Filing Chapter 13 Bankruptcy In Atlanta

If you are looking for a way out from under the crushing weight of your debts, filing a Chapter 13 bankruptcy may be the best option for you.  Chapter 13 bankruptcy provides a fresh start for a debtor by assisting them in developing a plan for the payment of their debts. 

In Atlanta, a Chapter 13 bankruptcy filing requires that the debtor construct and file a plan for the payment of their current debts based on their current income.  The payment plan must last at least 3 years and may last for up to 5 years. 

This plan is filed with the bankruptcy court, which is a federal district court.  In Georgia there are three different bankruptcy district courts:  the Georgia Middle District Court, the Georgia Southern District Court, and the Georgia Northern District Court.  Cases in Atlanta are handled by the Georgia Northern District.

In order to ensure that your payment plan is approved by the Georgia bankruptcy district courts, you should seek out the assistance of a qualified Atlanta Chapter 13 attorney.  This professional has assisted hundreds of individuals in developing payment plans for Atlanta Chapter 13 bankruptcy and knows what the bankruptcy court is looking for in an approved plan. 

As a result of changes made several years ago to the Chapter 13 plan outline, the debtor is required to provide detailed listings of the amounts that creditors will be paid, the interest rates that will apply to these debts, the names of the creditors to be paid, and other very specific information. 

It is difficult for a debtor to design a plan that will be approved without the assistance of a qualified Atlanta bankruptcy lawyer.


Payment Plan In Chapter 13 Bankruptcy

Chapter 13 bankruptcy in Atlanta Georgia will require that you complete a detailed payment plan for your qualified debts.  This plan will then be filed with the federal bankruptcy court that represents your area.  The plan is administered by an officer of the court, known as a bankruptcy trustee.

After you and your legal representative have filed your payment plan, either the court trustee or any of your creditors may file an objection to your plan.  These objections will be heard at the 341 Meeting of Creditors.  This meeting will also be an opportunity for the trustee to ask any questions they may have about your plan.

In some bankruptcy court districts, the trustees have developed a checklist of questions that the debtor will be required to sign as part of the court record.  The debtor should bring two forms of ID to the 341 meeting – one photo ID and one identification card including Social Security number.

Once the payment plan is approved by the court, creditors are prohibited from collecting their debts independently while the plan is effective.

The plan will specify that payments be withdrawn from the paycheck of the debtor.  These payments will then be turned over to the trustee, who will administer the payments as specified in the plan.

Chapter 13 bankruptcy in Atlanta, Georgia is a viable option for individuals who are facing mortgage foreclosure or car repossession.  This type of bankruptcy enables someone who may have simply fallen behind on payments the opportunity to catch up and begin to rebuild their financial future.




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