6 Points Beyond Price in Hiring Your Georgia Bankruptcy Lawyer

All too often we look for the rock bottom price when the better value is in fact going with a good product. In terms of bankruptcy law, especially in the state of Georgia, price is relative in terms of what  an experienced lawyer can do for you. Would you want to cut your fee for having an operation in half by choosing the cheaper doctor? It’s not nearly as drastic, but it makes the point that you pay for many things beyond filling out paperwork when it comes to bankruptcy. And what are you really paying for? Let’s find out.

Education
Your lawyer should have the education needed to not only handle your case but to successfully navigate the laws. Just as privates in the army know less than generals, some lawyers know more than others. You cannot always tell this by education; experience is important too. But education is where lawyers prove themselves in the beginning.

Experience
You pay for value when you hire a lawyer, and the best value you can get is with experience. Experience in and out of court saves you a lot of legal hassle, time, and money. If you are choosing between a Georgia bankruptcy lawyer with 1 year court experience and one with 10 years experience, is there really that big of a divide? Yes. Bankruptcy is a very complex process. You never stop learning as a lawyer. The more in court experience your lawyer has, the more cases where debts were successfully discharged and assets protected, the better. Since bankruptcy code changes constantly, especially in terms of eligibility, you need someone who can adapt, not someone learning on the job.

Availability
You can get a lawyer for low fees, then you’ll see why he or she charges so little: they spend a fraction of the time on your actual case, they take on a huge load so they can bring in the same pay. Time is very important. You want a lawyer capable of handling the time involved in filing paperwork, handling creditors, and helping you get a fresh start.

Communication
Good communicators in the legal world are invaluable. They can save you a lot of time and headaches. Let’s face it: some lawyers only care about the paycheck, not helping you. You likely will have many questions when it comes to Georgia bankruptcy. Will you be eligible for Chapter 7 or Chapter 13 bankruptcy? What debts can be discharged? How much will it cost? How long will it take? No two bankruptcies are exactly alike, making communication skills and friendliness important when hiring your lawyer.

Legal Guidance
Few who are not bankruptcy lawyers can file by themselves. You can technically file by yourself, but the legal guidance can be invaluable. You may not know of things like home exemptions or ways to stop wage garnishments. It’s your lawyer’s job to walk you through steps like these.

Saving Money
There are many more points beyond money when hiring a Georgia bankruptcy lawyer, but, oddly enough, how much they save you may be the biggest. You don’t file bankruptcy because you have a lot of money coming in; you file to save money. And if you can discharge $50,000 in a Chapter 7 bankruptcy or buy much needed time with a Chapter 13 bankruptcy, it’s more than worth it. A lawyer saves you money? Yes, the best ones do.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , — jmalewitz @ 3:05 pm

Before Your File Georgia Chapter 7 Bankruptcy, Read These Tips

Tens of thousands filed bankruptcy in Georgia in 2009, and thousands more are getting a second chance financially by filing in 2010. Filing bankruptcy in Georgia has many advantages, especially if you’re in over your head financially. The problem many have is a lack of income and benefits. Some have no jobs, others no insurance, still more are in over their heads with credit debt. These tips may sound familiar. If you’re ready to make a move, contact a lawyer. But you need to hire one who can truly help.

Hire the Right Lawyer
We go over the many reasons you need a lawyer quite often on Georgia Debt Law. Unfortunately, many forgo hiring a lawyer because of a lack of income. It’s understandable: maybe you have no job, maybe you just received a huge credit card or medical bill, and paying money to a lawyer is impossible.

However, we all have ways of getting some money. Legally, you can get loans from friends and family, sell certain exempt assets, sometimes even negotiate with the lawyer on a payment plan. A lawyer is so valuable because he or she can help you fill out all forms correctly, handle any creditor problems you may be having, help you keep your assets, and most importantly discharge the majority of your debt. It’s easy to say, “you have to hire a lawyer,” but in reality, you may not have the means. If this is the case discuss your options with some qualified lawyers. Just making the call is a big first step.

