Discharging the Most Atlanta Debt with Bankruptcy

If you want to discharge the most of your debt, this action guide gives you tips to eliminate the most debt, including medical, credit, and mortgage debts.

Know Your Rights
You have a right to file bankruptcy as a U.S. citizen, a right to a fresh start. Sometimes you may not be eligible for bankruptcy, but you always have some options, and almost always have the right to file either Chapter 7 or Chapter 13. Living in Atlanta is unique, but the major benefits are universal. You can discharge credit and medical debt with a Chapter 7 bankruptcy; you can protect your home from foreclosure while paying on other debts with a Chapter 13 bankruptcy.

Educate Yourself
Research may not have been your most enjoyable part of school, but it’s really not that hard these days. You can go directly to U.S. government web sites for rules and regulations on bankruptcy. You can read valuable information on blogs just like this on. You can stop by the library, ask for materials, and find magazine articles and books explaining exactly how to solve your debt problems. Did you know, for example, that the “automatic stay” stops all collections against you for some months, whereupon you can discharge the debt causing it? That’s some of the valuable info you can get on this blog, on government sites, and at the library.

Georgia Bankruptcy Eligibility
If you want to discharge debt with a  bankruptcy, you need to know your eligibility. Here on Georgia Debt Law, we go over eligibility rules weekly. If you make too much money as an individual or family, you may have to file Chapter 13 bankruptcy instead of Chapter 7. If, on the other hand, you owe hundreds of thousands if not millions in unsecured and secured debts, you may be ineligible for Chapter 13 bankruptcy.

Chapter 7 to Discharge Debt
Chapter 7 bankruptcy is effective for Atlanta residents who simply cannot keep up with interest rates and penalties. There is no limit on how much credit card, medical, or mortgage debt you can discharge. As long as you do not make a more than average income, you can be free of that huge credit card debt, that impossible medical debt, or that mortgage you cannot keep paying on.

Chapter 13 to Discharge Debt
Chapter 13 bankruptcy, though used less than Chapter 7, has some major benefits too. You are technically still “discharging” your debts, but by paying on them over time. You might save your Atlanta home too, a major benefit, by stopping a foreclosure before it begins.

Atlanta Bankruptcy Lawyer
In Georgia, unemployment is over 10%, higher than the national average. If you walk down past 250 homes, one will go into foreclosure this month, if not more. These problems can be life changing, but you have rights, and you have options. While you can forgo hiring an Atlanta bankruptcy lawyer, he or she can ensure you discharge the most debt and protect the most property. And a good one should charge a fair fee, from $1,000 to $2,500.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , — jmalewitz @ 1:46 pm

5 Things Not to Do When Filing Bankruptcy

You can file bankruptcy for numerous reasons, but there are times when it’s not in your best interest. Other times, it’s in your best interest to file quickly.  This guide goes over some “don’ts” when you are considering filing for debt help. If you are unsure of where to begin, the best advice you can get is from a Georgia bankruptcy lawyer.

File Because of Creditor Harassment Only
The main reasons for filing bankruptcy are because of immense debts and/or pending foreclosures and repossessions. If you owe $5,000, and are getting non-stop creditor calls, you may reconsider filing for bankruptcy. That is a minor debt you can likely pay in 3-5 years time, if not earlier. Some file simply to stop creditor harassment. You can save yourself some legal work by simply writing the creditor a  letter explaining you want no contact with them. By law they have to stop contacting you. If you file bankruptcy for a minor debt mainly because of harassment, remember that you can only file so often and you may want the opportunity to file a few years down the road.

Avoid an Attorney
You need a bankruptcy attorney if you are going to file personal bankruptcy – Chapter 7 or Chapter 13. Just as you would not go into court alone for a major crime, you should work with an attorney when filing bankruptcy. He or she will handle the process in and out of court. Are lawyer fees a worry? That’s understandable, but you stand to save a large amount of money with a successful filing, and lose a lot if you fail to correctly file.

Wait Until Foreclosure
A bankruptcy can only do so much. If you wait until foreclosure papers are filed and you are given notice, bankruptcy can do little to help. You can discharge debts, but you must file bankruptcy before the foreclosure begins. If you feel making the next few months mortgage payments are impossible, that is the time to consider speaking with an attorney and filing bankruptcy. This does not mean you have to lose the home; you can protect it with a Chapter 13 bankruptcy repayment plan.

Lie to Your Attorney
Your lawyer can only do so much. While you may be able to get away with lying to your attorney, it’s pointless. In order for your attorney to properly help you, he or she needs to know about all your debts, mistakes, assets, and legal documents. If you hide things, it only hurts you. And by law an attorney has to keep your discussions confidential.

