The Changes from the New Bankruptcy Law for Georgia Chapter 7 Filers

In 2005, a new bankruptcy law came into effect with some key changes you need to be aware of in order to successfully file. This blog guide focuses on the changes for Georgia Chapter 7 filers. If you have questions about filing Georgia bankruptcy you need to speak with an experienced lawyer.

Main Points

In short, the new bankruptcy law has made it more difficult to file Chapter 7 bankruptcy, with the option of filing with a Chapter 13 plan instead. This is based on how much you make. Prior to the new law, you had the option between Chapter 7 and Chapter 13. The most common form to use was Chapter 7, because you could literally discharge thousands of debt and lose nothing. Chapter 7 is still very common, but less so. There were also some changes made to how Chapter 13 filers, mainly based on giving you less disposable income to live on.

How do you know if you’re eligible?
Under the new bankruptcy laws, you must be below the average income for a family your size. So for Georgia filers, if you make more more than the median income for Georgia residents, you would have to file Chapter 13.

Accordingly, the more you make the less chance you have of being eligible. Here is a quick list as of April 2010 of the current median income.

Family Size 1 – Median Income $40,546
Family Size 2 – Median Income $55, 061
Family Size 3 – Median Income $60,887
Family Size 4 – Median Income $68,258
Add $7,500 for further family members.

If you are below, you are eligible for Chapter 7; if not, you must file Chapter 13. This obviously has been the law for many years, but many are unaware of the significant changes involved. So the higher your family income, the less chance you have of being eligible. You will have to go through a “means test” when you file, so if you’re unsure that can help.

What This Means for Costs
Because filing bankruptcy is now more difficult, lawyers are adapting their prices to the new time issues. It can take much more time to successfully file. While Chapter 7 bankruptcy is usually a quick process, the new means tests for eligibility make the paperwork somewhat more time consuming. It’s still very valuable to hire an experienced Georgia bankruptcy lawyer.

Getting Help

A professional lawyer can help you navigate these laws. Yes, the costs may be more, but don’t forget the benefits of filing, even if you can’t file Chapter 7. In Chapter 7, the majority of your unsecured debts, such as credit and medical debts, can be discharged completely. If you pay your lawyer $2,000 to successfully file, and discharge $50,000, you’re ahead by a lot of money. If you still have questions, a Georgia bankruptcy lawyer can help you with points such as eligibility, and also help you file Chapter 13 if needed.


Unsecured Debt and Filing Atlanta Chapter 7 Bankruptcy

Secured debt is money you owe with assets such as your home and car. A mortgage would be a secured debt, because the home would be like collateral to be taken if you fall behind in payments. Unsecured debt, on the other hand, is actually debt with no collateral. Though creditors can still take collections against you, sometimes get rights to your property, the debt is different. Unsecured debt can be credit card debt, medical bills, and deficiencies after a foreclosure.

One of the best ways to eliminate unsecured debt is Chapter 7 bankruptcy. For Atlanta residents, Chapter 7 has many advantages. You can halt all collection efforts. You can eliminate debts you simply cannot afford. If you fear assets may be taken or other legal action will ensue, you can be protected under law. There are some disadvantages too. This will be a mark on your record for 10 years. You won’t be able to file again for 8 years (or 6 years if you filed Chapter 13 first). Some assets by law can be liquidated in order to pay back some of these debts; assets like a home and car are rarely included, but it happens.

Atlanta Chapter 7 bankruptcy isn’t always your best option. Sometimes filing Chapter 13 bankruptcy has more advantages. As long as your unsecured and unsecured debts are not too high, you are eligible to file, where you may not be eligible for Chapter 7 if you make too much money. If you have a lot of assets, if you’re home is in danger of foreclosure, you can keep these assets and pay debts in manageable installments.

How does Chapter 7 liquidate assets?
You will be charged with a Georgia bankruptcy trustee who will oversee your case. This trustee has the power to sell assets. However, few will lose anything: the great majority of Chapter 7 filers lose no assets. So don’t be afraid of losing your home and car. By following the laws and hiring an Atlanta bankruptcy attorney, you can save assets and discharge debt.

Will all unsecured debt be discharged?

