What is a Bankruptcy Repayment Plan?

Many consumers facing a personal bankruptcy opt for a repayment plan. In Georgia, people work with a bankruptcy attorney to create a repayment plan that will help to protect their home from foreclosure and keep non-exempt items.

Question: What is a Bankruptcy Repayment Plan?

Answer: A repayment plan is another way of describing a Chapter 13 personal bankruptcy plan. In this type of scenario you would work with a Berry & Associates lawyer to create a 3-5 year plan that would allow you to pay off your debts. At the end of the plan you would receive a discharge. This plan is often used when a person is trying to save a home from foreclosure.

Notables in a Chapter 13, aka a Bankruptcy Repayment Plan:

A bankruptcy repayment plan will stop the foreclosure process and allow you to catch up on past due mortgage payments over the course of 3-5 years. In a Chapter 13, you will also be able to get back in control of your finances and to ‘do the right thing’ when it comes to repaying your debt. Unlike a Chapter 7, a Chapter 13 bankruptcy can allow you to maintain possession of certain types of properties. These options will be discussed when you talk to your bankruptcy attorney.

Have questions about a bankruptcy repayment plan? Contact the lawyers at Berry & Associates to discuss your situation and if a repayment plan is the best option for you.


Fulton County Leads June 2011 Georgia Foreclosures

Earlier this month RealtyTrac announced that Georgia was 6th in US foreclosures for June 2011. This data is dramatic with the Atlanta area leading the state of Georgia in foreclosure actions. Fulton County had 1,235 foreclosure actions in June 2011. This impacted that 1 out of every 360 homes. Fulton County primarily covers the city of Atlanta.

While the Fulton County numbers are high, residents of other counties are also being severely impacted by tough economic times. For example, Clayton County had 437 actions in June, but unlike Fulton where 1 out of every 360 homes were impacted, Clayton saw foreclosure actions in the county affect 1 out of every 246 homes. To the north of Atlanta, Cherokee County proportionally was much better, seeing 1 out of 287 homes affected.

Thousands of Homes in Metro Atlanta:

Other than Fulton County, other heavily populated counties in Georgia saw high foreclosure actions in June. While Fulton saw 1,235 foreclosure actions, DeKalb County saw 936 and Cobb County saw 763. One of the most heavily impacted counties was Gwinnett County with 1,129 foreclosure actions or 1 out of every 256 homes.

Foreclosure & Bankruptcy Considerations:

Declaring bankruptcy is an option many people facing foreclosure consider. Any bankruptcy lawyer will likely agree that simply declaring bankruptcy will not prevent a foreclosure by itself. Other actions and filings often are required to help provide maximum potential that you home will not be lost. If you have questions about how bankruptcy can affect your home and a potential foreclosure, contact a local Berry & Associates office and request a free consultation.

Quick Links – Finding a Local Berry & Associates Office

Below is a list of our bankruptcy offices in Fulton, Gwinnett, Cobb and Clayton.

Fulton County Berry & Associates Atlanta Bankruptcy Lawyer
2751 Buford Highway
Suite 400
Atlanta, GA 30324
Tel: (404) 235-3328

Gwinnett County Berry & Associates Duluth Bankruptcy Lawyer
3235 Satellite Blvd.
Building 400, Suite 300
Duluth, GA 30096
Tel: (404) 425-5181

Cobb County Berry & Associates: Kennesaw Bankruptcy Lawyer
125 Townpark Dr.
Suite 500
Kennesaw, GA 30144
Tel: (404) 425-5184

Clayton County Berry & Associates Jonesboro Bankruptcy Lawyer
7183 Jonesboro Rd.
Suite 100
Morrow, GA 30260
Tel: (404) 425-5183


GA Foreclosures are 6th Highest in US

Some troubling news for Georgia homeowners came out recently. 11Alive reports that Georgia had the 6th highest foreclosure rate in the U.S. for the first half of 2011. The news was originally compiled by RealtyTrac’s Midyear 2011 Market Report. The the high national foreclosure rate is bad, there may be some good news in it as well for those facing a potential foreclosure.

Georgia had 60,870 foreclosures in the first half of 2011. Georgia foreclosures were down 15.4% from the same period of 2010.