Try to Cheat the System
On the other hand, lying when filing for bankruptcy or in bankruptcy court is breaking clear laws. You risk being charged with a  crime. You will not be able to file for help with bankruptcy. Any protection you might have had for your home, car, and income may be gone. Instead of hiding assets and money, you must be completely honest. This is not something you can easily do, either, and again, if you’re caught you can be charged with a crime.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , — jmalewitz @ 1:42 pm

Tips on Filing Atlanta Chapter 13 Personal Bankruptcy

Are you eligible for Chapter 13 bankruptcy?
First off, you should see if your eligible for Chapter 13 bankruptcy before making any decisions. Secured debts, such as debts on your home and car, cannot exceed $1,010,650. That should give you plenty of room. Also, you cannot have unsecured debts exceeding $336,900; unsecured debts are monies owed without collateral, such as a credit card or medical bill.

What are the differences with Chapter 7 bankruptcy?
One prime benefit of Chapter 13 bankruptcy is for Atlanta home owners. As we know, foreclosures are a major problem in the U.S., but especially in Georgia and more specifically in Atlanta. A high number of homes are going into foreclosure every month. With a Chapter 13 bankruptcy, you can protect your home better than with a Chapter 7 filing. Chapter 13 can also cancel 2nd and 3rd mortgages, stop a foreclosure before papers are filed, and buy you time to catch up on payments. However, if you do not have enough money to continue paying on the home – or if you file while a foreclosure is ongoing – you still might lose your home.

With Chapter 7, you are discharging debts in a different way, mainly by eliminating them. You do not pay on most debts. Your assets are technically “liquidated” in order to pay back the debt. This means you stand to lose some assets, though it’s not very common. You can save more money with Chapter 7. If your problem is unsecured debts – such as a large medical bill – Chapter 7 is better. If your problem is secured debts – like your home – Chapter 13 can be better.

What can you fund your Chapter 13 bankruptcy with?
Unsure if you can afford a Chapter 13 bankruptcy? After all, you are paying on debts. It depends on where you are at financially. In some cases you may make too much money to file Georgia Chapter 7 bankruptcy. If you are working, a Chapter 13 filing may be better. You can pay on it with your wages, income from self employment, pensions, disability, unemployment benefits, and much more. If you are unsure if you have enough money to fund the plan, sit down with a lawyer and go over it with her.

What about taxes?
You can never discharge tax debts. And if you have not paid your taxes consistently over the past four years, you can be denied a bankruptcy discharge.

Who can help?
For Atlanta home owners, the value of a Chapter 13 bankruptcy is in protecting your home. Also, if you make a lot of money but have no way to pay back debts in a 3-5 year period, a Chapter 13 filing can buy you the time needed to catch up. However, without an experienced Atlanta Chapter 13 bankruptcy lawyer, you may experience delays, costly mistakes, and a failed filing.

There are numerous benefits to hiring a lawyer: he or she can protect your assets, help you fund the repayment plan, ensure you follow all laws, and protect you from creditor harassment.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 2:51 pm

Good News on Georgia Bankruptcy

In a September 2010 post on the Atlanta Journal-Constitution, some good news for Georgia residents is noted.

Before we get to that, let’s look over the problem. Georgia has been hit by some of the highest rates of foreclosure, bankruptcy, and unemployment in the country. According to RealtyTrac, 1 in about 250 homes are being foreclosed in Georgia every month, and that number has stayed high in recent months. In comparison, states like Texas have foreclosure rates of 1 in 800, a much better rate. That means, to be clear, that if you walk past 250 homes in Georgia, in one month one of those will go into foreclosure.

Unemployment is a problem across the nation, with almost 10% of the population being out of work. Some states are below 5% and many are below 9%. According to the Department of Labor, about 9.9% of Georgia residents are unemployed, not quite in the top 10 worst states, but close to it.

The real problem in Georgia has been with bankruptcies. Georgia has some of the highest bankruptcy rates in the country, especially when you compare some of our state counties to other state counties, which brings us to the Atlanta Journal-Constitution article by Henry Unger.

Unger’s point is on Georgia county rates for bankruptcy. Sometimes in the previous year, as many as seven to eight counties have been rated in the top 10 for bankruptcies nationwide. In other words, Georgia county foreclosure rates have been a statistical nightmare, having some of the worst counties in terms of personal bankruptcy of the entire country.

The good news? “In August, only four metro Atlanta counties — Newton, Henry, Douglas and Rockdale — made the Top 10 list, according to the National Bankruptcy Research Center,” writes Unger. He also points out how Atlanta area bankruptcies have gone down since last year.