No, the big three debts most people have are credit card, medical, and mortgage. These debts can technically be discharged, though you may lose the home if you do not pay on it. Say you have $20,000 in credit card debt; in this case, filing Chapter 7 bankruptcy can discharge these debts in a matter of months. Or say you have $50,000 in  medical bills; once again, filing Chapter 7 can eliminate these debts.

Debts you can’t discharge include alimony, child support, and back taxes. These are unsecured debts, but by law you have to pay them.

How much does it cost?
Chapter 7 bankruptcy is very reasonable for Atlanta residents looking to eliminate debts. You pay only $299 to file with the court. You should also hire a lawyer. A lawyer will cost more, from $1,000 to $2,500 depending on the time involved for your case.

Why a Lawyer?

There are hundreds of Atlanta bankruptcy lawyers who can help you, but not all are equally experienced and have fair prices. You need a professional, experienced lawyer who will walk you through this process. A lawyer actually saves you time and money, allowing you to discharge the most debt in a timely manner.


Before You File Georgia Chapter 13, Read This

Why not file for Chapter 7 bankruptcy instead of Chapter 13? Before you start making decisions, there are some key points you need to know. First, let’s talk eligibility for Georgia filers.

Bankruptcy Eligibility

For Chapter 7 filers, you have to be below the median income for Georgia. For Chapter 13 filers, it’s uniform: your secured debts cannot exceed $1,010,650 and your unsecured debts must be lower than $336,900. Secured debts are items such as your home and car, where the creditor can take if no payment has been made. Unsecured debts are different in that the creditor has no leverage on you via assets, such as with a credit card or medical bills.

Changes in the Bankruptcy Code several years ago instituted new eligibility requirements, which tend to change based on income and debts. The numbers for Chapter 13 will change again in a few years, as that’s how it works. The changes have made it more difficult to file Chapter 7, making Chapter 13 more common than before.

Why File Chapter 7?
For Georgia residents with little to no income and minor assets, Chapter 7 is much better. It can discharge credit and medical debts of high amounts. If your problem is you don’t have enough money and that may not change – perhaps because of a job loss – you are likely eligible for Chapter 7. The good news here is you often lose nothing, though your credit will be hurt for several years and if you intend to buy a new home or car soon you may have some trouble.

Why Chapter 13?
Georgia residents who have an income, perhaps a home and car, can utilize Chapter 13 bankruptcy in a different way. For one, you pay back some if not all the debts, but you also gain some benefits. It’s been talked about quite often on the Georgia Debt Law blog, and it should be repeated: Chapter 13 is your best option to avoid foreclosure, keep all your assets, and sometimes to avoid wage garnishments. If you file Chapter 7, your assets can technically be liquidated, though that’s not common. But if you have an expensive home you’ve been paying on for 10 years, you may want to avoid losing it. In this and similar cases, Chapter 13 is very smart.

Making the Decision
Bankruptcy isn’t always your best option, but at the least you can sit down and talk with professional counsel about all your options. You may be able to pay these debts yourself. However, if you fear medical or credit card bills will ruin you, hiring a lawyer for Chapter 7 bankruptcy is smart. If you fear home foreclosure, hiring a bankruptcy lawyer to help with Chapter 13 can save it.

Before you file bankruptcy, the best choice you can make is hire a professional Georgia bankruptcy lawyer.


Options to File Bankruptcy In Atlanta Georgia

You have many options when it comes to bankruptcy – which form of personal bankruptcy, how to handle creditors, how to handle debt not discharged or paid, and perhaps often ignored but still important, what bankruptcy lawyer to hire. This blog guide gives you the key options for filing bankruptcy in Atlanta, Georgia.

What Form?
Well, we go over the forms of bankruptcy often on this blog, but if you’re new to Georgia Debt Law, you may wonder exactly what your options are. You have Chapter 7 or Chapter 13 bankruptcy. Each form has different positives and negatives, which an experienced Atlanta bankruptcy attorney can help you with.

Chapter 7 is used over 75% of the time by Atlanta residents; it discharges major debts such as credit and medical debt. Chapter 13 is your only other option, but it’s benefits can be supreme – save your home from foreclosure and keep your other assets.

No matter what you choose, you may wonder how creditors should be handled.

