Will Atlanta File for Bankruptcy aka Chapter 11?

It seems that many cities are filing for bankruptcy during the economic downturn. Continued demands of expenses, including operating costs, rising education and pension benefits have resulted in many communities facing economic difficulties. Could this happen in Georgia? Will Atlanta file for bankruptcy via Chapter 11?

If you asked this question a few years you would have likely been laughed it. The chances that a city could file for Chapter 11 bankruptcy were quite rare. It seems like it is becoming a bigger trend though. In 2011 it appears that every few weeks a community actually files for Chapter 11. Many communities will talk about it, and it is likely to start a debt about property taxes and budgets, but the difference in 2011 is that many have filed for bankruptcy. One of the most recent examples comes from the Rhode Island community of Central Falls filed for bankruptcy.

Atlanta has high educate costs, and an employee pool that has both high benefit expenses and pension costs. Atlanta has made many efforts to avoid the fate of communities such as Central Falls, RI. It has made difficult cuts, which has angered many. It has raised property taxes, which has also angered many. The efforts of Atlanta might be enough to avoid it from a Chapter 11 bankruptcy. If the city ever was to declare it would likely be the largest city in the U.S. to default.


Gwinnett County Lowers Millage Rate for Property Owners

The news isn’t big for many Gwinnett County property owners, but it is welcomed. An August 2011 vote by the Gwinnett County Commission has resulted in the lowering of one of the county’s millage rates.

  • Gwinnett County paid off bonds for roads and libraries earlier in 2011
  • Property owners will benefit on tax bills
  • Gwinnett County will take in $6m less in tax revenue as a result of the lowered millage rate
  • Reduction equates to about $15.64 to the average home in Gwinnett County
  • Average home is worth $174k

While $15.64 isn’t going to change alot for almost any property owner in Gwinnett, the reduce itself is a good sign as property values have continued to decline, while many municipal budgets have had challenges in reacting. Other counties in Georgia are not as lucky because their county governments are seeking increasing property tax rates to gain additional revenue to fund programs. You may recall the city of Atlanta was one such Georgia location in the last few months to expand its property tax rate.

For residents of the county this is small, but symbolic news. It isn’t likely going to stop many for seeking out a Gwinnett County bankruptcy lawyer, but it will slow the pace that increasing expenses is having on residents of the county. If you are looking for a Georgia bankruptcy lawyer and you live in Gwinnett, consider contacting the Berry & Associates Duluth bankruptcy law office.

Filed under: Economic News — Tags: , — admin @ 8:37 pm

Burt Reynolds Faces Foreclosure

Famous actor Burt Reynolds joins the growing list of people facing foreclosure. He is accused of owing almost $1.2 million to Merrill Lynch Credit Corp. on his Florida estate named “Valhalla.” Just last year he had bypass surgery on his heart. Also last year he is accused of stopping his mortgage payments. The home was first purchased in 1994 for $1.5 million and is suspected to be worth about two the value that he owes. In 2009 the estate was put on the market for $12m, but six months later the price was reduced to $8.9.

  • Owes $1.2m mortgage to Merrill Lynch Credit Corp.
  • Estate called “Valhalla”
  • 12,500 sq. ft home in Hobe Sound, FL
  • Mediterranean-style home with 5 bedrooms
  • 3 wooded acres on the waterfront
  • Mortgage established in 1994 with ex-wife Loni Anderson for $1.5m
  • Attempted to sell the home for $8.9m in 2009 (6 months earlier the asking price was $12m)

Bankruptcy is not new to Burt Reynolds, he declared Chapter 11 in the 1990s after divorcing Loni Anderson and having a series of bad career and investment decisions.

This is not Reynolds primary home. The lawsuit lists his address in Little Rock, AK.

Filed under: Economic News — admin @ 12:29 pm

What Happens When You File For Bankruptcy?

Millions of Americans have received protection under U.S. bankruptcy law. The bankruptcy code has protected millions of people like you and is designed to be a debt relief tool. There is a misconception of what happens when you file for bankruptcy. While the foundation for bankruptcy is defined on the federal level, each state decides how bankruptcy works.

Question: What Happens When You File For Bankruptcy?

