of most debts. You will then need to start rebuilding your credit so you can soon enough get new loans and credit cards. The myth is you have no credit options after bankruptcy. You may pay more interest rates, and it will take some time, but the truth is starting over is not difficult.


Timing, Money, And Atlanta Chapter 7 Bankruptcy

Bankruptcy solves problems. Thousands in Atlanta file successfully every year at the right time and save money. How much money? You can discharge most if not all your credit, medical, contract, and personal debts owed.

Though rare, a creditor can appeal your decision for being discharged of a debt. Since most filers make less than the average Georgia income, the amounts discharged are not necessarily huge. But cases of tens of thousands in credit card debt to hundreds of thousands in medical debts (common with lack of coverage) can and often are discharged at no cost to the filer.

For Atlanta residents stuck with debt, the good news is if you time this right, you can save quite a lot of money. You obviously save money by not having to pay these debts. This is no loophole; if you are eligible, you can save thousands of dollars.

Timing is important. If within the past six months you made more money than average for Georgia individuals or families, you cannot use Chapter 7. If you have enough disposable income, along with more money coming in from a job, you may be forced to file Chapter 13.

Because Chapter 13 has its own inherent advantages, consulting with legal help is smart. While many Atlanta families fall within the income limits for Chapter 7 bankruptcy, in some cases a Chapter 13 filing may be necessary or more effective.

Timing is also important on what debts you owe, what you do with what money you have, and what debts you can discharge. For example, you might be expecting an impossible-to-pay medical bill to come in because you lost your job and lack coverage. In this case, timing is critical to discharging the debt. If you file before the bill comes, you will not be able to discharge the debt. If you wait long enough, if possible, until you get the bill, it can save you a lot of money.

Thousands of Atlanta residents and over 1.5 million U.S. citizens have successfully used bankruptcy to discharge or repay debts in the pasty year. The great majority of these are Chapter 7 bankruptcies.

The reasons are clear: jobless rates and the mortgage depression have hurt many individuals and families. More have filed in the past 12 months since last July than filed bankruptcy in the 12 months before that. The numbers are up almost 20%.

What does this mean to you? Filing bankruptcy is not always about whose at fault and who spent too much money. Bankruptcy is part of the system, and a fact of life. If you have a family, if you just lost your job, if you fear losing your home to foreclosure, it’s time to speak with an Atlanta bankruptcy attorney.


Filing Georgia Bankruptcy – What If You Are Ineligible?

Filing bankruptcy in Georgia can save you a lot of time, grief, and money.

Maybe it’s easy to see how you save grief and time: you spend less time finding ways to pay bills, less time worrying about bills, and less time agonizing about having wages garnished and your home taken. But how can you save money by filing Georgia bankruptcy? It may seem obvious for a Chapter 7 bankruptcy, where you discharge a debt. But you also save money in Chapter 13, mainly in terms of assets and property than actual dollar amounts.

Unfortunately, more and more individuals and families are ineligible for bankruptcy. This problem is addressed in this blog guide. We’ll be going over eligibility laws unique to Georgia, what to do if you are ineligible for one, and how best to use bankruptcy.

Eligibility for Chapter 7 Bankruptcy in Georgia

Chapter 7 bankruptcy eligibility is based on income. The more income you have, the harder it can be to file for help. However, if you are out of work or in a low-paying job, you’re almost always eligible. For individuals in Georgia, you can make up to $40,691. For families of two, $55,258. For families of three, $61,104. For families of four, $68,502. You can only file Chapter 7 every 8 years. Therefore, if you filed 5 years ago and want to file again, you can’t. Also, businesses cannot file Chapter 7, only individuals and families.

Chapter 13 Eligibility
Eligibility for Chapter 13 bankruptcy is pretty much the same nationwide. You can make as much money as you want, but there is a limit on the debts you can have. You cannot have secured debts – debts with collateral such as homes and cars – of $1,010,650 or higher. You cannot have unsecured debts – debts like credit card and medical bills – exceeding $336,900. You must also be an individual or family to file Chapter 13. Also, because in this form of bankruptcy you are paying some if not all of the debts, you must have a reliable source of income such as a job or disability capable of funding the debt repayment plan. Finally, if you filed any sooner than six years ago, you cannot file Chapter 13 anywhere in the country.

Filing a Second Time
The point of bankruptcy is to get a second chance financially. Unfortunately, many make the mistake of  overspending and not paying on debts correctly, leading to a second bankruptcy. There may be some problems with how you handle money, and you may want financial help for overspending from financial experts and counselors. We all make mistakes, and though filing a second time can be disheartening, it’s important to move on.

What if you aren’t eligible?
Most commonly what occurs is those interested in Chapter 7 bankruptcy make too much. Because of the means test instituted in the bankruptcy code changes of 2005, if you make too much, as addressed earlier, you may be forced to file Chapter 13. This is not always bad. Chapter 13 has many advantages, including protecting your property and assets from being taken. Georgia has some of the highest foreclosure rates of all states, making stopping foreclosure entirely with a timely Chapter 13 filing a smart decision.

On the other hand, you may not be eligible for a Chapter 13 bankruptcy. If somehow you owe this amount of debt, you need some speak with some financial experts about your situation. This is rare, but there are solutions.

Who can help?
Bankruptcy is about getting help, not being judged. You likely want a person to help you, not a computer. An experienced Georgia bankruptcy lawyer can save you time, money, and assets. They can also guide you through the bankruptcy process.




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