I have $20,000 in Credit Card Debt, can I File for Chapter 7?

Credit card debt can be tough to rebound from, especially when the debt is a large portion of your annual income.

Question: I owe $20,000 in credit card debt. Can I file for Chapter 7 bankruptcy?

Answer: The ability to repay your credit card debt will involve several factors:

  1. Your income (weekly / monthly take home)
  2. Your total debt
  3. Your credit card minimum payment
  4. Your credit card interest rate
  5. Your other monthly expenses

Variable 1 – Your Income:
Your income is one of the biggest variables. It is alot easier for a person with a $75,000 income to repay $20,000 of credit card debt than a person with a $35,000 income.

Variable 2 – Your total debt:
In this case a $20,000 credit card debt may or may not be the big factor in determining if Chapter 7 is the best option. Other debt, including owning a home, a car and other goods. Under Georgia Chapter 7 bankruptcy you are allowed to keep just over $11,000 worth of goods, such as clothes, furniture, wedding bands and some electronics. In summary, you don’t want to have substantial valuable assets when considering if Chapter 7 is right for you. If you have assets that you are looking to protect, a Chapter 13 bankruptcy might be a better option. An Atlanta Chapter 7 bankruptcy lawyer will be able to tell you if Chapter 7 or Chapter 13 is best for you given your asset level

Variable 3 – Your credit card minimum payment:
Just keeping up with the credit card’s minimum payment can be a challenge. If the minimum payment is too high of a percentage of your monthly income, you may be in too deep. Also, if you can repay the $20,000 credit card debt over the course of 3-5 years, Chapter 7 bankruptcy might not be for you.

Variable 4 – Your credit card interest rate:
Your credit card interest rate can mean thousands of dollars over the course of repayment. You’ll want to both know what the interest rate is and how it is calculated. You might be able to negotiate a lower interest rate, thus avoiding a potential bankruptcy or transfer part or all of the debt to another credit card under more favorable terms. Credit cards are typically the highest interest rate a person has.

Variable 5 – Your other monthly expenses:
If your other monthly expenses are high, paying back the $20,000 credit card debt may not be possible. Your bankruptcy lawyer will discuss these other expenses with you and help frame how you can benefit from seeking bankruptcy protection.

With 20 years of experience and over 25,000 cases assisted, Berry & Associates is one of the most experienced group of Atlanta bankruptcy lawyers. Call us, or search the site to find a bankruptcy lawyer.

Filed under: Bankruptcy Information — Tags: , , , , , , — admin @ 9:30 pm

I’m $30,000 in Credit Card Debt, is Chapter 7 Right for Me?

Is there a right time to file for personal bankruptcy? Each person filing for bankruptcy has a unique story, a unique set of circumstances and a unique financial goal. A chapter 7 bankruptcy, also known as a straight bankruptcy, can be a useful tool for a person with high unsecured debt and low assets.

Example: A person owns $30,000 in credit card debt, rents an apartment
In this example the credit card debt is unsecured and since the person rents, instead of owning a home, he may find a Chapter 7 bankruptcy to be an appropriate route. This example also assumes that he does not have substantial valuable assets.

Exception: The person bought a home with 3.5% down in an FHA loan in 2009.
In this example the person has property, which could be at risk to be liquidated. While specific examples can vary, the person in this example likely does have a lot of equity in his property because of 1) he put 3.5% down and 2) the market have been flat, if not decreasing in most of Georgia since 2009. He may be a Chapter 7 candidate. Some areas have gained in value since 2009. Should his property value be higher, not underwater, and he has other valuable protectable assets, he may want to look at other bankruptcy options such as filing for Chapter 13.

What can I keep?
For those that file for a Georgia Chapter 7 there are some items that they can keep. Currently a person can keep just over $11,000 worth of goods, including household goods, clothes, furniture, wedding bands and some consumer electronics such as a personal computer.

Who isn’t a good candidate?
If you own a home with high equity, are a landowner, or have substantial assets and could cover a 3-5 year structured debt repayment plan, Chapter 7 may not be for you. For those in this situation, a Chapter 13 bankruptcy might lead to a better overall financial outcome. Check with you bankruptcy attorney if you have questions.

What’s Next?
Bankruptcy is a tough decision. Fortunately options exist to provide people with a new financial start. Since each situation is different, you may want to contact a bankruptcy lawyer before proceeding with a filing. A law firm such as Berry & Associates has the experience with a personal bankruptcy cases, including Georgia Chapter 7 claims. Contact us online or give us a call to see how we can help.

Filed under: Bankruptcy Information — Tags: , , — admin @ 7:09 am

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

Discharging the Most Atlanta Debt with Bankruptcy

If you want to discharge the most of your debt, this action guide gives you tips to eliminate the most debt, including medical, credit, and mortgage debts.

Know Your Rights
You have a right to file bankruptcy as a U.S. citizen, a right to a fresh start. Sometimes you may not be eligible for bankruptcy, but you always have some options, and almost always have the right to file either Chapter 7 or Chapter 13. Living in Atlanta is unique, but the major benefits are universal. You can discharge credit and medical debt with a Chapter 7 bankruptcy; you can protect your home from foreclosure while paying on other debts with a Chapter 13 bankruptcy.