Answer: It is a great question and one that has many answers. Upon filing for bankruptcy the ourt issues a protection. This courted ordered protection stops creditors from contacting you. This includes:

  • Contact from Creditors
  • Garnishments
  • Repossessions
  • Harassing Phone Calls

While you are going through the bankruptcy process the above will not occur. This will allow you to stop worrying about your debt. By worrying about your debt less, you will have an opportunity to begin to move past it and start thinking about the future.

The step of filing for bankruptcy can be a tough one. Sharing your financial information is a sensitive topic for many, especially for those that are in a tough situation. By talking to a bankruptcy lawyer, he will be able to review your options, explain how the U.S. bankruptcy code works, and how it is implemented in Georgia. He can discuss options around Chapter 7 and Chapter 13 bankrupcy and of course, give you a better idea of what happens when you file for bankruptcy in Georgia.

For clients of Berry & Associates, many of our Georgia bankruptcy cases are based in Atlanta. We have helped over 25,000 residents with personal bankruptcy cases. We have over 10 metro Atlanta offices, so it is easy to find a bankruptcy lawyer.

Filed under: Bankruptcy Information — admin @ 7:40 pm

Fulton County Foreclosures Increase by 16 Percent

Fulton County followed the trend of many Georgia counties in July. According to RealtyTrac, Fulton had 1,434 Foreclosure actions in July 2011, the highest in the state. This translates to 1 out of every 310 Fulton County homes. In June 2011 Fulton County Lead Georgia Foreclosures with 1,235.

The shift from June to July is a 16 percent increase in foreclosures for Fulton County. Other major Atlanta area counties were also hit hard, in particular DeKalb and Gwinnett. Cobb County saw only a marginal increase in foreclosures.

Question: Can I Avoid a Fulton County Foreclosure?
Perhaps. Declaring bankruptcy may be an option to avoid a foreclosure. Other actions, along with the bankruptcy filing are often required. If you think you are a candidate for bankruptcy, contact Berry & Associates to schedule an appointment. Our bankruptcy attorneys average 10 years of case experience and can help explain what bankruptcy options may exist.

If you are facing a Fulton County bankruptcy, contact us. Our Atlanta office is our main office and it is open 6-days a week, including Saturday.

Fulton County Berry & Associates Atlanta Bankruptcy Attorney
2751 Buford Highway
Suite 400
Atlanta, GA 30324
Tel: (404) 235-3328

Filed under: Economic News — Tags: , , — admin @ 7:33 am

I have $20,000 in Credit Card Debt, can I File for Chapter 7?

Credit card debt can be tough to rebound from, especially when the debt is a large portion of your annual income.

Question: I owe $20,000 in credit card debt. Can I file for Chapter 7 bankruptcy?

Answer: The ability to repay your credit card debt will involve several factors:

  1. Your income (weekly / monthly take home)
  2. Your total debt
  3. Your credit card minimum payment
  4. Your credit card interest rate
  5. Your other monthly expenses

Variable 1 – Your Income:
Your income is one of the biggest variables. It is alot easier for a person with a $75,000 income to repay $20,000 of credit card debt than a person with a $35,000 income.

Variable 2 – Your total debt:
In this case a $20,000 credit card debt may or may not be the big factor in determining if Chapter 7 is the best option. Other debt, including owning a home, a car and other goods. Under Georgia Chapter 7 bankruptcy you are allowed to keep just over $11,000 worth of goods, such as clothes, furniture, wedding bands and some electronics. In summary, you don’t want to have substantial valuable assets when considering if Chapter 7 is right for you. If you have assets that you are looking to protect, a Chapter 13 bankruptcy might be a better option. An Atlanta Chapter 7 bankruptcy lawyer will be able to tell you if Chapter 7 or Chapter 13 is best for you given your asset level

Variable 3 – Your credit card minimum payment:
Just keeping up with the credit card’s minimum payment can be a challenge. If the minimum payment is too high of a percentage of your monthly income, you may be in too deep. Also, if you can repay the $20,000 credit card debt over the course of 3-5 years, Chapter 7 bankruptcy might not be for you.