It’s good news, but the reality is Georgia still has some of the highest rates of bankruptcy in the country. With the mortgage crisis, unemployment, and medical coverage still being a problem nationally and in the state, we have a long way to go.

This does not mean filing bankruptcy is a bad thing. It can save you a lot of money. Bankruptcy is not for everyone, but if you’re problem is high debt, and you are unemployed, filing Chapter 7 bankruptcy is an option. With the rate of foreclosures still quite high in Georgia, there has never been a better time to protect your home by using Chapter 13 bankruptcy.

If you want some more good news, consult with an experienced bankruptcy lawyer. A Georgia lawyer can save you time, money, and assets.

Filed under: Bankruptcy News — Tags: , , , , , , , , , , , — jmalewitz @ 12:53 pm

5 Steps to a Successful Chapter 7 Bankruptcy Discharge

Filing Chapter 7 bankruptcy in Georgia is about saving money. It’s no secret: bankruptcy solves problems, whether you have a home and car or not, whether you have a job or not, and no matter how much or how little you owe. But the discharge, the most important part of a Chapter 7 bankruptcy, takes legal help and knowledge. Hopefully this blog guide can give you some help and information when trying to eliminate debt.

Get the Right Lawyer
First off, you need an experienced Georgia bankruptcy lawyer. He or she is your right hand when it comes to discharging debt. A good lawyer has knowledge on the laws, such as Georgia bankruptcy eligibility, knows how best to discharge your main debts, gives you legal protection, and can stop creditor harassment immediately.

Know Your Rights
You have a right to file bankruptcy. It can save you from losing your home, car, and getting wage garnishments. Remember that bankruptcy is for more than those in debt; it can also help protect your home and car. You have options beyond Chapter 7, namely Chapter 13 bankruptcy. Sometimes you may not be eligible to file for Chapter 7, or maybe Chapter 13 is preferred in order to file.

You have a right to file bankruptcy, but sometimes Georgia state laws limit your choices. However, in most cases, it is your right to file for a bankruptcy discharge, save money, and protect your assets.

Discharge Major Debts
If you want to eliminate the most debts, you need to play your cards right. That means filing at the moment you have the most debt possible to discharge. Chapter 7 bankruptcy is all about timing; if you can file at the right time, you can use effectively. For example, you may owe only $10,000 in credit card debt, and have a job capable of paying this off in 3-5 years. However, you or a loved one have no medical coverage, and a huge bill is coming in the mail. In this case, by waiting until you get the bill you can discharge the most debt. You want to eliminate the majority of your debts, and this requires timing.

Protect Your Property
Chapter 7 bankruptcy may not be as effective in protecting your home and car, but remember you have Chapter 13 as an option too. Also, a little known fact is you can negotiate with creditors outside the bankruptcy. Say you file Chapter 7, and you have a home you want to keep. Because you may lose it in the bankruptcy, you can negotiate with the mortgage company outside the bankruptcy. If that does not work, you may also consider Chapter 13.

Avoid A Second Bankruptcy
Finally, filing bankruptcy should not be a regular event. You can only file so often too (every 8 years for Chapter 7). So take advantage of your right to bankruptcy only once. While sometimes a second bankruptcy is wise, if you can keep your finances in order, stay out of debt, and keep up on bills, you can avoid a second filing.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 1:28 pm

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.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 2:12 pm

5 Tips on Declaring Bankruptcy in Atlanta

Atlanta has been hit hard by the economic problems our country has faced. But there is a light. It’s not always in your best interest to declare for bankruptcy. However, for Atlanta residents in debt and home owners statewide, it can lead to some enormous rewards.

Bankruptcy is too often looked at as the last resort. You can be free of your debts, you can save your home, you can survive until your next job—but you need to know both how to declare bankruptcy and when to. This blog guide focuses on helping Atlanta residents successfully declare bankruptcy.

Do you need bankruptcy?
Bankruptcy is not always the best decision. If your phone is ringing off the hook because of collections against you, there are other ways to stop them. However, when compared to debt counseling and debt management, bankruptcy puts more power in your hands. You can save a lot of money, assets, and headaches by filing. One benefit is stopping collections against you, but not just the calls; you can also discharge the debt completely in many cases.

Do you need a lawyer?
If you file Atlanta bankruptcy, hiring is a lawyer is in your best interests. Legal help does not come freely, but trust us, it’s more than worth it.

Since 2005, bankruptcy lawyers have had to raise their rates; this is because of new Bankruptcy Code which makes it harder to file. However, you can still hire one for pennies on what you can discharge or save. A lawyer can help you through the entire process.

