Why File Joint Bankruptcy in Georgia?

In order to understand what joint bankruptcy is, you must first understand individual bankruptcy. This form of bankruptcy occurs via more normal means: you have a debt, you need help, so you file as an individual. It’s the most common form of bankruptcy. As it sounds, joint bankruptcy occurs when you file with another person. Why would you file joint bankruptcy?

You Both Owe Immense Debts
If you and your spouse are eligible, joint bankruptcy has many advantages. First of all, if you both owe on the same debts, one person filing may mean the other person will continue to owe the debt. So if you file Chapter 7 as an individual, your credit card debt may stay on your spouse’s record. If you both owe quite a lot of money, it’s smart to file for bankruptcy help.

If You Don’t Make Too Much
If you and your spouse make more than the Georgia median income, you would not be eligible for joint Chapter 7 bankruptcy, but you would be eligible for joint Chapter 13 bankruptcy. If you don’t make too much, you can take advantage of joint Chapter 7 bankruptcy,which stands to save you both tens of thousands of dollars. On the other hand, a joint Chapter 13 bankruptcy can help protect secured debts like your home and car.

Save On Fees
When you file together, you pay one lawyer, and pay one fee. The filing fee for Chapter 7 bankruptcy is $299, and $274 for Chapter 13 bankruptcy. While saving on those fees may seem minor, it can be big if you’re running low on income. If you hire one lawyer, it won’t necessarily be cheaper, but it should save you In the end.

Save Time
It takes time to file bankruptcy. Even if you hire a good lawyer,the paperwork can be quite lengthy. On the other hand, if you file together it can cut down considerably on paperwork. And it protects you legally if you both owe debts, so you won’t have to fight back and forth with creditors.

How to Get Started
If you’re still unsure about joint bankruptcy, that’s okay. This post was only designed to help you get started. Filing bankruptcy is never easy, but it can change your life. To get started, start studying more on how Georgia Chapter 7 and Chapter 13 bankruptcy work. You should also consider consulting with an experienced Georgia bankruptcy lawyer.

Where to Find a Lawyer
The Georgia State Bar is a good resource, as is searching via online means. There are hundreds of lawyers capable of helping you, but make sure you get one you can communicate well with, who can explain how this process works, and who in the end will help you save money.

Filed under: Bankruptcy News — Tags: , , , , , , , , , — jmalewitz @ 2:15 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

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.

Filed under: Bankruptcy News — Tags: , , , , , , , — jmalewitz @ 1:43 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

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.

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

Unemployment and Georgia Economic Outlook

In a recent article on CourierPostonline.com, journalist Jeannine Aversa points out the economic reality we in Georgia are facing. Georgia is unique, but not in a good way. We have a 10% unemployment rate, with the country averaging 9.6%. If you factor in foreclosures, which, according to RealtyTrac.com, amount to 1 in every 250 homes every month, the problem is clear.

And economists are not foreseeing many economic changes in 2011. What will the Georgia economic outlook be in 2011? The average rate of unemployment for the U.S. has traditionally been 5-6%. That may sound incredible, but in reality those numbers were very common in the past decades, through recessions and booms. Economists, as noted in the Aversa article, are not predicting much of a change in unemployment in 2011. Some are predicting the national average in 2011 to be just under 9%, at about 8.7%. In previous estimates, it was expected that unemployment would be lower than this.

Is Georgia different? We have more unemployment than most states, more foreclosures than most states, and more bankruptcies too. And incomes have gone down too: in the years 2006 to 2007, when compared to the time of 2008 and 2009, incomes have dropped about 13%, averaging about $6,000 less income per person.

This is the economic reality we face.

Are there solutions? The entire country is facing tough economic times, though states such as Georgia and Florida have been hit particularly hard, especially in the wake of the mortgage crisis.

You may have to change spending habits. The pricey car, dream home, and expensive college education for your child may have wait. You have to start thinking of cutting down on expenses. And you have to continue with the hope things will change. They will. Not everyone in the country is being hit hard, and there are still many options for all of us.