Georgia’s year over year decrease of 15.4% is lower than the national average of 29%

Nationally there were 1,170,402 foreclosure filings in the first half of 2011.

“Foreclosure” is being defined by RealtyTrac as a default notice, scheduled auction or bank repossession

Foreclosures Actions Drop 15.4% Year over Year:

Georgia’s foreclosure rate is down, which many would think means that the housing market is getting better. In reality, foreclosures are down because of procedural delays. This is resulting in pushing foreclosures out. It is estimated that approximately one million foreclosure auctions that should have taken place in 2011 will be pushed into 2012, if not later.

If you are facing a foreclosure, the time to act is important. Some options may be available, but it will depend on your situation and your current outstanding debt. If you haven’t already, now is the time to contact an experience bankruptcy attorney. Your Georgia bankruptcy attorney will be familiar with the bankruptcy code and how it can be applied to your financial situation.

Give Berry & Associates a call. Whether you are near Duluth, Newnan, Dalton, or Conyers, there is a local office near you. We have 11 metro bankruptcy law offices that you can schedule a free consultation with.


Atlanta Foreclosures Starting to Slow, Drop 8 Percent

Is Atlanta rebounding in the housing market? Maybe. Signals are mixed currently, but a recent AJC news article gives some hope. 

  • January – June 2011 Foreclosure notices were 8.3 percent lower than January – June 2010 (56, 429 in 2011 compared to 61,524 in 2011).
  • While declines in foreclosure continues, new notices are still high

What does this news mean for the metro Atlanta residents? Signals are better than before. For example, more people are paying on time, which is good sign. Other signals are showing that financial institutions might be slowing the pace that they are foreclosing on as they determine how to handle the uptick in foreclosures from the last few years.

What does this mean for you?

Trying to stop foreclosure in Atlanta? If you’re facing foreclosure there are several options available both within the community and potentially through your lender. A final option that residents sometimes take is the option of filing for bankruptcy. A bankruptcy filing may help you avoid foreclosure on your Atlanta home, but this comes with several caveats.

  • Bankruptcy cannot be a Chapter 7
  • Bankruptcy must be a Chapter 13

7,374 Foreclosures: In June 2011 there were 7,374 foreclosure notices in the Atlanta region. This was the lowest in 2.5 years, and marked a 4th straight month of declines. That said, this is still a very high number.

Have a question about bankruptcy? Trying to rebuild your financial life? With 11 offices available in the metro area, there is a sure to be a local Berry & Associates office that can help with your metro Atlanta Chapter 13 bankruptcy questions and filing.


Is a Home Price Double Dip Coming to Atlanta?

Nationally a home price double dip has been confirmed according to CNN Money.

  • Home prices reach another new low
  • Home prices are down 5.1% in the first quarter 2011 from a year ago
  • Standard and Poor’s states this report confirms a double dip in home prices
  • Home prices are down 32.7% from its peak 5 years ago

The double dip is being observed across much of the nation, according to David Blitzer, spokesman for Standard and Poor’s. It is a little early to know how metro Atlanta will be impacted. Some counties in the metro area and North Georgia have been hit very hard with home price decreases in the last few years.

High numbers of foreclosures are flooding the market and driving down prices. This has resulted in decreases in new home construction and reductions in home prices on houses being sold that are not in foreclosure.

Foreclosure is a topic on the minds of many facing a potential bankruptcy. Contacting an Atlanta Chapter 13 attorney can help increase your chances of avoid foreclosure. He’ll explain your options, and if you qualify, he can help you file for Chapter 13 in Georgia. If this is a topic on your mind, it is important to talk to an expert and learn what you can do.

Will a double dip occur in Atlanta? Has one already occurred? In 2009 during the homebuyer tax credits a modest gain was observed. That gain has disappeared now that the homebuyer tax credits have expired. Metro Atlanta and North Georgia remain attractive places to move to, especially for those from up north, but moving here can be difficult when northern states are in such tough economic conditions. Selling a home is very difficult right now. For those that need to sell quickly, it is often happening at deep discounts. For others that are in long selling cycles they are too often facing the stress of a potential foreclosure.