If You Have No Job
If you have no job, filing Chapter 7 bankruptcy is a no-brainer. You have no income to be taken. You can prove you cannot afford a Chapter 13 repayment plan. What happened was the Bankruptcy Code of 2005 made it more difficult to file Chapter 7 bankruptcy nationwide. If you make too much money, you may be forced to file Chapter 13 and fund a repayment plan. However, if you have no job, it’s almost a good thing. You can clearly prove you cannot pay off these debts.

If You Have No Other Income
Also, if you have no other income coming in, say from disability or through a retirement plan, you are likely eligible for Chapter 7. Even if you have some money coming in, you are quite often eligible for Chapter 7. In Georgia, it’s based on the median income. If you are above, you have to file Chapter 13. Most with no jobs and minor income are eligible.

The Best Reasons to File
Filing can stop creditor harassment, give you a financial second chance, save assets from being taken, save you tens of thousands of dollars in credit or medical debt, and all for the cost of a $299 court fee and some lawyer expenses.

Foreclosure and Georgia Chapter 7
Filing Chapter 7 in Georgia is not always your best option. If you do have some money coming in, Chapter 13 may be better. In fact, it can save your home from foreclosure. Why? If you file Chapter 13 before the foreclosure papers are filed, an “automatic stay” is put on all your debts and stops any foreclosure. You can then renegotiate.

Credit Card and Medical Debt
Before you file Georgia Chapter 7 bankruptcy, consider all your options. If you have immense credit and medical debt, you can be free of it. These are the best reasons to file. Chapter 7 bankruptcy is a solution for those struggling financially. If you have no insurance, paying off a $100,000 medical bill may be impossible. If you made some financial mistakes and are in debt for tens of thousands on your credit cards, you may be in a hole impossible to dig out of. In these instances, filing Chapter 7 bankruptcy in Georgia can give you a fresh start.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 1:52 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

Chapter 13 Bankruptcy Changes Made in 2005 Bankruptcy Code

The Bankruptcy Code of 2005 had some changes for filing Georgia Chapter 13. This blog post will show you some key changes made concerning your eligibility for bankruptcy, what counseling requirements you have, and more specifically how your repayment plan in Chapter 13 will be made.

Chapter 13 Changes
While more bankruptcies are Chapter 7, because of the change in eligibility, more are filing Chapter 13. Chapter 13 has some advantages for Georgia filers, but before we go over that let’s focus on your repayment plan. Most importantly is the change in disposable income. In a Chapter 13 repayment plan, you are allowed money for necessary expenses, but any disposable income you have has to go to your repayment plan. Now in a repayment plan, you show how you intend to pay back creditors, including some payments in full and some for less than the value of the debt.

It can be complicated to note the change in disposable income. However, it means you may have to live with less money.  Your disposable income must be calculated using allowed expenses by the IRS. This is based on your actual income for the past six months. In other words, the government is allowing you less money to live on. You have to subtract expenses from your own money.

Counseling in Chapter 13
You must go through credit counseling before filing a Chapter 7 or Chapter 13 plan. This counseling is supposed to show you if filing bankruptcy is really needed. At the end of your Chapter 13 plan, you must take another counseling class; after this, you can be discharged from debt.

Lawyers
Lawyers are unfortunately more expensive due to the changes in bankruptcy code. It takes them longer to help you successfully file. When you consider the main advantages of filing, the added expenses, though not easy on the pocket book, is worth it. A lawyer can explain the process much better than anyone, especially if you get a local one experienced with eligibility requirements and the court process.

Successfully Filing Georgia Chapter 13 Bankruptcy
If this all sounds like a legal book, you can always ask your lawyer to clear up the confusing parts. Hiring a bankruptcy lawyer is a must. If you can successfully file Chapter 13 in Georgia, you can save your home, car, other assets, and save money on certain debts. In some cases, Chapter 7 is better, but not all are eligible. Contact an experienced Georgia bankruptcy lawyer to get started today.

