I Have $100,000 in Medical Bills, Should I File Bankruptcy?

Medical bills are one of the three most common reasons people file for personal bankruptcy. In fact, medical bills are the most common financial reason a person files either Chapter 7 or Chapter 13. Berry & Associates has help thousands of Georgia residents with high medical debt either eliminate or create a repayment plan as a result of high medical bills.

Question: I Have $100,000 in Medical Bills, Should I File Bankruptcy?

Answer: Perhaps. It depends on a few criteria. First, do you have assets worth protecting such as a home or other personal property items of value? If yes, then a straight bankruptcy, also known as a Chapter 7 bankruptcy is not going to be a preferred option. Instead a Chapter 13 bankruptcy, also known as a “repayment plan” is an option worth exploring between you and your lawyer (Read What is a Bankruptcy Repayment Plan?). A Chapter 13 repayment plan is a good option if you have the means of paying back the $100,000 medical bill debt over the course of 3-5 years. If you do not have the means to repay the debt, then a Chapter 7, or straight bankruptcy is a good potential option.

 To summarize, if you are considering your personal bankruptcy options for handling your medical bills, there are two options.

  1. Chapter 7 (straight bankruptcy)
  2. Chapter 13 (repayment plan)

A bankruptcy lawyer is going to be an excellent advocate as to which option, if either, is appropriate for your situation. Deciding to file is not easy, which is why you need to consider how filing for bankruptcy helps you with your short term financial situation and consider the affect it is going to have on your long term financial situation as well. For many with a $100,000 medical debt and no short term method of repayment, having either a straight bankruptcy or Chapter 13 repayment plan can be a means to eliminate debt. Of course the same could apply with lower medical debt amounts, such as $50,000 or higher medical debt amounts such as $250,000.

 - Related: Read High Medical Debts are Forcing Me Into Bankruptcy
 - Related: Read What Breast Cancer Bankruptcy Options Exist for Medical Debt?
 - Related: Read How a Bankruptcy Lawyer can Help with Breast Cancer Debt

Contact Berry & Associates About High Medical Bill Debt:

Have high debt from medical bills? Think bankruptcy is a good option for you? Contact Berry & Associates to review your options. With 10 metro Atlanta locations available, there is a Berry & Associates office near you. We specialize in Chapter 7 and Chapter 13 personal bankruptcy cases.


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.


Fulton County Leads June 2011 Georgia Foreclosures

Earlier this month RealtyTrac announced that Georgia was 6th in US foreclosures for June 2011. This data is dramatic with the Atlanta area leading the state of Georgia in foreclosure actions. Fulton County had 1,235 foreclosure actions in June 2011. This impacted that 1 out of every 360 homes. Fulton County primarily covers the city of Atlanta.

While the Fulton County numbers are high, residents of other counties are also being severely impacted by tough economic times. For example, Clayton County had 437 actions in June, but unlike Fulton where 1 out of every 360 homes were impacted, Clayton saw foreclosure actions in the county affect 1 out of every 246 homes. To the north of Atlanta, Cherokee County proportionally was much better, seeing 1 out of 287 homes affected.

Thousands of Homes in Metro Atlanta:

Other than Fulton County, other heavily populated counties in Georgia saw high foreclosure actions in June. While Fulton saw 1,235 foreclosure actions, DeKalb County saw 936 and Cobb County saw 763. One of the most heavily impacted counties was Gwinnett County with 1,129 foreclosure actions or 1 out of every 256 homes.

Foreclosure & Bankruptcy Considerations:

Declaring bankruptcy is an option many people facing foreclosure consider. Any bankruptcy lawyer will likely agree that simply declaring bankruptcy will not prevent a foreclosure by itself. Other actions and filings often are required to help provide maximum potential that you home will not be lost. If you have questions about how bankruptcy can affect your home and a potential foreclosure, contact a local Berry & Associates office and request a free consultation.

Quick Links – Finding a Local Berry & Associates Office

Below is a list of our bankruptcy offices in Fulton, Gwinnett, Cobb and Clayton.

