Your Georgia Bankruptcy and Foreclosure Options

If you are facing immense debt or a foreclosure of your home, you may wonder what your options are. You have far more than you might think. You should always consult with an experienced Georgia bankruptcy attorney prior to making any big decisions. This blog guide explains some of the options you have and decisions you’ll need to make.

Your Chapter 7 Option
All bankruptcy discharges debt, just in different ways. Chapter 7 sells off some of your assets in order to pay back debts. You typically lose little, but save a lot of money. If you have a $50,000 medical debt, or a $100,000 credit card debt, or a mortgage you cannot afford after being laid off, you do have options. You can file Chapter 7 bankruptcy to discharge these debts. You may be wondering what you’ll lose. Few bankruptcy filers who follow all the rules lose many assets when it comes to Chapter 7 bankruptcy. Technically your home, car, and other valuables can be taken, but this is a rare and there are ways to protect them. You might discharge other debts and continue paying on your mortgage, for example.

Your Chapter 13 Option
Chapter 13 bankruptcy also discharges debt, but it’s debt you are paying back. You are not eliminating this debt like you are in Chapter 7 bankruptcy nor selling off assets; you are paying it off and not selling anything. If you have an income, Chapter 13 bankruptcy can be a smart option. You stand to protect your home from foreclosure, your car from repossession, your wages from garnishment, and having other valuables taken from you. In Georgia, where foreclosures are a major problem, Chapter 13 bankruptcy can buy you time to pay off your debts and keep your home.

Your Foreclosure Options
Where in some states homes are being foreclosed on at 1 in 800 per month, in Georgia the number is closer to 1 in 250. So every month 1 in 250 homes are being foreclosed on. How can you avoid this? We went over one of your options: to file Chapter 13 bankruptcy. If you file before the foreclosure process is started, the judge will put an automatic stay on all your debts – and this stops collections against you and a foreclosure. If you wait too long, you may still lose the home. You have another option involving Chapter 7 bankruptcy. You might discharge certain debts but continue paying – called affirming the debt – on your mortgage. This way you can both save money and keep your home.

Your Lawyer Options
You have far more options than this, but let’s close with your options in hiring an experienced Georgia bankruptcy lawyer. You can look online, such  as at the Georgia State Bar, found at GABar.com, where you can find many experienced bankruptcy lawyers. You want someone local. You want someone you can afford. And you want someone you can communicate well with. Bankruptcy can take some time. If you hire a lawyer you do not like working with, you can also fire him or her and hire another.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , , , — jmalewitz @ 3:25 pm

Can You Be Denied a Bankruptcy?

You may be able to get a fresh start with bankruptcy, but what occurs if you are denied? Can you be denied? Yes, your bankruptcy can be denied for various reasons. Usually if you know you are eligible, follow all rules, and use an experienced bankruptcy attorney, your bankruptcy will not be denied. On the other hand, if you break some rules, if you try to hide money for example, there is a great chance of being denied. This guide goes over the ways you can be denied a bankruptcy filing.

First, let’s explain generally the most common reasons for a bankruptcy denial.

-Credit counseling is required before filing, so if you don’t you can be denied.
-You need not make things up; if you lie on forms you can easily be denied.
-You also should not try to hide property; write down any asset you want to keep.
-You do have to pay the $299 fee for Chapter 7 or $274 for Chapter 13, so failing to pay results in a denial.
-The 341 meeting, also called the meeting of creditors, is a requirement. If you fail to show up, you will be denied bankruptcy.
-Finally, if you are filing Chapter 13 bankruptcy, and fail to keep up with your repayment plan, it can lead to your filing being denied.

Credit Counseling Requirement
180 days prior to filing Chapter 7 or Chapter 13 bankruptcy, you must go through credit counseling. It should not be a difficult process.

Don’t Lie
By lying on bankruptcy forms, you are committing bankruptcy fraud. While you may want to hide certain monies or income, you need to be honest if you want help. Lying does not help your situation.

Property
You also commit bankruptcy fraud if you try to hide property. This is public record, and you are quite often found out. In general, if you want to keep a property, much like if you want to discharge a debt, you list it in your bankruptcy. You risk problems if you don’t. While you may want to keep certain properties out of the equation, it’s important to be honest here if you truly want help.

Paying Bankruptcy Fees
Well, this is an easy one, but by filing bankruptcy, you are admitting to some financial problems. It may be hard to pay bankruptcy fees, namely the filing fees for Chapter 7 and Chapter 13. If you can come up with the money, it quite often saves you 20-50 times the money or property you would stand to lose.

The Meeting of Creditors
The meeting of creditors is not a big deal: you will rarely have huge arguments. Creditors rarely even show up. But if you fail to make it, it can delay your bankruptcy if not stop it.