Creditors Do What?
Technically, after you file bankruptcy creditors have no more reason to contact you. In some cases, they might appeal your bankruptcy, still hoping to get their money. Most of the time these attempts fail, but be mindful if the appeal is made. You can, even before bankruptcy, write letters to your creditors asking them to stop contacting you. By law they have to. If you file, and they continue to call, refer them to your Atlanta bankruptcy lawyer.

What Debts are Discharged?
In Chapter 7 bankruptcy, the biggest debts discharged are credit card, medical, and mortgage debt. Some debts cannot be discharged, including alimony, child support, and back taxes.

Chapter 13 bankruptcy is different, as you’re only discharged from the debts after your debt repayment plan is finished.

What Lawyer Should You Hire?
You want to file Atlanta bankruptcy, but when it comes to lawyers experienced in Georgia law, you’re just out of options. Hiring a lawyer is neither a race to find the first one nor the search for the cheapest. There are many experienced Atlanta bankruptcy lawyers who show value, because, after all, by doing this you’re saving far more money and assets than you lose.

Yes, hiring an experienced lawyer can be hard. You have many options in Atlanta. You do likely have a budget – most bankruptcy lawyers charge flat rates for helping you file successfully. Query 5-10, compare rates and experience, and give one a try.


What Decisions are Made in Georgia Bankruptcy Court?

In a recent post, we went over what happens in Georgia Bankruptcy court. This post goes even deeper, highlighting subjects such as the 341 meeting, and other points in court where information is obtained and decisions are made.

For Georgians, bankruptcy court includes the Georgia Middle District Court, Georgia Southern District Court, and Georgia Northern District court. Each have courts in regions of Georgia, and depending on where you live you’ll be going to the court for that area. For example, if you’re an Atlanta resident, you would go to the Northern District Court.

Now that you know where to go, you might have some expectations of getting into fights with creditors in court. In most cases these processes are very simple in terms of what occurs. You will appear in court regardless of whether you file personal bankruptcy Chapter 7 or Chapter 13

The 341 Meeting
“341″ gets its name from the piece of bankruptcy code it applies to. A 341  meeting is far from some court room drama: you are actually only there briefly. The trustee — the person appointed by the court for your Chapter 7 hearing — will be finding out your exempt and nonexempt assets, and also ask some basic questions to you. While it’s not a battle, if things come up which should have been noted before, such as a property you didn’t list, this information can technically be used against you. In other cases, new information may help you successfully file while losing little if anything. Remember, in most Chapter 7 cases, including  in Georgia, you lose no assets.

What kind of questions will you be asked at this 341 meeting? The trustee usually has a list of simple questions regarding the facts of your bankruptcy filing: if you left assets off, for example.

And in most cases, creditors will not even appear at the hearing, though they are invited.

Chapter 13 Georgia Bankruptcy Court
If you file Chapter 13 bankruptcy, you must also appear in court, typically for a longer period. You will have a different kind of meeting with creditors as defined by the trustee. In both Chapter 7 and Chapter 13, you usually have an appointment for a 341 meeting within 30 days.

What happens if you don’t have all the information?

A 341 meeting can and is often extended until you can provide all the necessary information.

What if you have assets not listed?
If you have assets not listed in your bankruptcy filing, simply state you made a mistake. Unfortunately you are still responsible for doing this. If you try to hide assets, it can only damage your chances. If it’s a simple mistake, be thorough in handing over information on all assets to the trustee.

What will you lose?

As stated earlier, Chapter 7 bankruptcy filers typically lose nothing. If you have a home or car, in many cases they are considered exempt and you won’t lose them. The whole purpose of Chapter 13 bankruptcy is to keep assets instead of selling them, so if you can maintain your repayment plan you can keep everything.

How will creditors act?
Creditors rarely appeal . Once you file, they have the option to fight for your right to bankruptcy. If you filed for Chapter 13 bankruptcy and received an automatic stay on your home, technically creditors can appeal. Most are barely involved at all.

Where to go for professional help?
If this all sounds complex, that’s because it can be. If you are honest, you’ll rarely have any trouble. You do need professional counsel for any bankruptcy case; while the in court drama is limited, correctly filing is important. Also, if you fear assets being taken, you can get help from a Georgia bankruptcy attorney.


What Happens in Georgia Bankruptcy Court?