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

Gwinnett County Berry & Associates Duluth Bankruptcy Lawyer
3235 Satellite Blvd.
Building 400, Suite 300
Duluth, GA 30096
Tel: (404) 425-5181

Cobb County Berry & Associates: Kennesaw Bankruptcy Lawyer
125 Townpark Dr.
Suite 500
Kennesaw, GA 30144
Tel: (404) 425-5184

Clayton County Berry & Associates Jonesboro Bankruptcy Lawyer
7183 Jonesboro Rd.
Suite 100
Morrow, GA 30260
Tel: (404) 425-5183


Common Reasons Why People File for Bankruptcy

Looking at your bills and your finances you might be asking yourself, “How did I get here?” You are not alone. Each year thousands of residents file for bankruptcy in Georgia. While there are many reasons that might cause a person to file for bankruptcy, below are some of the most common.

  • High Medical Expenses
  • Rise of Unemployment
  • Stop Creditors from Calling / Harassing

High Medical Expenses: Overcoming high medical expenses can be difficult, sometimes not possible. Based on a survey which was conducted in 2007, almost 78% of those who filed bankruptcy were at least in part due to illness and the expenses which came from it. Medical expenses are a large majority, but that’s not the only reason why people need to file for bankruptcy protection.

Rise of Unemployment: Especially during the last couple of years with the recession, filing due to unemployment has been on the rise. A family in the Atlanta metro area can live comfortably on two, or maybe even one salary. They can take on regular amount of debts, join clubs, and pay normal bills with relative ease. All of a sudden one or both spouses lose a job for any reason, and a family must go from possibly two salaries to one. Those debts that the family took on when they had two salaries coming in are still due, even though the money is not there to pay the bill each month. For those that are in a single income household, the burden is much greater.

Stop Creditors from Calling / Harassing: Another reason why people file is due to stopping harassment from creditors. Some creditors go to extreme actions in attempting to collect a debt. Too often, creditors will persistently call the home of a particular debtor with demeaning and abusive behavior. The action from the creditor can escalate quickly and can even rise to the level of being unlawful. By teaming up with an Atlanta bankruptcy lawyer from Berry & Associates, we can work together in having holds placed on the demands of the creditors, and stop the harassing phone calls and stop the scare attics.

Filed under: Bankruptcy Information — Tags: , — admin @ 7:38 am

How to File Atlanta Chapter 7 Personal Bankruptcy

Why file Chapter 7 bankruptcy? It’s a question not asked enough, in times where Atlanta residents have some of the highest rates of unemployment and foreclosure in the nation. If you are unsure how to file Atlanta Chapter 7 bankruptcy, this blog how-to can help.

What is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is a liquidation proceeding where debts are eliminated. You are eliminating debt, not paying on it, and can eliminate most any debt. If you owe medical, credit card, or other unsecured debts, Chapter 7 bankruptcy is a good option. You may owe too much money on your home, a secured debt, and recently lost your job. If you have no means of paying it, you have means beyond bankruptcy, but you can file to eliminate the debt. Chapter 13 bankruptcy, on the other hand, is a debt repayment plan, which, as it sounds, involves you paying on debts over a long period. So you stand to save more money with a Chapter 7 bankruptcy, but you may get more time and save more assets with a  Chapter 13 filing.

What Should You Do Before You File?
Before you file, you should first hire an experienced Atlanta bankruptcy lawyer. You should then make sure you have the most possible debt. That may sound odd, but you want to file at a time where it will have the most affect on your debts, so you may wait a few weeks for that next medical or credit card bill to come in. You should not run up your credit cards knowing they will be discharged, as this is illegal. Also before you file you might consider Chapter 13 bankruptcy. If you have some income, a Chapter 13 filing can help you protect your home from foreclosure, along with keeping other assets.

How Do You File?

For Atlanta Chapter 7 bankruptcy, you start by filing a petition with the Georgia Bankruptcy Court. You then show proof of eligibility, what debts you owe, what assets you have, what income you have, what expenses you have, your previous tax return, and some other documents.

Who Can Help?
Hire an experienced Atlanta bankruptcy lawyer if you’re going to file for Chapter 7 bankruptcy. It’s a smart choice. There are so many mistakes you can make without the guidance of an experienced lawyer. You may not list all your assets. You may not list all your debts. You may hide things without knowing it. You may delay your filing because of these mistakes. Yes, an Atlanta lawyer will cost some money, but it’s money well spent. To find a good lawyer, you can look online, such as at the Georgia State Bar, found at Gabar.org.


