Advantages and Disadvantages of Chapter 7 Bankruptcy for Atlanta Residents

Filing Chapter 7 bankruptcy liquidates your assets to pay back debt, and discharges the majority of your debts. If you have large medical bills, credit card debt, or any other debt you have no way of paying back, Chapter 7 bankruptcy can help.

For Atlanta residents, filing any kind of bankruptcy has advantages and disadvantages. This post highlights the main advantages and disadvantages of filing Chapter 7 bankruptcy in Atlanta. You should also be aware of Chapter 13 bankruptcy, and how it’s different from Chapter 7 bankruptcy. Contacting a Georgia bankruptcy attorney can help you understand the details.

Time of Filing
You typically file Chapter 7 bankruptcy and get debt discharged within 3-6 months. That’s timely for those under pressure of major debts. You will be debt-free except for certain debts like mortgage, car payments, and other nonexempt items.

Debts Discharged
Most of your debts will be discharged, including credit card debt. You often won’t lose your house, but you still have your mortgage.

No Payments to Creditors
You can stop paying creditors, which often stops harassment. This helps rebuild your finances. If creditors continue to harass you, you can direct them to your attorney.

Keep Most Property
While you can technically lose some property, most Atlanta residents lose a minimum of property after Chapter 7 bankruptcy. You can’t technically clear all your debts, and you might lose your home, but the misconception is that Chapter 13 is better because you keep all your property.

Chapter 13 Bankruptcy In Atlanta
While Chapter 13 bankruptcy is now more common for Atlanta residents and US citizens, Chapter 7 bankruptcy does more than buy you time. You can discharge the majority of your outstanding debts.

Disadvantages for Chapter 7 bankruptcy should be noted. You cannot lose certain type of debts, such as mortgages, student loans, most taxes, and unpaid child support.

Also, you may not be eligible for Chapter 7 bankruptcy in Atlanta. With recent laws, if you now have enough income to do a repayment plan via Chapter 13 bankruptcy, the courts can now take Chapter 7 off the table. It does matter on how much you make, your monthly expenses for things like child support, tax debt, secured debts such as mortgages and car loans, and other forms of debt.

Chapter 13 bankruptcy clearly has advantages too, but if you’re problem is that you simply cannot pay back all your debt, whether it’s medical bills, credit card debt, or other forms of debt, Chapter 7  bankruptcy is the answer.

For Atlanta residents, choosing between Chapter 7 and Chapter 13 bankruptcy can be tough. The best decision you can make is hiring professional Atlanta bankruptcy lawyer who can tell you 1) what you qualify for and 2) help you through the entire process.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , , , — jmalewitz @ 2:46 pm

The Atlanta Debt Options – Bankruptcy and Counseling

You’re about to file bankruptcy. You don’t know the first steps, how it will help, what you might lose, and all your options. The best answer is to hire an Atlanta bankruptcy attorney who can walk you through these steps, advise you on how to handle creditors, and help give you a fresh start.

This guide isn’t an alternative to getting some form of professional debt counsel, but it’s a good start.

Collection Agency Harassment
You have many options when it comes to dealing with creditors. Many, for example, file Chapter 7 or Chapter 13 bankruptcy and hire a bankruptcy attorney to handle creditors. This is simple: you hire an Atlanta bankruptcy attorney with knowledge, ask him/her to handle your creditors, and direct your creditors to the attorney every time they call.

There are other forms of harassment which can be more serious, especially if you’ve yet to file bankruptcy, your outstanding debt is growing, and creditors are calling you on a daily basis. You do have rights.

Steps on Handling Harassment
You can hire an Atlanta bankruptcy attorney to go through this with you, but here are your options if the harassment continues.

The Federal Fair Debt Collection Practices Act (FDCPA) holds collectors responsible for their actions. Creditors cannot: harass you, use abusive language, use false or misleading statements, add charges, and many other forms of harassment which will likely be obvious.

Also under the FDCPA, you can file for creditors to stop contacting you ever unless they’re giving up or suing you. You make a request in writing for this step.

Choosing Atlanta Bankruptcy
If you’ve been dealing with creditors, you now see the benefits of filing bankruptcy. You can often get them to stop. However, filing Chapter 7 or Chapter 13 bankruptcy as an individual is not always your best option. This too is where counsel can help you decide.

