6 Myths About Professional Bankruptcy Lawyers

The bad news is that bankruptcy and foreclosure are still on the rise in Georgia. The good news is you still have many options, no matter how bad you are in debt or how close you are to foreclosure. The problem many have is spending more than they can afford in the first place. Because of price and experience differences, many myths abound about bankruptcy lawyers. This guide tries to explain both sides.

They Overcharge

As with any myth, there is some basis for truth. It’s a fact that some lawyers do overcharge. Some lawyers, on the other hand, charge much less than their experience merits. Bankruptcy law is not a service to make millions of dollars. It’s perhaps the lowest paying law field in terms of per client pay. Bankruptcy lawyers rarely expect to make more than $1,000 to $2,000 off a client who already lacks money. Where a DUI lawyer may cost you tens of thousands and a personal injury lawyer far more, many good Georgia bankruptcy lawyers charge minimum fees.

The Lawyer Has No Time

This has some basis for truth to. If you hire the lowest priced lawyer, he or she is likely making money by taking on dozens of clients at a time. However, experienced Georgia bankruptcy lawyers who charge more often put much more effort into ensuring your bankruptcy succeeds.

Bankruptcy Is Easy

Bankruptcy law is not an easy field. It has changed much in recent years with so many more bankruptcies being filed, especially in Georgia. True, it’s easier to represent a bankruptcy client than a murder suspect, but it still requires education, in court experience, and knowledge of the law.

Experience Does Not Matter
Experience does matter. There is really no basis for truth here, as experience always matters. The more complex your bankruptcy case is, the harder it will be for your lawyer. A lawyer with 10 to 20 years bankruptcy experience in Georgia will know far more than a lawyer with less time in and out of court rooms. You sometime pay more for experience, but just like you want your doctor to be professional and experienced, so too do you want a knowledgeable bankruptcy lawyer.

You Need No Guidance

You can do it yourself, right? Or can you consult with some financial experts and discharge your debts? This depends on how big your debts are, how much you stand to lose, and your income. You always need guidance from a lawyer when filing bankruptcy unless you’re a bankruptcy lawyer. If you fill out documentation wrong, it can cost you time. If you break laws knowingly, you can be charged with a  crime. If you are in danger of losing your home to foreclosure, time is critical.

Bankruptcy Solves All Problems
Finally, we went over many common myths on professional bankruptcy lawyers. But now it’s time for a reality check. Filing bankruptcy in Georgia will not solve all your problems. It’s not always in your best interest. And a lawyer can only do so much.

Bankruptcy is an option for many.  Some use it to protect homes and cars, others wages, still more to discharge debts that would cripple their families. The advantages are many, but remember to consult with an expert.


Common Fears on Chapter 7 Bankruptcy for Georgia Residents

We on Georgia Debt Law hear many stories of Georgia residents and families getting much needed help from filing Chapter 7 bankruptcy. We also listen, and by listening we hear some very common fears related to specifically filing Chapter 7 bankruptcy. You might have heard some too. “The government will take all my stuff … I won’t be able to get a credit card for 10 years … I won’t be able to buy a home ever again …” and so on. This guide is an answer. It goes over some very common fears specifically related to filing Georgia Chapter 7 bankruptcy.

Your Credit Will Be Ruined
Your credit will not be ruined. Bankruptcy is a very common financial action. For Chapter 7 bankruptcy, yes, you are voiding many of your debts. Understandably this will affect your credit. A Chapter 7 filing shows up on your credit for 10 years. However, this does not ruin your credit. Georgia Debt Law goes over many ways you can rebuild your credit by taking some simple steps.

Everyone Will Know
You may be in some ways ashamed at having to file for bankruptcy, maybe even for Chapter 7. And then you may fear that everyone else will know. First, bankruptcy is filed by over 1 million individuals every year. That’s a lot of people. Second, you can only find out about a bankruptcy by going through court records. So yes, some credit companies, if they look, will know you filed bankruptcy. But not everyone will know you filed.

You’ll Lose Your Home

There is some basis for fact in this fear. The general point of filing Chapter 7 bankruptcy is to discharge debt; you have less protection for assets than you might have in a Chapter 13. Still, few lose anything when they file bankruptcy, especially their homes. If you plan it correctly, you can keep your home. If you are in danger of losing it, you have legal rights. You can’t just be thrown out of your home a day after filing bankruptcy. If you cannot pay on it, the automatic stay will protect you for several months from foreclosure and utility shutoff. If you can pay on it in some way, you can keep it.

New Bankruptcy Code Makes it Impossible to File

Yes, the changes to bankruptcy code in 2005 make it harder for some to file, mainly Chapter 7. The new code does not make it impossible for individuals or families to file. If you make more than the Georgia median income, which is 40,456 for one individual and goes up after that for couples and families, you are not eligible. Most are then eligible for Chapter 13.

Lawyers Will Take All Your Money
The idea that lawyers are inherently greedy is a common myth. Of course, not everyone believes it, but it has some reasons. Lawyers are not cheap. In bankruptcy, you are not being defended for a criminal act. You have debt. It’s important, but not a life and death situation. Therefore, lawyers charge some of the lowest legal rates in bankruptcy cases, even some very good ones. You are not filing because you have tens of thousands of dollars. A lawyer can charge you from $1,000 to $2,000 for a successful Chapter 7 bankruptcy discharge.

If you have some questions, contact an experienced Georgia lawyer today. He or she can relieve some of your concerns too.




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