When to File Chapter 13 Bankruptcy in Atlanta

Atlanta residents are in an area hit by one of the toughest recessions in recent memory. More Georgia homes are going into foreclosure than most other states – at about 1 in every 250 homes every month. These numbers can be scary, but you do have options, namely to file bankruptcy or to sell your home. Which option is better? It depends. This guide can help you decide when to file Chapter 13 bankruptcy as an Atlanta resident.

When to File Chapter 7

Chapter 7 bankruptcy is an option on the table, but it may not be the best for you. It depends on whether you truly want to save your home or or. It also depends on what you make and what you owe. Chapter 7 discharges your debt almost completely, at the cost of certain assets. You might lose your home or car, for example. If you continue paying outside the bankruptcy on certain possessions – called affirming the debt – you may keep them. If you have no income, owe a lot, and simply have no way of avoiding foreclosure, you may consider starting over and clearing the slate with a Chapter 7 filing.

When To File Chapter 13
Chapter 13 bankruptcy can be much better when you have an income and your home is in danger of foreclosure. Technically you can protect your home by filing Chapter 13. If you have enough of an income to continue paying on debts, you can protect all your assets here. You set up a debt repayment plan to pay back your monies owed over 3-5 years, stopping all collections, including any foreclosure, against you. If you file on time, you can save your home. If you have a job, this is a good option. If you have the income to continue paying off debts, and have a home, it can save you financially.

How Chapter 13 Bankruptcy Works
Chapter 13 bankruptcy is debt repayment plan, where you buy time to pay on certain debts and protect your property. It is not a magic pill; there are rules. You must have an income. You must pay on what you want to keep. And you must continue paying for several years. It costs you more money than Chapter 7, but you stand to save more assets.

How Georgia Foreclosure Works
If you file Chapter 13 bankruptcy prior to the foreclosure process beginning, you can save your home. If you wait too long, they may still be able to take your home. The secret is to file before the foreclosure papers are filed. So when you know you are not going to be able to pay, it’s time to consider filing bankruptcy.

Who Can Help?
If you’re unsure how to protect your Atlanta home from foreclosure, that’s okay. You simply need to consult with an experienced bankruptcy lawyer. It’s his or her job to help you understand how this process works, how you can protect your home, how you can protect other assets, what rules you have to follow, and how you can move on.


When to File Chapter 7 Bankruptcy in Atlanta

Filing Chapter 7 bankruptcy has both advantages and downsides. The main advantage is in saving money. The main downside is that you may lose some property or assets. Georgia bankruptcy law can be complex, but for Atlanta residents, in a city and state where unemployment is higher than the national average, Chapter 7 is an option on the table. This blog guide will explain when you should start considering filing Atlanta Chapter 7 bankruptcy.

Chapter 7 to Cancel Credit Card Debt
While credit card debt is not the #1 cause of bankruptcy, it is a big one. Some of us are forced to use credit cards after losing our jobs. Others have poor spending habits. Some are trying to avoid losing everything. Credit card debt can be discharged in a matter of months with Chapter 7 bankruptcy. If you owe more than you can pay off in 3-5 years time, you may consider it. If you owe more than you make in an entire year, and you should be able to protect your property, you may should also consider it.

Chapter 7 to Discharge Medical Debt
Medical debt is the leading cause of bankruptcy nationwide. As noted, Georgia has some of the highest unemployment in the country, at over 10% by last count. Atlanta itself, as we all know, has thousands out of work and thousands more without medical coverage. If you have no medical coverage, get hurt, and have to go to the hospital, in a matter of days you can get a bill worth more than you make in a year. You might get a $50,000 bill for a bad infection, or a $100,000 bill for an injury to your child. Whatever the case, this is a time to consider Chapter 7 bankruptcy. It can discharge the debt in a matter of months.

Why not Chapter 13?
Chapter 7 bankruptcy is a liquidation: you discharge debt at some cost, because some of your assets can be taken to pay off the debt. Chapter 13 bankruptcy is debt repayment plan: you are paying off your debts, not eliminating them, and likely protecting your property. The problem here is if you have an impossible debt it’s pointless to file Chapter 13 bankruptcy. If you have no income, there is no point. On the other hand, if you own a home and have a job, but have fallen behind in bills, you may consider it.