If creditors are harassing you, that shouldn’t be the main  reason you file. For one, sometimes they can continue, and secondly, there are easier alternatives such as filing under the FDCPA.

You can also negotiate with these creditors. Often they will get nothing if you file Chapter 7 bankruptcy, and will be more willing to negotiate. It depends on whether what you owe is exempt or nonexempt.

Repayment Plan
You have even more options for Atlanta bankruptcy. If you want help to handle creditors, a nonprofit credit or debt counseling agency can help you repay these debts correctly. Many, for instance, may be paying back the wrong debts or aren’t doing the most with what money they have. A credit or debt counseling agency can guide you through your options, and you can still file for bankruptcy if you feel none of these options are working.

Filing Bankruptcy in Atlanta
There are many benefits of filing for bankruptcy too. It’s a good option for those with outstanding debts that are impossible to pay back. If you’re afraid of losing everything, hiring an Atlanta bankruptcy attorney is your best choice.

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

5 Tips on Filing Bankruptcy in Atlanta, Georgia

With the rate of bankruptcies growing, it’s more common than ever for Atlanta residents to fall behind on home and car payments, not to mention basic living expenses. Then, a new bill arrives, or you lose your job, or a medical emergency occurs.

When should you file for bankruptcy in Atlanta?Should you hire an Atlanta bankruptcy lawyer immediately? And what possessions can you save? There are few definitive answers except in the rules of filing placed by the federal government. These are the same, technically, for everyone, but few of us have the exact same problems.

Read the following tips to help you make the bankruptcy decision.

1- Learn Your Options, Atlanta Chapter 7 and Chapter 13 Bankruptcy
You have two options in most cases for bankruptcy, Chapter 7 and Chapter 13. It’s important to know the differences if you file for bankruptcy in Atlanta. For one, Chapter 7 clears the majority of your debts within 4-6 months. Chapter 13 bankruptcy will not cancel most debts, except perhaps 2nd and 3rd mortgages, but it’s advantageous because you can hold onto more property. For example, if you fear home foreclosure, Chapter 7 bankruptcy might not help, but with Chapter 13 bankruptcy you can negotiate to save it or buy yourself more time to save it.

2-Alternatives to Filing Bankruptcy in Atlanta
There are some alternatives to filing bankruptcy in Atlanta, namely negotiating with creditors and working with debt counseling. If you are sick and tired of creditors calling your home, you can technically get help without filing bankruptcy. And it must be stated, just because you file bankruptcy does not mean creditors will always stop harassing you. If you work with a debt counseling agency, you can expect many benefits in repayment plans and also not have a bankruptcy on your record.

3-Save Your Home After Filing Bankruptcy in Atlanta
In some instances, filing bankruptcy in Atlanta is your best option. If you file Chapter 13 bankruptcy, you can buy time to repay past payments and also negotiate with creditors. The most helpful part is that you can often cancel 2nd and 3rd mortgages. Chapter 7 bankruptcy may cancel your debt, but you would also risk losing your home.

4-Credit Cards and Creditors
Filing Chapter 7 bankruptcy can cancel credit card debt in a matter of months, as well as some other personal debts. There are some, such as taxes and alimony, which won’t be cleared. Once you file bankruptcy, you can direct creditors to your lawyer. They can still contact you after you file, but it’s wise to have your lawyer handle them,

5-Hiring Professional Atlanta Bankruptcy Lawyers
If you want to file for Chapter 7 or Chapter 13 bankruptcy, hiring a professional bankrupt lawyer is one of the most important decisions you will make. A knowledgeable bankruptcy attorney in Atlanta can explain the options, the details of Chapter 7 and  13 bankruptcy, help with documentation and creditors, and also make your best case in court.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 10:50 pm

Facing Foreclosure? How to File Bankruptcy in Georgia to Save Your Home

One of the biggest problems home owners may face is the unexpected loss of their residence. It’s after all what you put all your work into. So when your Georgia home faces foreclosure, how can you save it? Can you buy yourself time to get new shelter, save the home, or negotiate on the mortgage? By filing bankruptcy in Georgia, you can not only buy yourself time, but negotiate to save your home from foreclosure. This guide shows you how to file bankruptcy in Georgia to save your home.

How Georgia Bankruptcy Can Help
Once you get behind on mortgage payments, the lender has the option to start the foreclosure process. Unless you can negotiate, they can sell your house at a public auction to pay off your debts. This is the nightmare scenario, but there are many ways around it.