Keeping up with Chapter 13 Repayment Plan
Paying your debts may seem impossible, or protecting your property may not seem to be an option. If you file Chapter 13 bankruptcy, you stand to save a lot of money and assets. If you feel it will be too hard to keep the debt repayment plan going, you may reconsider sticking with it. On the other hand, if you get into it and can no longer afford to keep it up, you may consider other options.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 1:56 pm

Your Options and Your Rights in Chapter 13 Bankruptcy

Should you file Chapter 13 bankruptcy? Foreclosures are high in Georgia. We have unemployment over 10%. If your income has decreased and your struggling to pay a mortgage, you may think you’re out of options. Yet you have more options than you might think. And you have a right to file Chapter 13 bankruptcy in most situations. This blog guide will explain how your options, while also going over your rights.

Are you eligible?
Your secured debts cannot exceed $1,010,650, and your unsecured debts cannot be more than $336,900. So if you owe $15,000 in secured debts and $100,00 in unsecured debts, both quite high, you would still be eligible. Many who are not eligible for Chapter 7 bankruptcy are in fact eligible for Chapter 13 bankruptcy. Therefore, you usually have this option.

How much do you owe?
If you owe a lot of secured debts, and have the option of either Chapter 7 or Chapter 13, you may consider Chapter 13 over Chapter 7. If you owe more unsecured debts, monies owed on credit cards for example, you may be better off with Chapter 7.

What will you lose?
With Chapter 13 bankruptcy, you have the option of protecting your secured debts, such as monies owed on your mortgage and car. This is why Chapter 13 bankruptcy can be much better for you financially. If you have a job, a $200,000 home, and some debts you need help paying, you buy yourself 3-5 years time to pay back debts with Chapter 13 bankruptcy. If you can keep up with the repayment plan – which is very important – you can protect your assets and properties.

How much will it cost?
Chapter 13 bankruptcy only costs $299 to file, so you almost always can afford that minor fee, especially when you consider that you might protect a valuable home, the car you need to get to and from work, and the other valuable items you might have.

Your Legal Options
Should you hire a lawyer or forgo hiring a lawyer? It really makes no difference whether you file Chapter 7 or Chapter 13 bankruptcy: in both cases you should consider exercising your legal right to a lawyer. With a Chapter 13 bankruptcy, you can be done in 3-5 years, and pay a small fee to a lawyer to ensure you follow all laws, that creditors do not take your property or harass you, and that you can start fresh. Unless you are a bankruptcy lawyer, you should consider hiring an experienced Georgia lawyer.

Your Other Options
You have a right to file for help, but should you consider credit counseling or debt management plans instead? Rarely do these companies do you a great service, though when filing for bankruptcy you must go through an accredited credit counseling company. Credit counseling can sometimes be a help, but this does not eliminate your debts. And debt management companies, who offer to lower your payments, do no negotiating you cannot do yourself.

If you have a right to file bankruptcy, whether it’s Chapter 7 or Chapter 13, and you have some impossible debts or properties in danger of foreclosure, it’s time to consider speaking with a Georgia lawyer.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 8:14 pm

Educate Yourself On Georgia Bankruptcy Law

Know Your Rights
Perhaps foremost in filing for Georgia bankruptcy is knowing your right to bankruptcy. If you are a U.S. citizen, you have bankruptcy rights and protections. If you owe a lot of money, you often have the right to discharge it.

When can’t you file? It depends on how much you earn. If you make too much money, you may not be eligible for Chapter 7. On the other hand, if you owe too much – from hundreds of thousands to millions – you may not be eligible for Chapter 13. However, almost everyone has the opportunity to file one form of bankruptcy. You also can only file more than once. This is where it gets technical. If you are trying to file Chapter 7, you cannot have filed Chapter 7 within the past 8 years, or Chapter 13 within the past 6 years. If you filed Chapter 13, you cannot file a Chapter 7 bankruptcy until you wait 4 years, while you can file Chapter 13 again within 2 years.

Confused? This is why it’s smart to consult with a Georgia bankruptcy lawyer. Just understand you can only make so much and/or owe so much when you file, and that there are limits on how often you can file. The best decision you can make is to budget after your first bankruptcy – to avoid having to file a second time.

Follow Blogs
We just went over some of the basic guidelines for eligibility in both Chapter 7 and Chapter 13 bankruptcy. This is why blogs can be some valuable: you get information, especially local information. If you wanted to file bankruptcy in Georgia, you would not want to read a New York bankruptcy blog. The laws differ in each state, so follow a blog like Georgia Debt Law if you want to file here.

How can blogs help? Often you can get both basic information and unique tips. It can show you how experienced the law firm running the blog is, whom you can contact for further information.

Government Resources
For Georgia residents, you have the four Georgia Bankruptcy Courts, where basic form and information is given. This is a perfect way to get the basic forms, though if you want more info on filing, USCourts.gov is a valuable resource. The Georgia State Bar also has resources on bankruptcy, found out Gabar.org.