When Not to File
If you are facing foreclosure, Chapter 7 bankruptcy may not be your best option. Atlanta foreclosure rates are quite high. In comparison to other states, Georgia has some of the highest foreclosure rates in the country. If you have an income, you may want to protect your home. Or if you owe a small amount, something you can pay off in a year or less, Chapter 7 may not be your best option.

Get Legal Help
No matter what, file Chapter 7 bankruptcy with the help of an Atlanta lawyer. There are thousands of capable Georgia bankruptcy lawyers. You can find them at the GaBar.org, the State Bar of Georgia, and on sites and blogs like this one.


The Many Reasons to File Chapter 7 Bankruptcy in Georgia

There many reasons not to file bankruptcy, if you listen to some credit counseling and debt management agencies. There are in fact many more reasons to file. In the first place, credit counseling agencies do nothing you really cannot do yourself, and some charge excessive fees. Few people who consult with credit counseling continue with it. Why? One session can either teach you all you need to know, or lead you away from more useful debt solutions.

The problem with credit counseling agencies is simple: they often warn you of bankruptcy. Well, there are many, many reasons to file bankruptcy in Georgia, a state with unemployment rates higher than the national average as well as 1 in 250 homes going into foreclosure every month. Chapter 7 bankruptcy, specifically, can literally change your life. How so?

Bankruptcy Saves You Money
This may seem quite obvious – of course bankruptcy saves you money! – but many overlook bankruptcy, thinking it’s not an option. You pay $299 to file Chapter 7 bankruptcy. You should hire a lawyer, but even then you are paying a low fee for help which can save you tens of thousands of dollars.

Bankruptcy Gives You New Chances with Money

If you in over your head with debts, you may wonder what to do. Even if you have a good job, if your debts are such that you cannot pay them off in 3 years, consider Chapter 7 bankruptcy. The point here is, it may be easier on your credit to discharge the debt and start fresh. While it may sound odd, if you owe a $20,000 medical bill, a bank lender may have more concerns about loaning you money; if you owe little to nothing, you may have a better chance of getting a loan. Bankruptcy does not help your credit, but neither does it ruin it.

Bankruptcy Allows You to Discharge Impossible Debts
If you owe a $100,000 medical bill, for example, and make $40,000 a year, you have an impossible debt. It’s more than you might make in two years. As noted, if you cannot pay something off in a reasonable amount of time on your own, if it will hamper your life greatly, you may consider Chapter 7 bankruptcy. You can only file every six years, but if you do it right you won’t have to file again.

Chapter 7 Bankruptcy is Cheap
And if you pay a lawyer $1,000 and pay the $299 filing fee $1,299 to discharge that $100,000 medical bill, or whatever it is, it’s more than worth it.

Chapter 7 Bankruptcy Gives You a Fresh Start

Finally, bankruptcy is a second chance at a new life. It will not solve all your problems, you will have to change some things, and you won’t end up rich, but you can get a fresh start with money. Maybe that’s enough.


Georgia Bankruptcy Tips: Save Money and Your Home

Bankruptcy is one of the biggest financial decisions you will make in your life. Therefore, spend time studying it, make sure you follow all laws, and hire an effective bankruptcy lawyer for help. This guide gives some essential tips on saving money throughout the process, while also giving help to home owners facing foreclosure.

How much will it cost?
If you want to save money, filing bankruptcy may seem like a no-brainer. Well, it’s not always your best option. You may be able to pay off debts on your own. You may be able to negotiate with creditors without a bankruptcy. And if you’re not eligible, you may have to find other solutions.

On the other hand, Chapter 7 bankruptcy can discharge tens of thousands in debt. It costs only $299 to file. Chapter 13 bankruptcy can save you the money invested in your home, while also buying you time to pay on other debts. You pay online $274 to file Chapter 13. That is a low price to pay for a second chance financially. You should also consider hiring a lawyer. A good lawyer will cost from $1,000 to $2,000.