Collecting Your Information
Before filing, you want to have all your information in order. This all depends on what form of bankruptcy you’re filing, Chapter 7 or Chapter 13, and if it’s an individual bankruptcy or joint one. In any case, you’ll need most of your financial info, records of secured and unsecured debts, tax returns for the last two years, deeds, car titles, and any loan documents. Your lawyer can help with these steps.

Filing Bankruptcy Forms
A lawyer can help you accurately fill out bankruptcy forms too. These forms can be somewhat difficult to fill out without some experienced help. Once you fill them out, you’ll have to pay a court fee for which forms of bankruptcy you file.

What Happens Next
If you’ve successfully collected your information, filled out all the forms, and received plenty of help with filing from your lawyer, it’s time to reap the rewards. Atlanta Chapter 7 bankruptcy can discharge the majority of your debts in a matter of months; Chapter 13 can take 3-5 years, but you can save a lot of assets. No matter your reason for filing, financially you will be in a better positions.

Filed under: Bankruptcy Information — Tags: , , , , , , — jmalewitz @ 4:12 pm

Why Atlanta Bankruptcy is Worth It

Filing bankruptcy anywhere has big benefits. For Atlanta residents in financial trouble, filing can truly change your life. How?

Saves Money
We go over the ways bankruptcy can save you money on Georgia Debt Law all the time, but it bears repeating. After all, the many debts you have can be discharged, the many assets you own saved, and all by filing. However, this is not always your best option. Yes, in terms of saving money, it may be the best decision you can make, but you can only file bankruptcy so often, it takes time to file, and sometimes you have alternatives. If you’re unsure, a free consultation with an Atlanta bankruptcy lawyer can help you decide.

Stop Creditors
Creditor harassment is another big benefit. You can technically stop it without filing bankruptcy, but if you want to be free of both the debt and the phone ringing all the time, filing bankruptcy can help. They have no reason to contact you after you file. If they continue, refer them to your lawyer. This may seem minor until you start getting many, many calls on a daily basis.

It Gives You a Second Chance
Financially, a Chapter 7 bankruptcy can definitely give you a second chance. You were hurt, and received a $50,000 hospital bill because you have no insurance. Or you lost your job and had $20,000 in credit debt which keeps on getting bigger. The reasons for why are many, but you can get a second chance by filing. It’s about improving your financial future. Consider that, if you just pay the interest on a $25,000 debt for a few months, for that price you can file with the courts and hire a bankruptcy lawyer – and be free of the debt. This is how bankruptcy helps.

Not Easy, But Timely
In Chapter 13 bankruptcy, you can also get a needed second chance, and a timely one at that. Georgia itself has some scary numbers when it comes to foreclosures, especially in the Atlanta area. The good news is the economy is rebuilding, but if you want to keep your car, home, as well as other properties and assets, Chapter 13 bankruptcy can literally buy you the time needed to pay off debts. Also, other debts you have are not always paid in full, so you save time and money.

An Atlanta Bankruptcy Lawyer Can Help
How do you get the ball rolling if you want to file Atlanta bankruptcy? You need a lawyer. Contact 5-10 and ask for a free consultation. The prices will vary, but focus on availability and experience more than price. You want one capable of helping, but of course not out of your price range.

Bankruptcy is worth it. It may not be in the cards for you, but you won’t know until you start crunching the numbers with an experienced lawyer. Bankruptcy may be the best possible decision you can make.

Filed under: Bankruptcy Information — Tags: , , , , — jmalewitz @ 9:29 pm

Why File Atlanta Personal Bankruptcy? And How To Get Help

Personal bankruptcy for Atlanta residents has clear advantages over its alternatives. Maybe bankruptcy sounds like you’re throwing everything away. However, few lose anything in bankruptcy in terms of assets, most can be free of tens of thousands in debt, and many can stop foreclosures on Atlanta homes.

Hiring a Lawyer
You will need to consult with an Atlanta bankruptcy lawyer immediately. Just as no two people are alike, no two bankruptcies are alike. You can read all the blogs and articles possible, but still lack the ability to prove why you deserve bankruptcy, how the laws work, how best to discharge the most debt, and what happens if you’re not eligible. An experienced Atlanta personal bankruptcy lawyer saves you valuable time and helps you clear debts and keep assets.

Filing Individual or Joint Bankruptcy
Individual bankruptcy and joint bankruptcy are different in that if you’re married, it can be advantageous to file together. If you are not married, it doesn’t matter. However, if you and your spouse owe debts, filing together can protect you from collections, stop creditor harassment, and give you a fresh start. Joint bankruptcy can also save you money in filing fees and in hiring a lawyer, and protect your spouse from collections if only you file. In some cases, individual bankruptcy is preferred even if you are married, but you should consult with your lawyer.