You may consider filing Chapter 7 bankruptcy to discharge your debts if you are unemployed. If you are working, but fall behind on your mortgage, you may file Chapter 13 bankruptcy to avoid a foreclosure. Chapter 7 is the most common form of bankruptcy, yet Chapter 13 should be considered too, especially if you own a home.

Chapter 7 is best for eliminating unsecured debts – medical and credit card monies owed, most commonly. Chapter 13 takes more time, and does not eliminate the debt, but allows you to pay over time. If you are facing foreclosure, you may want to consider Chapter 13.

If you are unemployed, how can you afford to file bankruptcy? Filing is not very expensive. Bankruptcy lawyers with experience are willing to work with you, to help you save money, and to protect your assets. If it’s $1,500 total to discharge $20,000 or more, filing is more than worth it.

Filed under: Bankruptcy News — Tags: , , , , , , , , , — jmalewitz @ 1:55 pm

8 Ways a Georgia Bankruptcy Attorney Helps and Protects

1-Understand Bankruptcy
Where do you start when it comes to Georgia bankruptcy? You start with the right game plan. You learn how the process works. You find out what debts can be discharged. You see which assets are exempt. You consider whether to file Chapter 7 or Chapter 13, and therefore go over eligibility. This all can be very technical. You need not read 100 books and research for weeks. You can hire an experienced Georgia attorney to help understand bankruptcy.

2-Helps You Discharge Debts
A good Georgia bankruptcy attorney helps you discharge the most debt. Is Chapter 7 or Chapter 13 better for you? Sometimes you stand to save more property with Chapter 13. Other times a Chapter 7 bankruptcy can save the most money by discharging the most debt. An attorney can help with this decision.

3-Helps Stop Creditor Harassment
A good attorney can also help you stop creditor harassment. If you owe a lot of money, you may be getting phone calls every day. There are rules, first of all, which protect you, such as calling too early or late in the day. If you file bankruptcy, most creditors have no reason to call you. If they do, refer them to your attorney.

4-Protect You Legally
Bankruptcy can be rewarding, but if you make mistakes, it may lead to your request being denied. You may not list all your assets, for example. An attorney can help here by going over all that you must list in order to file.

5-Protect Income
If you fear wage garnishments because of debts – a reality for many of us – by filing bankruptcy you will get an “automatic stay” stopping all collections against you. If you filed Chapter 7 bankruptcy, the judge would put the automatic stay on all collections, and then after 3-4 months most of these debts would be gone. If you are unsure on how this works, a Georgia attorney can help.

6-Protect Your Home
Foreclosure can seem more like a nightmare than reality, especially if you’ve lived in the same home for much of your life. If your family has no other options, hiring an attorney and filing Chapter 13 bankruptcy before the foreclosure process starts can literally change your life. You have legal options for stopping a foreclosure, but the first step is to hire an attorney.

7-Protect Your Car
Repossessions are also a reality for many of us, and again, as with your wages, you can stop a repossession in its tracks by filing Chapter 7 or Chapter 13 bankruptcy. Will you lose the car if you discharge the debt? Yes, if you discharge the debt via Chapter 7, you stand to lose it. On the other hand, with some legal help you can pay outside the bankruptcy.

8-Protect Your Future
For you and your family, bankruptcy can be a life changing event. Instead of fighting creditors for the rest of your life, you can be free. Instead of borrowing money to pay your child’s tuition, you can avoid another debt. If you are unsure of how bankruptcy works and how to use it to best protect your future, you need an attorney.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 3:41 pm

6 Challenges of Bankruptcy

Bankruptcy challenges you in ways, but when you can save tens of thousands of dollars or protect your family home, it’s also easy to see the benefits. This blog guide goes over the mental, legal, and monetary challenges you face.

To Stay Positive
Mentally, staying positive is hard when challenged by extreme debt or a mortgage you cannot pay on. How do you stay positive before bankruptcy? Look at how much you stand to save, focus on what you want to keep , and set goals on where you want to be in 3 or 5 years time. Look to the future, in other words.

To Get the Right Lawyer
Georgia bankruptcy law is complex. For example, if you file Chapter 7 bankruptcy, your home exemption only covers so much. If  you file Chapter 13, you need to spend some time developing a repayment plan. The right person to help is an experienced Georgia bankruptcy lawyer. His or her job is to help you make key decisions and reap the rewards of bankruptcy.

