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.


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.


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.


Why Is Unemployment So High in Georgia?

On AJC.com, Henry Unger points out the problem many Georgia residents are facing, that of a spreading wave of unemployment. Why is the problem so big? In the Unger piece, the Labor Commissioner Michael Thurmond is quoted, noting: “Our state’s job market remains weak and employers have not resumed hiring at a pace necessary for recovery.” Thurmond went on to say employers are still hesitant to take on new employees.

Jobs are a major problem in Georgia. Loss of jobs are causing foreclosures. Many are having no option but to file bankruptcy or let their home be taken. 1 of every 250 homes is being lost due to foreclosure. The unemployment is obviously related, as many of us cannot afford a mortgage with an unemployment check.

Without jobs, the economy will be stuck. As of October, Georgia unemployment was still higher than the national average: 10% of workers are unemployed, in comparison to 9.6% nationally. Moreover, it has been this way for much of the past year. In real numbers, almost half a million Georgia residents are without work. And much of these have been out of work the past 27 weeks (Unger points out how over 250,000 Georgia residents have been unemployed for 27 weeks or longer).

What can be done to give life to the economy? Economists are looking at an almost 10 year plan until unemployment can potentially be cut by 5%. It’s projected that by 2018 we may be back down to the historical averages of 5-6% unemployment.

What is causing these problems? Companies are not expanding. Jobs are not being created at the level of demand. Everyone is pinching pennies and this is hurting businesses, which in turn affects us all. It’s a cycle.

There is room to be positive. You still have options even if unemployed. There may be new life in the economy yet. There are still people getting jobs. It may give you time to return to school, specializing in a more in demand field. There is no secret path to be noted, but there is always hope.

If you are unemployed, or employed at a low-paying job, you may wonder about your options if you get a high bill. With many Georgia residents and citizens nationally being out of work, you may lack health insurance. If your job hours get cut in half, you may wonder how you can live in your home.

There are options, and not always bankruptcy. If you want, you can always try and negotiate with creditors before any problems arise. They might, for example, want to garnish your wages, which would obviously put you in some dangerous waters. Creditors want their money. If you file Chapter 7 bankruptcy, they get little of the debt you owe them. Therefore, some are willing to cut interest rates and set up a payment plan.

On the other hand, bankruptcy may be your best option, especially if you are unemployed. A Chapter 7 bankruptcy can discharge that high medical bill you got because of no insurance. Or the months where you had to lean on your credit cards – and accumulated a $20,000 bill – need not be a time where your income is taken. If you own a home, you do have legal rights, especially if you file bankruptcy correctly.

The question may not be about being unemployed. It comes down to staying on top of bills. If you can discharge a debt at the right time, it can change your economic future. Then, when you get a job, you can avoid spending all your wages on interest rates.


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.


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.


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.


Save Money or Save Property? Filing Chapter 7 or Chapter 13 Bankruptcy

While you do not always have the option of choosing which form of bankruptcy to file, often the decision is vital to your future. If you’re a Georgia home owner, discharging your mortgage with a Chapter 7 bankruptcy may seem like giving up. On the other hand, for Georgia residents with tens of thousands in debt, paying these off with a Chapter 13 repayment plan may be too hard. This blog guide will help you see value in what form of bankruptcy you file.

Are you eligible?
First, find out if you’re eligible for bankruptcy, and which form you can file with. If you make too much money, you may be ineligible for Chapter 7 bankruptcy. In some rare situations, you may owe too much to file Chapter 13 bankruptcy. The Bankruptcy Code changes of 2005 made it more difficult to file Chapter 7, which is now based on the average income you or your family has in comparison to the Georgia median income.

Chapter 7 for Home Owners?

Chapter 7 bankruptcy can be smart for home owners who want to negotiate outside the bankruptcy for the home. However, you are in some risk of losing the home, especially if you cannot pay on the debt. If you want to discharge all your debts and be clear of everything, Chapter 7 can be advantageous. If you have a lot of property and assets you want to keep, Chapter 13 may be smarter.

Chapter 13 for Credit?
Chapter 13 bankruptcy can be best if you own a lot. Often you aren’t eligible for Chapter 7 if you have a high paying job which paid for all these assets. However, paying debts over time, in manageable installments, while also protecting your assets, can be quite effective. You pay on your debts over a longer period. You have legal protection. You can keep just about everything. If you have an income, Chapter 13 has many protections.

Foreclosure Problems
Georgia foreclosures have been some of the worst ever in the past 5 years. Right now, about 1 in 250 homes are being foreclosed on every month in Georgia. If you fear foreclosure, and if you want to avoid it, Chapter 7 is about discharging debts, not protecting assets. Therefore, you want Chapter 13 bankruptcy, if you file before the foreclosure begins.

Medical and Credit Debts

The most common reason for bankruptcy in all 50 states is medical debt. You or a loved one lacks medical coverage, gets hurt or sick, and the resulting hospital bill comes in at $500 a day for weeks. That is the kind of impossible debt that Chapter 7 bankruptcy can help with. You can discharge your main debts, namely medical and credit, and be free and clear in a matter of months.