Filed under: Bankruptcy Information — Tags: , , , , — jmalewitz @ 9:31 pm

What If You Miss a Chapter 13 Payment?

There are many roads to Chapter 13 bankruptcy. You may find the advantages such as keeping your home and car make paying some or all of your debt the best option. Or maybe you make too much money for Chapter 7, and want to get a repayment plan you can afford.

We hear many questions on Georgia Chapter 13 bankruptcy, especially what happens if you miss a payment. Here are some answers.

If You Miss a Payment
If you miss a Chapter 13 payment, you still have options. If you take no action, the court will dismiss your case. But, you can modify the payment plan so you can better afford it, or apply to have payments suspended for several months. A Georgia bankruptcy lawyer can be invaluable in this part of the process. If you don’t have an experienced lawyer, hire one immediately. This can save your repayment plan from being dismissed.

Can you cancel a Chapter 13 plan?
Chapter 13 is voluntary – you can quit any time you want. You just won’t have all your unpaid debts discharged. If you feel it’s not working for you, it’s relatively simple to cancel the case.

You Lose Nothing
In most cases where you miss a payment, you are not in definite danger of your plan being dismissed and losing all assets. As long as you modify the payment plan or suspend it, you are safe. Courts are designed to help you with creditors, not take all your money and offer no real guidance.

Can you file again?
If your plan is dismissed, you can file again (and not wait years). This occurs if your debts have not been legally discharged. The bankruptcy laws won’t stop you from filing again. If you’re discharged, the regular bankruptcy laws are in effect and you have to wait some time to file again.

Advantages of Georgia Chapter 13 Bankruptcy
If you miss one payment, you won’t be alone in this process. Hopefully you’ve hired an experienced Georgia bankruptcy lawyer who can help you in and out of court. This process takes some time: Chapter 7 takes months, Chapter 13 years. That means you definitely need a professional lawyer to guide you through this process. You can reap the rewards of Chapter 13, saving your home, car, and other assets from creditors, while paying in installments you can afford.

Filed under: Bankruptcy Information — Tags: , , , , , — jmalewitz @ 9:12 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

When is Chapter 13 Bankruptcy The Best Option?

Chapter 7 bankruptcy is used about 75% for filers nationwide, with the other 25% being used on Chapter 13 bankruptcy. Why? Chapter 7 can be more effective in discharging large unsecured debts. In many cases, Chapter 7 is the better option. However, there are times when filing Chapter 13 is in your best interest. This blog guide shows you why.

Eligibility
As this guide is designed for Georgia bankruptcy filers, it’s important to note eligibility for Chapter 7 bankruptcy differs from state to state. However, Chapter 13 bankruptcy is governed by federal law and eligibility is the same nationwide. The most common reason that Georgia filers choose Chapter 13 is when they are not eligible for Chapter 7. If you make more than the Georgia median income, Chapter 13 is your only recourse.

Save Your Home
There are other times when filing Chapter 13 is much more in your best interest. The most common reason is the difference between secured and unsecured debt. Secured debt, such as your home and car, can be taken back if you fail to pay by taking the asset. Unsecured debt, on the other hand, includes medical and credit card debt. For secured debt, if you fear losing assets such as your home, Chapter 13 is very smart. For unsecured debts, debts you simply cannot afford, Chapter 7 can discharge these debts in a matter of months.

The focus here is on when Chapter 13 is better. Say you fell behind on your Georgia home mortgage payments. In this case, Chapter 7 does not help you; you can discharge the mortgage but you will only buy a few weeks to stay in the home. With Chapter 13, you can stop the foreclosure proceeding before it begins, effectively saving the home which you likely put time, money, and love into. That’s overlooked by many filers: if your home is on the line, Chapter 13 is very effective.