How does the Georgia bankruptcy court work? Bankruptcy, by federal law and the bankruptcy code, allows for debtors relief from bills. The current bankruptcy code for personal bankruptcies involves only Chapter 7 bankruptcy and Chapter 13 bankruptcy.

What Chapter 7 bankruptcy Means To You
Chapter 7 bankruptcy is a liquidation process designed to eliminate debt by appointing a trustee to liquidate your assets.

What Chapter 13 Bankruptcy Means To You

Chapter 13 bankruptcy, now more common than in the past years with new bankruptcy codes for income limits, essentially is about paying back your debt only over a longer period.

What happens in Chapter 7 bankruptcy court?

Chapter 7 bankruptcy, beyond filing with courts, is actually a very simple court case where you have little direct involvement. It’s wise to hire a good Georgia Chapter 7 lawyer who can help you through the process. In most cases, you will rarely if ever have any involvement in the court proceeding. The only time you may be involved is when the is when an objection has been raised in the case.

What happens in Chapter 13 bankruptcy court?

Chapter 13 filers are more involved than Chapter 7 filers, but it’s still limited. You only have to appear before the court at a plan confirmation hearing. You really only have to be involved with the meeting of creditors, held at the offices of the U.S. trustee.

How Chapter 7 bankruptcy Helps
Typically, you will have no problems filing for bankruptcy beyond the future credit history it entails (bankruptcy stays on your record for 10 years). Chapter 7 filers will rarely lose major assets, will often be accepted unless you make too much money, and you’ll be discharged of debts in a  matter of months.

How Georgia Chapter 13 Bankruptcy Helps

Georgia Chapter 13 is more common because of bankruptcy code changes in the past decades; this includes all U.S. citizens and Georgia Chapter 13 filers. The most common benefit of filing Georgia Chapter 13 is saving your home from foreclosure. This is very common, especially in the economy in the U.S. the past 5 years and in the home owner problems many have had. If you file Georgia Chapter 13 bankruptcy, you can pay back debts over 3-5 years, including mortgage payments. But you must stay current on the payments.

How Georgia Bankruptcy Attorneys Can Help You
Bankruptcy is far more complex than filling out some documents and submitting to a court. Bankruptcy code changes from time to time. For instance, did you know Chapter 7 is off the table for far more filers than ever before? In order to successfully file, a good Georgia bankruptcy attorney is key.


Advantages of Filing Chapter 7 and Chapter 13 Bankruptcy Before Georgia Foreclosure

Filing for Chapter 7 or Chapter 13 bankruptcy is too complicated for many individuals to do by themselves, but the benefits of bankruptcy can be had by all. While it can be a complex and difficult process, in most cases Chapter 7 and Chapter 13 bankruptcy do more than give you a fresh start–they give you a second chance.

As noted in this blog post on Georgia Debt Law, if you’re facing foreclosure then  bankruptcy is often your best option. At a minimum, you have extra time to find a second residence. At best, it buys you time to save your home.

Just what bankruptcy should you file and how does it work?  First, let’s go over exactly what a foreclosure is.

Georgia Foreclosure

You fall behind on your mortgage payments, and the lender isn’t working with you on a payment plan. Maybe you have too many other bills, such as medical fees or car payments, or maybe you lost your job or someone close to you passed away. No matter the reason, the lender can take steps to bring foreclosure on your home, selling it at an auction and paying back your debt through the sale.

There are many alternatives to filing bankruptcy, but in terms of foreclosure, if you’re behind on payments sometimes there is little else you can do. If the lender is unwilling to negotiate, if you have bad credit, or if you have no other place to go if you lose this home, bankruptcy is almost a must.

Georgia Bankruptcy
Filing bankruptcy in Georgia usually calls for Chapter 7 or Chapter 13 bankruptcy. The good news with Chapter 7 bankruptcy is that it buys you extra time to find another residence (if you have few other places to go). This can be several months if not longer, as by law the courts can protect you.

How? If you file Georgia bankruptcy, there is the “automatic stay” which usually gives you 3-4 extra months extra time. You will likely lose your home if you file Chapter 7 bankruptcy in Georgia, but 3 months is a lot of time to figure something out.

On the other hand, you may want to fight this to the end. The best option if you want to keep your home–if you want to fight for it–is to file Chapter 13 bankruptcy in Georgia.