Are you eligible?
For Atlanta bankruptcy filers, you are eligible based on the median income for all Georgia residents. This is in terms of Chapter 7 bankruptcy eligibility. If you make more than the following numbers, you have to file under Chapter 13.

Family Size 1: Annual Income $40,691
Family Size 2: Annual Income $55,258
Family Size 3: Annual Income $61, 104
Family Size 4: Annual income $68,502

Chapter 13 eligibility is the same for all Atlanta residents as it is for the entire country. Secured debt, debts like your home and car, cannot exceed $1,010,650. Unsecured debts, such as credit and medical debt, cannot be more than $336,900. In the majority of cases, you are eligible for at least one form of Atlanta bankruptcy.

Chapter 7 Advantages for Credit Card, Medical, and Mortgage Debt
Chapter 7 bankruptcy is the prime solution when it comes to handling debts you simply cannot afford. Say you have $100,000 in medical debt; you went to the hospital with no coverage and were charged for several weeks of time; in this case, Chapter 7 can truly save you from having to pay this immense debt.

Chapter 13 Advantages – Foreclosure and Beyond
Atlanta and Georgia in general have been hit hard by home foreclosures.  Chapter 13 bankruptcy can stop this. An experienced lawyer can help you successfully file, save you from losing your home to foreclosure as well as stop collections on your car among other valuable assets, and give you the time to pay back these debts.

Filed under: Bankruptcy Information — Tags: , , , , , — jmalewitz @ 3:02 pm

Your Right to File Chapter 13 Bankruptcy

Just as with Chapter 7 bankruptcy, when considering whether or not to file Georgia Chapter 13 bankruptcy, you need to be aware of your rights. Most all Georgia residents have the right to file Chapter 13, unlike Chapter 7. When can’t you? How do these rights help you? What if you can’t afford Chapter 13? This blog guide can help.

Your Rights
Unless you owe too much money, there are no limits on whether or not you can file Chapter 13 bankruptcy. The only point to be aware of is when your actual debts are in the hundreds of thousands or more. Your rights include the ability to file, to stop creditor harassment, to halt collection efforts, to avoid foreclosure, to stop repossession of other assets, and avoid lawsuits based on money you owe.

Eligibility
If you have $336,900 or more in unsecured debt, or if you have $1,010,650 or more in secured debt, then you are not eligible to file for Chapter 13 bankruptcy. In these cases, you need to speak with a lawyer. These numbers are the same under federal law for all Georgia residents and U.S. citizens.

How does Chapter 13 help?
Georgia has been hit hard by foreclosures and repossessions. Common problems include loss of jobs, high medical debt, and credit card debt. In many cases, Chapter 7 can help you more. If you have a low income job or no job at all, and your debts are in the tens of thousands, you likely should file Chapter 7.  This is because you probably cannot afford a Chapter 13 repayment plan.

On the other hand, if you make too much money you may not be eligible for Georgia Chapter 7. And there are many times when a Chapter 13 bankruptcy is best. This includes times when you do make enough money, you’re in danger of losing your home to foreclosure or car to repossession, or if you have debts you can’t discharge. You can’t discharge all debts with Chapter 7; if you have tax, alimony, and child support debt, you can’t discharge these. Because you can pay on any debts with Chapter 13, and because it can effectively stop a foreclosure before it begins, many Georgia residents consider this their best option.

How does it work?
You should first hire an experienced bankruptcy attorney. Unless you’re an experienced lawyer yourself, there are rarely times when you can handle the complexity of a Chapter 13 bankruptcy. Once you hire a lawyer, you’ll be filing with a local Georgia bankruptcy court. This is where you begin. Along with the petition, you’ll be showing proof of income, assets you have, and debts you owe. You will then pay the court fee of $274, the same everywhere for filing Chapter 13, and the process will begin. A judge can put an “automatic stay” on your case, which will at the least delay foreclosure if not stop it entirely, as well as stop collections against you, including any repossessions. This buys you time to save your home, car, and other assets.

By filing Chapter 13, you are agreeing to pay some if not all your debts over a manageable period, typically 3-5 years. Unlike other debt repayment plans, these will be overseen by the court.

While this process does take longer than a Chapter 7 bankruptcy, it can help you manage more debts and save your home. It’s your right to file Chapter 13 bankruptcy. If you are ready to begin, or have more questions, contact an experienced Georgia bankruptcy lawyer.

Filed under: Bankruptcy Information — Tags: , , , , , , — jmalewitz @ 2:37 pm


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