Other Advantages of Chapter 13 Bankruptcy
There are other times when you cannot discharge a debt. For example, you can’t discharge tax and student loan debt in Chapter 7. Instead, you can file Chapter 13 and pay these debts in more affordable installments. Also, if you have nonexempt property which will be lost in Chapter 7, you can again keep the property and pay installments.

Clearly there are reasons to consider both. However, remember that you have both options when it comes to filing. If you’re still unsure, contact a Georgia bankruptcy lawyer. An experienced lawyer will quickly be able to see the best choice for you to make.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 3:27 pm

Creditors and Filing Georgia Bankruptcy

By nature, creditors are nice when paid, but once you start missing payments, the relationship can go downhill. Of course, it makes sense that creditors want their money, just like you want your money from an employer. However, many creditors and debt collection agencies treat you inappropriately. It’s something you deserve to be angry about if they’re calling you night and day, being rude, and generally ruining your day.

Is this really that big of a problem? Yes, creditor harassment is a very big problem. In fact, 2009 saw creditor harassment not only continuing, but on the rise. Even in 2010 creditor harassment is still a major problem. Studies pointed out that debt collection agencies and creditors in general caused more complaints in 2009 than in 2008. This is common during tough economies, you might think, but it doesn’t make it any better. For one, creditor harassment to most extents can be illegal. There are tens of thousands of complaints to the Federal Trade Commission every year. For example, in just the first half of 2009, the Federal Trade Commission Reported 45,000 complaints about debt collection agency practices, a significant increase over the first half of 2008.

What are creditors doing to cause complaints? It may seem obvious – calling people like you night and day. Contacting your work. Contacting outside family members. Calling you into the night or very early in the morning. Some are even contacting consumers asking for payments on things they never bought. Still more are saying people owe more money than they really do.  In the worst of cases, creditors are acting like some form of government or law enforcement agency, threatening seizure of assets like homes and cars if no payment is made.

So there are a lot of reasons for complaint. What can you do? If you’ve truly fallen behind in debts, you may think paying them gets creditors off your back. In fact, you may be paying on the wrong debts or nonexistent debts. You will never be arrested for debts, unless a court orders it (which is quite rare). If they threaten to take your wages, it’s usually beyond their ability to do so unless they win in court against you. If they threaten to take your home, there is some truth in this statement. Technically, creditors can take you to court and obtain a lien on your property; that’s if they win in court; chances of that are slim.

You can stop creditor harassment in a variety of ways. If you really have a lot of debt, filing Georgia bankruptcy is one move to make. But don’t do it just because you have creditors harassing you. If that’s the case, you can write the creditor a letter asking them to stop contacting you; by law they must agree to this. Bankruptcy has many advantages, and stopping creditor harassment is one. Creditors will have no reason to call you anymore once the courts are involved; if they continue to call you, refer them to your lawyer.

Creditor harassment works because they strike fear in you. Take back control of your life. If you’re unsure of your rights, contact a lawyer.

Filed under: Bankruptcy Information, Bankruptcy News — Tags: , , , , , , , , , , — jmalewitz @ 1:57 pm

How to Work with a Georgia Chapter 13 Bankruptcy Attorney for Success

How do you successfully file for Chapter 13 bankruptcy in Georgia? With an attorney’s help is the best way.

Why? Filing any form of bankruptcy requires a lot of work. Not only do you need someone to submit all the documentation, but you also need someone to handle the in court case, help you decide your options, and educate you on the process.

Chapter 13 bankruptcy, unlike Chapter 7, is a lengthy process. Chapter 13 typically takes 3-5 years before it’s over. Filing under Chapter 7 takes a matter of months.

What is Chapter 13 bankruptcy?
Chapter 13 bankruptcy is more common than ever because of new bankruptcy laws, as if you have a median income too high–over about $40,691 in Georgia for a single filer–you are not eligible for Chapter 7 bankruptcy. Many, however, want Chapter 13 bankruptcy.