To Be Eligible for Bankruptcy
Are you eligible? Well, it depends on what you make in one case and what you owe on the other. For Georgia residents, if you make more than the median income of our state, you may not be eligible for Chapter 7 bankruptcy. On the other hand, if your income recently took a nose dive – perhaps because you’ve been laid off – you do have the opportunity to file Chapter 7. With Chapter 13, you are almost always eligible, but it can be challenging if your debts run into the hundreds of thousands.

Choosing Chapter 7 or Chapter 13
Which form of bankruptcy should you choose? Sometimes the choice is made for you by your income: you make too much for Chapter 7 so you have to file Chapter 13. This can be challenging when you owe tens of thousands of dollars. On the other hand, with an income and a plan, you stand to protect all your assets and also save money.

Liquidation
Chapter 7 bankruptcy is a “liquidation” where your main debts are discharged and your assets are sold off to pay these debts. The challenge for filers is keeping property. Few lose a lot in Chapter 7, but it does happen. If you have a  lot you may lose, such as a home, consider Chapter 13.  However, if you’re faced with a huge medical and/or credit card debt, how good would it be to have that disappear? That’s what Chapter 7 can do.

Foreclosure
Finally, one of the biggest challenges any of us face is getting a home and keeping it. If you have a family, it may feel like a nightmare when you cannot pay your mortgage. The challenge here is to protect your home, and a Chapter 13 bankruptcy can do just that. First, you do have property exemptions, which cover about $10,000 for one person and $20,000 for a couple, but you can protect your home by law with a bankruptcy filing. If you have some income, you can start making affordable payments with a Chapter 13 debt repayment plan – keeping your home.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 3:53 pm

5 Ways to Save The Most Money with Bankruptcy

You stand to save a lot of money by filing bankruptcy – and not just money on debts. For example, if you’ve invested thousands if not tens of thousands into your home, you want to protect this investment. This guide explains 5 unique ways to save the most money with bankruptcy.

Get the Right Lawyer
Few of us can handle a bankruptcy by ourselves. Even if you are a lawyer, it takes time and skill to handle paperwork, creditors, and court room decisions. A Georgia bankruptcy lawyer saves you money, protects your assets, and ensures your future success.

Know Your Options
You have options beyond bankruptcy too. There are advantages to filing, especially with the legal protection you get. But you don’t always want to file bankruptcy.  Say, for example, you are getting called daily on a $5,000 medical bill, you are working, but you cannot pay the amount in the time they want. Since you have a job, and the bill is relatively small, you may want to consider other options, such as negotiating a payment plan. On the other hand, if you get a $50,000 medical bill, employed or not, it may be wise to save yourself that money and file bankruptcy. What form of bankruptcy?

Why Chapter 7 Bankruptcy?
The #1 cause of filing Chapter 7 bankruptcy is medical debt. The second biggest culprit for Chapter 7 is credit card debt. You stand to save thousands if not tens of thousands here. As a general rule, if you have debts you cannot pay off reasonably in a 3-5 year time frame, consider bankruptcy. There is no limit on how much you can save. Sometimes, however, you have a high income, and valuable assets you cannot lose.

Why Chapter 13?
If you make too much money, you may not be eligible for Chapter 7 bankruptcy. And if you want to avoid losing a lot of assets and properties, Chapter 7 may not be the best choice. In this situation, you can save more money – and money includes assets – by protecting these with a  Chapter 13 bankruptcy. This is a repayment plan over a 3-5 year period, in manageable installments, with the opportunity to protect all your assets including your home and car.

What Debts Can You Lose?
While some debts cannot be discharged – such as child support and taxes – most debts can be part of a Chapter 7 or Chapter 13 discharge. And if you have assets you want to keep, but want to file Chapter 7, you can negotiate outside the bankruptcy. This almost always requires a skilled Georgia bankruptcy lawyer.

Change
If you truly want to save the most money, don’t get into this situation again. You can only file bankruptcy so often. Change the way you spend and invest money. Change the way you look at growing debts. Pay bills on time, stay within your income, get medical benefits, and save money in case of future problems.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 12:44 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


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