Educate Yourself
Research may not have been your most enjoyable part of school, but it’s really not that hard these days. You can go directly to U.S. government web sites for rules and regulations on bankruptcy. You can read valuable information on blogs just like this on. You can stop by the library, ask for materials, and find magazine articles and books explaining exactly how to solve your debt problems. Did you know, for example, that the “automatic stay” stops all collections against you for some months, whereupon you can discharge the debt causing it? That’s some of the valuable info you can get on this blog, on government sites, and at the library.

Georgia Bankruptcy Eligibility
If you want to discharge debt with a  bankruptcy, you need to know your eligibility. Here on Georgia Debt Law, we go over eligibility rules weekly. If you make too much money as an individual or family, you may have to file Chapter 13 bankruptcy instead of Chapter 7. If, on the other hand, you owe hundreds of thousands if not millions in unsecured and secured debts, you may be ineligible for Chapter 13 bankruptcy.

Chapter 7 to Discharge Debt
Chapter 7 bankruptcy is effective for Atlanta residents who simply cannot keep up with interest rates and penalties. There is no limit on how much credit card, medical, or mortgage debt you can discharge. As long as you do not make a more than average income, you can be free of that huge credit card debt, that impossible medical debt, or that mortgage you cannot keep paying on.

Chapter 13 to Discharge Debt
Chapter 13 bankruptcy, though used less than Chapter 7, has some major benefits too. You are technically still “discharging” your debts, but by paying on them over time. You might save your Atlanta home too, a major benefit, by stopping a foreclosure before it begins.

Atlanta Bankruptcy Lawyer
In Georgia, unemployment is over 10%, higher than the national average. If you walk down past 250 homes, one will go into foreclosure this month, if not more. These problems can be life changing, but you have rights, and you have options. While you can forgo hiring an Atlanta bankruptcy lawyer, he or she can ensure you discharge the most debt and protect the most property. And a good one should charge a fair fee, from $1,000 to $2,500.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , — jmalewitz @ 1:46 pm

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.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 1:21 pm

Timing, Money, And Atlanta Chapter 7 Bankruptcy

Bankruptcy solves problems. Thousands in Atlanta file successfully every year at the right time and save money. How much money? You can discharge most if not all your credit, medical, contract, and personal debts owed.

Though rare, a creditor can appeal your decision for being discharged of a debt. Since most filers make less than the average Georgia income, the amounts discharged are not necessarily huge. But cases of tens of thousands in credit card debt to hundreds of thousands in medical debts (common with lack of coverage) can and often are discharged at no cost to the filer.

For Atlanta residents stuck with debt, the good news is if you time this right, you can save quite a lot of money. You obviously save money by not having to pay these debts. This is no loophole; if you are eligible, you can save thousands of dollars.

Timing is important. If within the past six months you made more money than average for Georgia individuals or families, you cannot use Chapter 7. If you have enough disposable income, along with more money coming in from a job, you may be forced to file Chapter 13.

Because Chapter 13 has its own inherent advantages, consulting with legal help is smart. While many Atlanta families fall within the income limits for Chapter 7 bankruptcy, in some cases a Chapter 13 filing may be necessary or more effective.

Timing is also important on what debts you owe, what you do with what money you have, and what debts you can discharge. For example, you might be expecting an impossible-to-pay medical bill to come in because you lost your job and lack coverage. In this case, timing is critical to discharging the debt. If you file before the bill comes, you will not be able to discharge the debt. If you wait long enough, if possible, until you get the bill, it can save you a lot of money.

Thousands of Atlanta residents and over 1.5 million U.S. citizens have successfully used bankruptcy to discharge or repay debts in the pasty year. The great majority of these are Chapter 7 bankruptcies.

The reasons are clear: jobless rates and the mortgage depression have hurt many individuals and families. More have filed in the past 12 months since last July than filed bankruptcy in the 12 months before that. The numbers are up almost 20%.

What does this mean to you? Filing bankruptcy is not always about whose at fault and who spent too much money. Bankruptcy is part of the system, and a fact of life. If you have a family, if you just lost your job, if you fear losing your home to foreclosure, it’s time to speak with an Atlanta bankruptcy attorney.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 2:12 pm

How Bankruptcy Helps Georgia Families

Bankruptcy can help Georgia families in many ways. It’s quite often the smartest financial decision you can make as a family when bills are coming in, interest rates are killing you, and relief is needed. This blog post will highlight your bankruptcy options, find out if you’re eligible, go over  the best reasons to file for bankruptcy, and also give tips on finding legal help.

Your Georgia Bankruptcy Options
You can file either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Both have unique advantages, though sometimes you’ll not be able to file one, if not being eligible to file at both (which is rare, but happens). Chapter 7 helps families with immense debts impossible to pay. Typically credit card and medical debt puts families in a bad spot, and bankruptcy can discharge these debts. Chapter 13 is a debt repayment plan buying you and your family time to catch up on bills; it also protects your home from foreclosure.