Chapter 13 bankruptcy is a debt repayment plan which buys you time to pay back major bills. For example, if you are behind on your mortgage payments, falling into credit card debt, and your options of paying them in the short term are dismal, Chapter 13 can help. This is where the length of the process is advantageous. The reason Chapter 13 takes 3-5 years is that’s the time allotted to you to pay back outstanding debts.

Advantages of Chapter 13 Bankruptcy
Since residents of Georgia sometimes make too much money to file Chapter 7, it’s clearly important to know why Chapter 13 bankruptcy is still a good option. Say you are behind on your bills, you make over $41,00 a year as a single resident of Georgia, creditors are harassing you, and you fear home foreclosure. Your best option may be to file for Chapter 13, mainly because you can buy time to pay back outstanding bills, save your home, stop any wage garnishments, and effectively stop creditor harassment of all kinds.

Hiring a Georgia Bankruptcy Attorney
Since these laws change and can get complex, it’s clearly just as important in Georgia Chapter 13 to hire an attorney as Georgia Chapter 7. A professional attorney can see what you’re eligible for, tell you your best options, help you save your home from foreclosure, stop all creditor harassment, and give you the peace of mind of being able to pay bills.

If you’ve never been in court, you might fear standing in front of a judge and pleading your case. While Chapter 13 you must be present, with a bankruptcy attorney working with you, what you’re needed to do is minor.

Clearly, filing bankruptcy is a big step. And just as you would not handle a major lawsuit against you alone, you also should hire a professional Georgia bankruptcy attorney for help. This could impact your finances for the rest of your life.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 12:42 pm

How Georgia Chapter 7 and Chapter 13 Bankruptcy Work – Fees

One of the biggest questions on bankruptcy is how much it costs–all the fees for court documents  and  lawyers. The actual filing fee with the court is really quite small, but attorneys vary on how much they charge you. Sometimes you get what you pay for … sometimes you pay high and get a lacking service… and other times you get lucky and find the right fit for you.

Chapter 7 bankruptcy costs $299 to file with the court. For all the debt you can expect to be discharged at a minimal loss of assets, that’s a bargain. And if you can’t pay that, the court may be able to work with you in other ways.

Chapter 13 bankruptcy costs $274 to file with the court. The Chapter 7 and Chapter 13 bankruptcy fees with the court are the same across every state, including for Georgia bankruptcy filers.

So $299 for Chapter 7 bankruptcy and $274 for Chapter 13 bankruptcy–but the lawyer fees cost a fortune, right? Not always! You can expect fees to vary in terms of the experience of the bankruptcy lawyer. The worst thing you can do is choose to file with the first lawyer you find; shop around.

How Georgia Chapter 7 Bankruptcy Works
As with all other states, you file a petition with the bankruptcy court in your area in Georgia. You must also file with the court several other key documents, including schedules of assets, income and expenditures, financial affairs, and a schedule of executory contracts and unexpired leases. For individual debtors, you have more documentation to file, including proof you went to a credit counseling agency and developed a repayment plan.

These things can get complicated, and you have to see the advantage of hiring an expert in all this process. Before we talk about that more, let’s go over how Georgia Chapter 13 bankruptcy works.

How Georgia Chapter 13 Bankruptcy Works
A Georgia Chapter 13 bankruptcy begins by filing a petition with the bankruptcy court in your area. You should, even before you do this, make sure you are eligible to file; if you have too much debt you might not be.

You take similar steps in Chapter 13 as Chapter 7 bankruptcy. This includes schedules of assets and liabilities, current income and expenditures, financial affairs statement, and more. Again, you must also  get a certificate from a credit counseling agency and prove you created a repayment plan.

Filing Documents and Other Things a Georgia Bankruptcy Lawyer Can Help With
There are dozens if not hundreds of other things you really need to know. The best option is to work with a professional so you can do this right the first time. In many cases, you save money by hiring the right Georgia bankruptcy lawyer. The rates of bankruptcy lawyers vary from $1,000-2,000 for filing, but look for quality and personal contact in the process, make some phone calls and do research, then make an informed decision.

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


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