Variable 4 – Your credit card interest rate:
Your credit card interest rate can mean thousands of dollars over the course of repayment. You’ll want to both know what the interest rate is and how it is calculated. You might be able to negotiate a lower interest rate, thus avoiding a potential bankruptcy or transfer part or all of the debt to another credit card under more favorable terms. Credit cards are typically the highest interest rate a person has.

Variable 5 – Your other monthly expenses:
If your other monthly expenses are high, paying back the $20,000 credit card debt may not be possible. Your bankruptcy lawyer will discuss these other expenses with you and help frame how you can benefit from seeking bankruptcy protection.

With 20 years of experience and over 25,000 cases assisted, Berry & Associates is one of the most experienced group of Atlanta bankruptcy lawyers. Call us, or search the site to find a bankruptcy lawyer.


Central Falls Files for Bankruptcy. Isolated or a Trend?

So far 2011 has not been a kind year for municipal governments and bankruptcy. Central Falls, RI is perhaps the most recent example. The small community of 19,000 was in the national news just last year when its school board voted to fire all teachers at its high school because the school board failed to meet an agreement with the teacher’s union. Even President Barack Obama got involved in the incident.

The showdown between Central Falls and its workers has continued into 2011. This time negotiations break down between the city and police and fire unions. When Central Falls ran out of options, they decided that filing Chapter 9 was the only option. Here’s the breakdown without the filing.

Central Falls: $5.6m Deficit

  • $22m in expenses
  • $16.4m projected revenue
  • City services reduced to minimal levels
  • Taxes increased to maximum levels

An incident earlier in the year in Idaho first drew national attention. Idaho’s Boise County filed for Chapter 9 protection after it had been determined that the county had violated federal law. The result was the county needed to pay $6.2m to a developer. Central Falls is facing a similar shortage. It is expecting a $5.6m deficit by next June.

A municipality to declaring bankruptcy seems to be an isolated incident, but it’s not. Locally in Georgia several counties have faced the risk of bankruptcy because they were unable to collect taxes on homes in default, including going through a bankruptcy procedure. This can also impact the cash flow of a municipality, which in turn can limit its ability to pay for services and obligations.

When a community declares Chapter 9 it distresses everyone. The value of the community decreases and as illustrated in Central Falls, the taxes that the community ends up seeking can go up, further hurting the buying power and ability to pay personal debt that many Central Falls residents are facing. The expected result can be a trickledown effect with and increased demand for people looking to file for Chapter 13 bankruptcy and Chapter 7 bankruptcy.

Filed under: Bankruptcy News — Tags: , , — admin @ 10:49 am

What can Beazer Homes Teach Consumers about Potential Bankruptcy

Interesting article today by H.J Huneycutt about Beazer Homes (Ticker: BZH). Huneycutt writes about his position on viewing Beazer and other homebuilders as a good potential long term bet.

The article is titled, Can Beazer Homes Avoid Bankruptcy? At first this seems like it has nothing to do with personal bankruptcy and has everything to do with a contributor’s investment opinion. Look deeper though. The ideas that Huneycutt showcases have stark similarities to identifying if you are able to avoid a bankruptcy due to your personal financial situation.

When comparing Beazer to its fellow competition you will notice three core differences that puts them at both a disadvantage and a higher risk for seeking bankruptcy protection:

  1. 2-8x Debt to Equity Ratio
  2. 50% higher weighted average interest rate
  3. 2x higher “Interest Payments as a Percentage of Revenues”

The third is a big risk and the parallel to draw onto personal bankruptcy and evaluating if a Chapter 7 or Chapter 13 bankruptcy is right for you. Consider this, if twice your money is going towards paying interest or monthly minimum payments as a portion of your income, it is both very tough to get out of debt and very tough to maintain a good standard of living. When you acquire a certain level of debt and the interest alone takes up a high percentage of your monthly income, then you know you may be in trouble.

Will Beazer Home files for bankruptcy. Who knows. Huneycutt seems to think there is about a 30% chance that Beazer will file for bankruptcy within the next 3 years. Regardless of the Beazer outcome, consider how the financials of how he is analyzing the company can impact you. For example, if you have too much overall debt, a weighted average interest rate that is too high, or the percentage of income that is going to monthly interest rate and minimum payments, then you may have some of the personal finance signs that bankruptcy is a good option. If you think these describe you, consider contacting Berry & Associates. Our Georgia bankruptcy attorneys have helped over 20,000 consumers through the bankruptcy process.