Will you lose your home in bankruptcy?
Not necessarily; you can save your home with bankruptcy. Georgia bankruptcy allows for you to protect your home; the key is to have the right strategy. You might file Chapter 13 bankruptcy to stop a foreclosure before it begins. You might file Chapter 7 bankruptcy and pay on your home outside the bankruptcy. If you simply cannot afford your home, you might be able to use a short sale to lose the debt. If you want to discharge the debt instead, you can do so with Chapter 7.

What are your options?
You have Chapter 7 bankruptcy, perhaps the best way to save money, and Chapter 13, likely your best option for avoiding a foreclosure. If you make too much money, you may not be eligible for Chapter 7 (it’s based on the average Georgia income). If you owe too much – though this is rare – you may be ineligible for Chapter 13. You usually have the option of Chapter 7 or Chapter 13.

Why hire a lawyer?
Should you always hire a bankruptcy lawyer in order to file? About 99% of the time you should consider hiring a lawyer. A lawyer saves you money: it’s his or her job to ensure you discharge the most debt, and also avoid wage garnishments. A lawyer protects your possessions: it’s his or her job to help you avoid foreclosure and to keep other assets like your car too. Perhaps the most value a lawyer gives is in giving you a second chance.

Bankruptcy is not always your best option, but it’s often much better than the alternatives. Instead of paying on debts you simply cannot afford, file for help. Instead of using debt consolidation, protect your assets and your income by filing. Instead of selling your home, protect your dream with a Chapter 13 bankruptcy.


Tips On Chapter 7 Bankruptcy for Atlanta Area Residents

Filing bankruptcy is perhaps the greatest financial decision you can make. It can have life changing affects – and for the better. And though many file bankruptcy for the right reasons, there are some times when you need not file bankruptcy.

When Not to File
If you owe small amounts, why not file and be done with the debt? Bankruptcy is a serious move, and you can only file so often. If you file Chapter 7 to lose the $2,000 credit card debt, you won’t be able to file again Chapter 7 again for 8 years. A lot can happen in 8 years time; you may get a $50,000 debt you can’t pay, but won’t have the ability to file. Also, bankruptcy does affect your credit scores. Though it can be rebuild – and filing is more than worth it if you have huge debts – filing for minor debts may make it difficult to get new loans.

One other mistake filers make is using Chapter 7 bankruptcy to get creditors off their back. If that sounds like you – if the phone is ringing off the hook – consider that you have other options to avoid creditor harassment. You can write a letter to the creditor, “I want no more contact from you regarding this debt, etc,” and be done with the harassment.

Protect Your Rights

You have a right to file bankruptcy – usually. If you make too much money, if you’re over the Georgia median income, you may have to file Chapter 13. However, you almost always have a right to bankruptcy, to protect your assets, to be free of debts, and to get legal counsel. To protect these rights, get the right lawyer.

File Correctly
If you have a lot of assets you want to keep, list them in your bankruptcy. If you want to discharge a debt, list it in the bankruptcy. If you want to pay on certain debts outside the bankruptcy – to the trustee – this is legal and allowed. You might, for example, not want to discharge your mortgage.

File for Effect
Filing bankruptcy is all about timing. For Atlanta residents, unemployment rates are high, many homes are going into foreclosure every month, and many of us lack medical coverage. There are no secret solutions here, but with a bankruptcy, you can do things like protect your income, protect your home, and protect your finances by discharging a huge medical debt. By “filing for effect” you are timing your bankruptcy at a point where you can discharge the most debt and protect your income and assets. For example, you might wait until you get the huge medical bill before you file. You might wait until you credit card bill comes, or the interest rate increases. You may also file before your home goes into foreclosure, giving you many more options.

Be Frugal
If you’re going through a bankruptcy, your income may get tight. Find ways to keep up on bills, cut down on expenses such as eating out and buying lattes, perhaps sell certain assets worth a lot of money. You need not be frugal every day the rest of your life, but as noted, you can only file so often.

Get a Lawyer
You have a right to file bankruptcy, but perhaps the best person to protect these rights is a professional lawyer. For Atlanta residents, you have numerous options for lawyers. But you should hire a lawyer who specializes in Georgia bankruptcy, not a “do-it-all” kind of lawyer. A specialist will be far more effective. He or she will know all the laws involved, and can answer the many questions you likely have.




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