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.


Foreclosure Postings Down For Atlanta Metro

The number of homes published this month for the foreclosure sale in February dropped in Metro Atlanta. The 8,181 notices are down 3 percent from notices published in January last year and 21 percent below the number of notices published in December.

The drop was the first in 14 months according to Alpharetta based Equity Depot, a company that tracks foreclosure notices published each month across the country.

Barry Bramlett, president of Equity Depot, told the Atlanta Journal Constitution that he was hesitant to say hat things were turning around until he saw better results from one quarter to the next, not month to month.

A record number of homes were threatened with foreclosure last year and economists expect the problems to get worse before they get better. According to a report published by RealtyTrac Inc, 2.8 million homes were threatened with foreclosure in 2009. The company projects that number could climb to between 3 million and 3.5 million homes this year.

Many homes that might have been pulled from foreclosure lists in efforts by the Federal government and states to help troubled homeowners. But banks have been slow to negotiate mortgage modifications, and have been even slower to make them permanent.

One way to stop foreclosure proceedings on your home is to file bankruptcy. Chapter 13 bankruptcy can give you time to make up arrears and delinquent payments on your mortgage.


Rev. Jackson In Atlanta To Protest Foreclosures

Around 50 members of Rainbow PUSH Coalition including the Rev. Jesse Jackson held a prayer vigil on the steps of the Federal Reserve bank in Atlanta yesterday.

Foreclosure rates in July were up 32 percent over last year’s numbers, according to RealtyTrac a California based firm that tracks foreclosures nationwide.

The group complains that taxpayers are footing the bill to rescue banks that are still foreclosing on homes in record numbers. Jackson complained to the Atlanta Journal Constitution that “we are watering the leaves, not the roots of the economy.”

Rev. Jackson may be right. Homeowners who are in danger of losing their home shouldn’t feel trapped or resigned. They should find an Atlanta bankruptcy attorney and plot a course to stop the foreclosure proceedings on their home.

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Bankruptcy In Atlanta Stops Foreclosure, Repossession

If you are facing mounting bills, constant, harassing calls from collections agencies and fear that you may be facing a home foreclosure or auto repossession, you may be wondering how to file for bankruptcy in Atlanta, Georgia. The first step is to consult with an experienced Atlanta bankruptcy attorney.

The good news is that in many cases, filing for bankruptcy will immediately stop foreclosure, repossession, and credit collections.  This is the result of the “automatic stay” provision, which automatically stops all creditor actions as soon as a bankruptcy has been filed. 

The changes to the bankruptcy law enacted in 2005 limit this provision in the case of second and subsequent bankruptcy filings.  As a result, if you are filing a second chapter 13 bankruptcy case within one year of the dismissal of your first, the automatic stay will only be in effect for 30 days after the filing of the new case. 

If your home is about to be under foreclosure, a chapter 13 bankruptcy filing will stop this process.  Remember that in Atlanta foreclosures take place on the first Tuesday of each month.  If your foreclosure is quickly approaching, you will need to coordinate this timing with the timing of your Atlanta bankruptcy filing. 

A chapter 13 bankruptcy filing also may stop vehicle repossession.  You will be able to verbally notify any repossession agent of your bankruptcy filing and retain your vehicle.  If your vehicle has already been repossessed, you may still be able to recover it as a result of your chapter 13 bankruptcy filing. 

Again, if this is a second or subsequent bankruptcy case, your ability to recover any of your possessions that have already been repossessed is limited. 

The automatic stay created by your bankruptcy filing may also suspend any pending lawsuits which have been filed against you.  This is true regardless of whether you file a chapter 7 or chapter 13 bankruptcy.




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