Advantages of Chapter 13 Bankruptcy in Georgia

Chapter 13 bankruptcy can save your home. You will need enough income to meet your current mortgage payment, so do what you can to get that. After, you will set up a repayment plan over a few years time–usually 3-5 years. This means you’ll pay back the debt over a longer period. It  does call for bringing in more money, but Chapter 13 bankruptcy is the foreclosure solution.

Hiring a Georgia Bankruptcy Lawyer
Your best choice is to discuss this with a Georgia bankruptcy lawyer. Did you know, for example, you may be able to cancel your 2nd and 3rd mortgages? It’s not a dream, with the right assistance you can. And people successfully file for bankruptcy in Georgia to stop or delay foreclosures. All you  need now is to choose a lawyer who can help.


Role of a Case Trustee for Georgia Chapter 7 Bankruptcy

Filing Chapter 7 bankruptcy in Georgia is quite often the best decision you can make. Depending on your income and assets, you may not only be eligible to file but will lose very little. It should be said, first, what Chapter 7 bankruptcy can do for Georgia residents, how it works, and what the trustee does.

Chapter 7 bankruptcy may be different than you think. With changes in bankruptcy law in the past years, Chapter 7 bankruptcy is now tougher to file. This is because some are forced to file Chapter 13 bankruptcy if they have enough income. It depends, then, on how much you make and  your monthly expenses. If you are out of work, and have little money coming in, you should be eligible for Georgia Chapter 7 bankruptcy.

Chapter 7 bankruptcy discharges you from the majority of your debts. There is a long  list of debts you cannot discharge, mainly tax debts, child support or alimony, debts for student loans,  and some others.

Chapter 7 bankruptcy is a liquidation proceeding. For Atlanta residents and all U.S. citizens, the court appoints a trustee to liquidate your nonexempt assets. In some cases, there are no assets which are nonexempt, meaning you lose nothing. This varies, but most Chapter 7 bankruptcy filings in  Georgia are no asset cases. The creditors will have no need to file a claim with the court in that case.

Once the bankruptcy begins, typically a 3-6 month process before your debts are discharged, an “estate” is created which in legal terms is the owner of all the debtors property.  Generally, creditors will be paid off by the nonexempt property of the estate.

The trustee has a key role here, in that he or she tries to get the most out of all the assets. The higher the sale, the higher amount which can be turned over to unsecured creditors. That means the trustee will be looking to sell your nonexempt properties for the highest value, as part of the Chapter 7 bankruptcy case.

But the debtor is actually trying to get money from nonexempt property in most cases. The trustee will follow Bankruptcy Code by the six classes of claims used in paying back debtors. As each of these classes are paid, the next level is paid.

What This Means
Filing a Chapter 7 bankruptcy involves far more than this complex set of rules. In short, even though in many cases little property is lost, the more value of your nonexempt property,the more the debtors have to pay back. Chapter 13 bankruptcy, now more encouraged than ever, is preferable if you want to maintain your home or other property. The only problem is, Chapter 7 bankruptcy discharges debt, while Chapter 13 bankruptcy does not.

Hiring a Georgia Bankruptcy Attorney
This makes it clearly more important to hire counsel, a Georgia bankruptcy attorney who can help you navigate the Bankruptcy Code.


How Chapter 7 Discharge Works for Atlanta Residents

Chapter 7 bankruptcy discharges you from liability for the majority of your debts, stops creditors from  trying to get their money back through collections, and gives you a fresh financial start.

Chapter 7 bankruptcy is a wise choice for Atlanta residents. It cuts a majority of your debts, namely credit card debts and other nonexempt debts. There are some debts which cannot be discharged, including mortgage, car payments, student loans, and unpaid child support.

Yet Chapter 7 bankruptcy has other advantages for Atlanta residents. You can typically be discharged of debt fast, within 3-6 months time. Although you can technically lose property in Chapter 7 bankruptcy, most filers do not lose property such as homes and cars.

While it’s now more difficult to file Chapter 7, as many are now forced to file Chapter 13 bankruptcy, it’s still the best way to escape impossible debts.