Getting Legal Representation
If you’re unsure on how to get this process started, that’s more than understandable. Bankruptcy is not something you want to go through alone. However, it’s something you can use to your advantage. If you’re unsure of whether you are eligible, if you should choose Chapter 7 or Chapter 13, and how best to protect your assets, consult with an experienced Georgia bankruptcy attorney.


Georgia Chapter 7 Bankruptcy or Debt Consolidation?

According to Wikipedia, a useful resource for some terms, “Debt consolidation entails taking out one loan to pay off many others.” The company gives you a large loan and you start paying them instead of  creditors. If it sounds flawed already, you’re doing well. While filing Chapter 7 bankruptcy in Georgia is not always your best option – Chapter 13 or negotiating yourself being others – it has some major advantages in comparison to debt consolidation.

Why use debt consolidation?
There are few circumstances where you should consider consolidation. These companies do little you cannot do yourself. If you filed bankruptcy, you would either be completely free of the debt or be able to pay on a fair time table.

Is bankruptcy always the best option?
Sometimes you can negotiate with creditors yourself rather than filing bankruptcy or using debt consolidation. Say you have a $4,000 credit card debt over year head with interest rates climbing and creditors calling. You do not have enough money to pay off this debt, but you do have a job. Instead of using debt consolidation to combine all your monies owed, you might contact the creditor and explain to them how you won’t be able to pay. Creditors want their money, even if it’s over a long period or for less. If you file Chapter 7 bankruptcy, they may get nothing. You can use that. If you have a minor debt, a Chapter 7 bankruptcy may be unnecessary.

When is Chapter 7 bankruptcy best?

For Georgia residents, where unemployment and foreclosure rates are climbing, Chapter 7 bankruptcy has numerous advantages. If you owe a lot of unsecured debts – monies owed on credit cards and to hospitals, most commonly – Chapter 7 is almost always your solution. As long as you don’t make too much money, you can discharge any amount of debt. You owe $50,000 in credit, $40,00 in medical, and cannot keep your $150,000 mortgage going; Chapter 7 bankruptcy is a good option here. It’s not easy, which makes hiring an experienced lawyer a crucial part of the process.

Why not debt consolidation?
You get one bill every month and you lower interest rates; that is how it’s supposed to work. Debt consolidation gives you little legal protection, but bankruptcy does. If you have secured debt – monies on your home and car for example – debt consolidation can do little, as it’s designed for unsecured debts. But you pay less, right? Wrong, you typically pay more on the debts over time because of interest.

Who can help?
Debt consolidation is an option, but for Georgia home owners, it does nothing. If you’re unemployed and owe tens of thousands, you may have no way of paying the monthly fees. If you’re still unsure, contact an experienced Georgia bankruptcy attorney. In most situations, a Chapter 7 or Chapter 13 bankruptcy can save the most money and protect most of your property.


7 Ways Bankruptcy Helps Georgia Families

Peace of Mind
When you file bankruptcy, it’s rarely an easy time. If the stress of bills is simply too much, remember bankruptcy may protect your family in uncertain times. Peace of mind is hard to come by when credit cards are maxed, medical bills are coming in, foreclosure is looming, and your income is falling. If any of these apply to you, you might consider protecting your family – and your mind – by filing a Chapter 7 or Chapter 13 bankruptcy.

Second Chance
Bankruptcy gives you a second chance financially. There is a common myth that by filing you are ensuring it will be impossible to get lines of credit and loans. Some even think bankruptcy means, because of the terminology, that all your assets will be “liquidated” and taken away from you. Yes, bankruptcy does hurt your credit score and your credit opportunities, but you’ll likely be better able to pay off loans without huge bills. Some creditors actually prefer someone who has just discharged debt than someone who has tens of thousands in outstanding bills.

Protect Assets
In Georgia, bankruptcy exemptions can protect your personal property up to a point, sometimes completely. If you file Chapter 7 bankruptcy, yes, you stand to lose some items if you cannot pay on them. On the other hand, you can best protect your assets – especially if you own many – by filing Chapter 13 bankruptcy.

Medical Coverage

If you lack medical coverage, it can seem like playing Russian Roulette with the future. A large number of Americans and Georgia residents lack medical coverage, so when they get hurt, the bills start coming in. You can discharge this debt with Chapter 7, or pay on it over time with Chapter 13. Medical debt is the most common reason for filing bankruptcy.

Protect Income

If you want to avoid having your wages garnished, cutting into money you need to pay your mortgage and buy the family food, bankruptcy stops all collections against you – including any wage garnishment appeals.

Protect Home
While you may have some difficult protecting your Georgia family home, bankruptcy gives you the opportunity to either discharge the debt or pay on the home and keep it. There are some exemptions involved to best protect your home. Foreclosures are very common in Georgia; almost 1 in every 250 homes are being foreclosed upon every month. You can take advantage of exemptions and file Chapter 13 to best protect your home.

Keep Car
All families need ways to get around, even in big cities. So being able to take your children to school, to drive to get groceries, to go to work every day – these are important. A bankruptcy can protect most all your assets, including your car.




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