Foreclosure can potentially be avoided, but you need to know your options and you need to have the right plan. For the moment, it looks like it is going to get worse before it gets better. Be as prepared as possible.


How Chapter 13 can Help Stop Atlanta Foreclosure

In the past the Berry & Associates bankruptcy blog has written about how to stop foreclosure in Atlanta. This is a topic very important to many filing for personal bankruptcy. If you have assets such as a home, the foreclosure procedure, and you’re strategy to navigate a foreclosure, becomes more important.

Fore homeowners considering a foreclosure, protecting their home is one of their top priorities. This can be done through Chapter 13 Georgia bankruptcy protection. According to Chapter 13 law you are restructuring your debt and working out a plan with your creditors. Your attorney will guide you through the system and the court will oversee the process.

The last few years have seen many instances of people in Atlanta going through a foreclosure. Fulton, DeKalb, Gwinnett, Cobb and Clayton counties, among others, have seen many of its residents fall on hard times and seek protection under bankruptcy laws in Georgia.

When you consider filing for a Georgia Chapter 13 bankruptcy, make sure you are going through a qualification checklist well. Before you proceed with filing for bankruptcy you want to make sure that is the best financial option available. You want to make sure that filing for bankruptcy will provide you with the level of protection that you are seeking. Your attorney will be able to help you with this.

If after reviewing your options it turns out that a Chapter 13 bankruptcy will accomplish what you are looking to achieve, then you will create a budget and submit it to the courts for approval. By doing this you are effectively restructuring your debts. Your attorney at Berry & Associates will help you with each step of the process, including filing the proper paperwork. Upon completing payment of the plan you will receive a full plan discharge.

Some exceptions can apply, but as you can see, it is very possible to file for bankruptcy protection in metro Atlanta avoid a foreclosure on your home.


Choosing Chapter 13 Bankruptcy Protection

Chapter 13 bankruptcy can not only protect your home but also buy you time on other debts. While the process has some disadvantages in comparison to Chapter 7 bankruptcy, choosing Chapter 13 is a very good move. This guide focuses on the best times to file for help, and how to benefit from your bankruptcy.

Your Right to Chapter 13 Bankruptcy
According to the legal resource NOLO, eligibility for Chapter 13 is based upon how much secured and unsecured debts you have. “Your secured debts cannot exceed $1,010,650, and your unsecured debts cannot be more than $336,90,” the site explains. Secured debts are debts for possessions, such as your home and car, where Chapter 13 bankruptcy is most effective. Unsecured debts are monies owed for items with no collateral, such as a credit card or medical bill. If your major problem is secured debts, and you want to keep your possession, Chapter 13 is best.

Your Chapter 7 Option
If on the other hand your problem is unsecured debts – for example, you owe $25,000 in credit card debt – then Chapter 7 may be your best option. You have a right to file Chapter 7 too, but this is based upon how much you make. It’s very possible to make too much money; if you make more than the Georgia median income as an individual or family, you will not be eligible.

Protecting Your Home
Chapter 13 bankruptcy protects your Georgia home when you are behind on payments and simply cannot keep up. If you have no way of getting current on your payments, Chapter 13 is smart. You can pay the back payments over the course of a debt repayment plan. In other words, if you’re falling behind, fear foreclosure, and want to keep your home, Chapter 13 can help by protecting your home.

Protecting Other Assets

Chapter 13 can also protect other major assets and help you catch up on other debts. Say you are a family of three, you and your spouse make $100,000 a year, but you cannot keep up with mortgage and car payments due to an unexpected medical or credit card bill. You cannot file Chapter 7 because you make too much money. In this case, Chapter 13 can buy your family time to pay on all your bills. Since you do have an income, you likely can reap the rewards of bankruptcy.

Finding Experienced Georgia Chapter 13 Bankruptcy Help

There are many decisions to be made when it comes to Chapter 13 bankruptcy. First and foremost is hiring an experienced Georgia attorney. It’s his or her job to educate you on the laws, to protect your home and other assets, and to ensure you can properly fund the repayment plan. You can find many good bankruptcy attorneys in Georgia by looking online. Or you can get a free consultation from us.


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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