Notes on Chapter 7 Bankruptcy Discharge
While creditors cannot in most cases pursue collections against you after you file, there is some fine print. Creditors can still contact you, technically, and have the right to appeal certain debts.  If you don’t want creditors to contact you, you can refer them to your Atlanta bankruptcy attorney. If you have a car which is an unsecured debt, creditors can still seize it. If you want to keep the car, you can “reaffirm” the debt, which means you will pay the money owed. You are responsible for the payments, but you have a chance to keep property this way.

How You Can Be Denied Chapter 7 Discharge
You can technically be denied for a Chapter 7 bankruptcy discharge in some cases. While somewhat rare, if you failed to keep clear financial records, failed to explain loss of assets, committed perjury, failed to obey the court, transferred or concealed money and property, or even failed to take a proper instructional course on financial management.

Being denied may be uncommon, but it happens all the time. The best way to get a Chapter 7 bankruptcy discharge is to 1) follow all laws to the letter and 2) hire a professional Atlanta bankruptcy attorney.

Laws to Follow for Chapter 7 Bankruptcy
If you fail to keep proper records of your assets and money, you can be denied Chapter 7 bankruptcy. This means you need to confirm your assets before filing; it will speed up your discharge. Since not all debts are discharged by Chapter 7 bankruptcy, Atlanta residents should be clear on the fact that though discharge cancels most debts, alimony, child support, tax debt, mortgage, and some others are not.

Hiring a Professional Atlanta Bankruptcy Attorney
Since Chapter 7 bankruptcy is now more complicated, it’s clear you should hire professional counsel to work with you. If you want to be discharged from your debts, stop collection agencies, and keep your assets, the best decision you can make is to hire a professional Atlanta bankruptcy attorney to get your debts discharged and give you a fresh start.

How Chapter 7 Discharge Works for Atlanta Residents

Changes to US Bankruptcy Law for Georgia Residents

Chapter 7 and Chapter 13 bankruptcy law changed in 2005, and this guide gives you a solid overview of what advantages and disadvantages for you. If you’re considering filing bankruptcy, but have never filed before, you may not be aware of the recent changes. If you’ve filed bankruptcy before, there are changes if you filed before the 2005 changes.

This guide helps clear up misconceptions on Chapter 7 and Chapter 13 bankruptcy, what they mean to you if you need to file, and how you can handle yourself both in court and with a professional bankruptcy attorney.

Chapter 7 Bankruptcy for Georgia Residents
The changes to the laws make it harder for Georgia residents and residents of all states to file for Chapter 7 bankruptcy. Now, some will not be allowed to file Chapter 7 bankruptcy, and be forced to use a  repayment schedule with Chapter 13 bankruptcy. Also, you must now work with a credit counseling agency before you can file any form of bankruptcy, as well as counseling on budgeting and debt managements before your debts can be cleared.

There is now restricted eligibility for Chapter 7 bankruptcy. Before, you could choose what form of bankruptcy you preferred–if you wanted Chapter 7 or Chapter 13 bankruptcy. If you have a high income and want to file Chapter 7 bankruptcy, you might make too much to be able to file.  This can be complex, but in a nutshell if you have a current monthly income much higher than the median income for households of your size in Georgia, you can’t file. If you are less than or equal to the average figure, you can file Chapter 7 bankruptcy/

If you have enough disposable income to pay a repayment plan for your debt, you will not have the option to file Chapter 7 bankruptcy in most cases. This is where hiring a professional bankruptcy attorney in Georgia can help.

Counseling For Bankruptcy Help
Another new law which took effect in 2005 is the counseling requirements for any individual who wants to file for Chapter 7 or Chapter 13 bankruptcy. For Georgia residents, this means you must complete counseling with an agency approved by the U.S. Trustee’s office. You can find these online at usdoj.gov/ust and look for the credit counseling link.

The good news is that the counseling is recommended. You do not have to follow the counseling agencies repayment plan. You do have to submit this to the court. You will also have to attend another counseling agency session at the end of your bankruptcy, to learn personal finance management.

The Importance of an Expert Georgia Bankruptcy Attorney

Attorneys are now more important than ever if you want to successfully file Chapter 7 or Chapter 13 bankruptcy in Georgia. With the new laws you have to navigate, it’s easy to make mistakes in documents, filing, court hearings, and knowing all your rights when it comes to creditors. A professional bankruptcy attorney in Georgia can help you not only successfully file but get a fresh start financially.




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