Ask Georgia Bankruptcy Lawyers
If you only want to file and get the bankruptcy over with, that’s understandable. An experienced Georgia bankruptcy lawyer can handle all the complexities of the case. However, you should consider taking an active role in learning how the process works. And you should be selective in what lawyer you hire. The more you read and educate yourself on bankruptcy, the easier it will be to see the difference between a lawyer specializing in Georgia bankruptcy and someone who lacks the knowledge to help you.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , , — jmalewitz @ 1:07 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

Chapter 7 and 13 Bankruptcy Question: Which Saves You More Money?

While filing bankruptcy is often about saving money, in many cases people file for the wrong reasons, with the wrong goals, and the outcome is sometimes second bankruptcy. You might even face foreclosure and creditor harassment all over again.

The answer? There are no secrets in this guide. Georgia Debt Law simply uses common sense to get results.  First, let’s go over Chapter 7 bankruptcy and then we’ll compare it to Chapter 13.

Chapter 7 bankruptcy eliminates your debts, and on paper, the discharge can be quite large. There are some rules which keep the size of your discharge down, but you can discharge tens of thousands of debt if not more by filing. Chapter 7 is the clear solution, as you can literally turn a debt into a memory.

Chapter 13 bankruptcy focuses on protecting your assets, property, and income rather than discharging debt. You pay some if not all your debt over a 3-5 year period, but you protect your home, car, and other assets.

Which saves you more money? It all depends on what you owe. Secured debts are monies owed like your home and car; if you can’t make payments, you stand to lose them. Unsecured debts, monies owed without collateral, include credit and medical bills. You can still lose assets or have your wages garnished with an unsecured debt.  If you have secured debts for assets you simply cannot stand to lose, Chapter 13 bankruptcy can save you the most money. If, on the other hand, you have a high amount of unsecured debts – say a high credit card bill – Chapter 7 can clearly save you the most money.

See how that works? You either protect valuable property with Chapter 13 or you discharge high debt with Chapter 7. That should help you make the choice between the two. If you have more assets, Chapter 13 may be best. But if your problem is a huge debt you have no way of paying, you can save tens of thousands with Chapter 7.

Sometimes choosing a form of bankruptcy can be difficult. You should never make such decisions without financial and legal counsel. If you have no way of paying back a debt in a 3-5 year period, or if you stand to lose a lot of assets, it’s time to consider bankruptcy and hiring a lawyer. Do not undervalue the importance of getting financial help either; bankruptcy isn’t your only option.

Where should you begin? You’ve taken a big step in reading this blog guide. Now it’s time to make some calls. There are many bankruptcy lawyers who offer free consultations and case reviews to explain how they can help, especially online. Be sure to consult with several, to compare both in court and out of court experience, and find one you can afford.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 11:55 am

Choosing Chapter 13 Bankruptcy Protection

Chapter 13 bankruptcy can not only protect your home but also buy you time on other debts. While the process has some disadvantages in comparison to Chapter 7 bankruptcy, choosing Chapter 13 is a very good move. This guide focuses on the best times to file for help, and how to benefit from your bankruptcy.

Your Right to Chapter 13 Bankruptcy
According to the legal resource NOLO, eligibility for Chapter 13 is based upon how much secured and unsecured debts you have. “Your secured debts cannot exceed $1,010,650, and your unsecured debts cannot be more than $336,90,” the site explains. Secured debts are debts for possessions, such as your home and car, where Chapter 13 bankruptcy is most effective. Unsecured debts are monies owed for items with no collateral, such as a credit card or medical bill. If your major problem is secured debts, and you want to keep your possession, Chapter 13 is best.

Your Chapter 7 Option
If on the other hand your problem is unsecured debts – for example, you owe $25,000 in credit card debt – then Chapter 7 may be your best option. You have a right to file Chapter 7 too, but this is based upon how much you make. It’s very possible to make too much money; if you make more than the Georgia median income as an individual or family, you will not be eligible.

Protecting Your Home
Chapter 13 bankruptcy protects your Georgia home when you are behind on payments and simply cannot keep up. If you have no way of getting current on your payments, Chapter 13 is smart. You can pay the back payments over the course of a debt repayment plan. In other words, if you’re falling behind, fear foreclosure, and want to keep your home, Chapter 13 can help by protecting your home.

Protecting Other Assets
Chapter 13 can also protect other major assets and help you catch up on other debts. Say you are a family of three, you and your spouse make $100,000 a year, but you cannot keep up with mortgage and car payments due to an unexpected medical or credit card bill. You cannot file Chapter 7 because you make too much money. In this case, Chapter 13 can buy your family time to pay on all your bills. Since you do have an income, you likely can reap the rewards of bankruptcy.

Finding Experienced Georgia Chapter 13 Bankruptcy Help
There are many decisions to be made when it comes to Chapter 13 bankruptcy. First and foremost is hiring an experienced Georgia attorney. It’s his or her job to educate you on the laws, to protect your home and other assets, and to ensure you can properly fund the repayment plan. You can find many good bankruptcy attorneys in Georgia by looking online. Or you can get a free consultation from us.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 1:32 pm

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.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 2:44 pm

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.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 3:13 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


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