If you are making a reasonable amount of money, you have a home and car, and your debts are just out of control, Chapter 13 can help you manage these debts while also ensuring you keep your home and car. If paying your debts is impossible, Chapter 7 can discharge these debts. It does depend on eligibility.

Family Eligibility for Bankruptcy
Chapter 7 bankruptcy eligibility in the state of Georgia is, like other states, based upon your income and the median income. For one person, the annual income limit is $40,546; for a family two it’s $55,061; for a family of three its $60,887; for a family of four it’s $68,258; and after that you add another $7,500 per additional family member.

For Chapter 13 bankruptcy, you can make as much money as you want. Your eligibility  is based on your secured and unsecured debts. If your unsecured debts exceed $336,900, or if your secured debts exceed $1,010,650, you are not eligible for Chapter 13. Unsecured debts are debts like credit and medical bills, with no asset or property involved. A secured debt is debts like your home and car, which can be taken if you fail to pay. All State laws are the same for Chapter 13 eligibility.

Why File Bankruptcy?
Filing Chapter 7 bankruptcy can literally save you from losing everything. If you have a minimal income, if you or your spouse recently lost a job, if you just got an unexpected huge medical bill, often your best option is to be free of this debt instead of spending years paying on it. Yes, bankruptcy will hurt your credit and ability to get loans, but in reality you can rebuild by following some simple steps.

Chapter 13 bankruptcy on the other hand can protect your home from foreclosure. If you make too much money for Chapter 7, you may think Chapter 13 is less effective. In some ways, this is true, but Chapter 13 can better protect you if you own a lot of properties and assets. If you’ve spent thousands on your home and car, losing them is a scary option.

Who can help?
For Georgia families, bankruptcy is a step in the right direction. If you are unsure if your financial position merits filing for bankruptcy, if you want to know whether you’re eligible, if you want to protect your assets, or if you have an impossible bill, consulting with an experienced Georgia bankruptcy lawyer can help.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 3:20 pm

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.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , — jmalewitz @ 1:09 pm

Common Debts Georgia Residents Can Discharge with Bankruptcy

Historically, Georgia has not only been in the top 5 for bankruptcy filings, but also Georgians have been subject to low credit scores. But the good news is, Georgia foreclosures are going down, unemployment seems to be slowing, and bankruptcies are helping many get a fresh start.

A common question we hear is, what common debts can be discharged by filing bankruptcy? The advantage of bankruptcy, especially personal Chapter 7, is that you can eliminate the majority of your debts in a matter of months. However, you must be eligible, certain debts cannot be discharged,and you may lose assets.

What common debts can be discharged?
In some cases, you can discharge almost all of your debt. There are some debts you cannot discharge, including: taxes, alimony, and child support. However, you can technically discharge your mortgage, car payment, credit card debt, medical bills, and some other debts you owe.

Bear in mind, when you discharge debts, it’s not a free deal. While most of the time you can discharge debts, those debts come with a price. If you discharge your mortgage, your home will most likely be taken. If you cannot stay current on your home, you may have no other choice. If you discharge your car, technically this can be sold as well. This is Chapter 7 bankruptcy law, so let’s go over that and how Chapter 13 can help you.

Why file Chapter 7?
Chapter 7 bankruptcy is a liquidation. The biggest benefit is getting a fresh start. You may lose some if not many assets, but in most cases you lose nothing and discharge thousands if not tens of thousands in debt. If you file Chapter 7, creditors have no more reason to contact you. A common Georgia debt is credit card debt, and with Chapter 7 bankruptcy you can discharge all your debt for a minor loss.

Why file Chapter 13?
Chapter 13 bankruptcy on the other hand has the opposite effect: you do not liquidate your property. You want to keep your property in most cases. Sometimes you may not be eligible for Chapter 7 and be forced to file under Chapter 13. Why? If you make too much, the current Georgia median income is how this is factored in, you won’t be eligible for chapter 7.

Now, Chapter 13 has many advantages. You’ve been paying off your home for years if not decades. You love the place, but fear foreclosure is on the horizon. Now is the time to act, because if you wait to long and the bank forecloses, you have little choice but to let them take it. If you act beforehand, if you hire an attorney and file under Chapter 13, you can save your home and car. This works well if you have the money, a job, and can afford to keep up with the payments. Chapter 13 allows you to pay debts over a 3-5 year span, keep your car and home, and rebuild your finances.

Why not do nothing?
In some cases, people do nothing because they have nothing. While this strategy may seem odd, it does work in some cases. If you have lots of debt but few assets, it’s an option. However, most will want to take action immediately. Doing nothing can be very dangerous, though it’s an easy step.

What should you do? We recommend you consider your personal bankruptcy options, hire a lawyer, and immediately act to protect your financial future.

Filed under: Bankruptcy News — Tags: , , , , , , , , — jmalewitz @ 1:24 pm


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