Filed under: Economic News — Tags: , — admin @ 11:52 am

Average 2011 College Graduate Debt is $22,900

The graduating class of 2011 will set a record for having the highest amount of debt upon graduation. That is not the way that many students want to start off their career, but one that many believe is necessary to give them the opportunities in life that they want from their careers. The Wall Street Journal reported about the class of 2011 in May:

Together with loans parents take on to finance their children’s college educations — loans that the students often pay themselves – the estimate comes to about $22,900. That’s 8% more than last year and, in inflation-adjusted terms, 47% more than a decade ago.

Is the level of debt still worth it? Probably, but the amount of time it will take to get free from this debt is going to take years. In Georgia, which experiences a high quality of living, average starting salaries can be lower for recent graduates than in other parts of the country. Starting with $20k of debt can be difficult for a person that is making just over $30k per year in a city such as Atlanta.

While the unemployment rate is much lower for college graduates, so too is the typically the level of debt that they owe. For those that are a college graduate, but are unemployed the risk of bankruptcy can be too real (see college graduates bankruptcy). Mounting credit card debts and the pressure to keep up with car payments and student loans can eat away almost all of a 20-something’s income. Maintaining payments of these debts is obviously more challenging when that person is not employed.

Bankruptcy is an option to free yourself from debt, but it is not an option for everyone. If you have questions about a Georgia Chapter 7 or Georgia Chapter 13 personal bankrputcy, the Atlanta bankrputcy attorneys of Berry & Associates can help.


Why College Graduates Bankruptcy Filings are Expected to Rise

Seeing a recent college graduate can be energizing. You look at her and you see the excitement in her plans for the future. She has worked hard over the last few years and she is eager to get into a career. If you are experiencing this with a recent college grad then she has beaten the odds. For many college graduates, especially those with mounting debts, bankruptcy can be on their minds too often as landing their first salaried job. Recent college graduates bankruptcy rates are expected to rise in the next few years.

Sadly there isn’t going to be as much good news for many in the class of 2011 as there wasn’t for those in the past few year. The class of 2010 and class of 2009 have similar stories to tell. Ever since the great recession hit a few years back, the job market has radically changed. The college graduates of today were just starting in school when the economy soured. It is unlikely back then as they were thinking of what their major was going to be that they could picture the world that awaited them when they got out.

The average student that has graduated college in the last few years has magnified disadvantages over their peers. It seems like the costs of everything has gone up and their ability to afford the things expected by their peers is becoming tougher. Consider these debt-related challenges associated with recent college graduate increases in bankruptcy filings.

  1. Higher credit card debt
  2. Lower salaries (entry level)
  3. High student loans

For those students self-funding their education, keeping up with rent, and automobile, cable, internet and phone service is much more expensive than a student attempting the same just 10 years ago. Worst, the ability for a student of today to afford these things is not dramatically higher. For many recent college graduates, bankruptcy is becoming an option that they did not expect to consider.

For those students that did get an entry level job, it is unlikely that it is much higher than the entry level positions offered in the last few years. Add in gas that can easily top $4 a gallon at times, inflation in food prices and a requirement to keep up with minimum credit card payments and you have a stressful situation.

Flip through your television and it is hard not to see commercials encouraging college enrollment. Most people know that they will statistically make more money over a lifetime with a degree. What people don’t always factor in is the amount of debt it will take to get you out of school. For those college graduates considering bankruptcy, it is important to remember that student loans are almost impossible to be dismissed. You will have to pay those loans back. If you are facing student loans that are unable to be paid, try to talk to the company holding the loan. Sometimes loans can be deferred for a period of time.

It is important to pay your debts to the best of your ability. With high unemployment and graduates with 2-3 years of experience coming for entry level jobs that recent graduates are seeking, keeping up with living expenses, plus any credit card debt can be difficult. It is going to be tough. Avoid bankruptcy if you can. If you feel that all options have been explored, contacting a Georgia bankruptcy lawyer can an option worth exploring

Filed under: Bankruptcy News — Tags: , — admin @ 7:12 am



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