The best news is you have time. The foreclosure process in Georgia, as in all other states, takes months. If you choose to file bankruptcy, that will buy you even more time. Chapter 7 bankruptcy is for those who know they cannot save their home and need time to find a new residence; it will typically buy you several months. Georgia Chapter 13 bankruptcy, on the other hand, is your best choice if you believe you can save your home from foreclosure. How? The court will issue the “Order of Relief” which includes an automatic stay. This process in essence stops creditors from collecting against you, and even better, will postpone any sale.

Let’s go over the basic rules of the automatic stay.

Automatic Stay
You can typically expect 3-4 months of extra time if you file for Chapter 7 or Chapter 13 bankruptcy in Georgia. That’s plenty of time to decide what your best options are. However, the creditors still have options. It’s wise to find a professional Georgia bankruptcy attorney to help you through the next steps.

The creditors have the option to submit a motion to lift the stay. This means they can foreclose and sell your home several months earlier. You typically still get about 2 months of time to deal with the situation. Also, you want to make sure you file for Chapter 7 or Chapter 13 bankruptcy in Georgia as soon as possible, because the longer you wait the shorter time frame the court will delay the foreclosure. If a foreclosure process was started, and you wait over 2 months to file with the courts, the creditors have the option to only wait a month before selling the home.

Georgia Chapter 7 and 13 Bankruptcy Help
It’s clear there are a lot of technical details in the process. Your best choice is to immediately find a Georgia bankruptcy attorney who can go over these options with you. For some, filing Georgia Chapter 7 bankruptcy may be wise, canceling debts. But if you want to fight for your home, a Georgia bankruptcy attorney can help you successfully file Chapter 13 bankruptcy.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 8:59 pm

Foreclosure Notices Soar In Atlanta

There were 10,357 foreclosure notices published in February for the 13-county Metro Atlanta area, up 27 percent from January and 34 percent from February 2009.

Alpharetta-based Equity Depot released the numbers in a report today, according to a post by Henry Unger in his “The Biz Beat” on the Atlanta Journal Constitution’s Web site.

I guess the brief slowing in January’s numbers was the calm before the continuing of the storm that is devastating neighborhoods across Atlanta.

Filed under: Economic News — Tags: , , , , , , , , — Rob @ 2:29 pm

Filing Personal Bankruptcy in Duluth, Georgia

Map of Georgia highlighting Gwinnett County
Image via Wikipedia

Thousands of Georgia residents have faced an unexpected financial crisis through job loss, home foreclosure, high medical bills or unexpected death or divorce. Many Duluth residents have found relief by filing bankruptcy in Duluth. If you are considering filing bankruptcy in Duluth, Georgia, you can contact a Duluth bankruptcy lawyer for help.

Filing Chapter 7 bankruptcy in Duluth may allow you to discharge all or a portion of your debt within four to six months. Filing Chapter 13 bankruptcy in Duluth may allow you to reorganize your debt payments with a 3 to 5 year repayment plan.

Filing bankruptcy is a serious financial decision and should not be considered without contacting a Duluth bankruptcy attorney. It is time to stop avoiding creditor calls or worrying about losing your home. Let a Duluth bankruptcy lawyer help you decide if bankruptcy is right for you.

Filing Chapter 7 Bankruptcy in Duluth

Filing Chapter 7 bankruptcy in Duluth is a simple, inexpensive and fast way to eliminate financial debt. Not everyone will qualify to file bankruptcy so it is important to contact a Duluth bankruptcy lawyer who can perform the proper means testing to evaluate a filer’s eligibility.

If a Duluth resident qualifies for Chapter 7 bankruptcy their bankruptcy attorney can file the bankruptcy petition in court. The petition includes information about the filer’s debts, exempt and non-exempt assets and a list of their creditors. The court evaluates the petition, schedules the creditor’s meeting and assigns a trustee to liquidate the filer’s non-exempt assets. Filing Chapter 7 in Duluth discharges most or all of the filer’s debts by allowing the trustee to sell the assets and use the proceeds from the liquidation to pay the filer’s creditors. All remaining non-exempt debt is then considered discharged.

Filing Chapter 13 Bankruptcy in Duluth

Filing Chapter 13 bankruptcy in Duluth is not a liquidation of assets for the purpose of discharging debt, but is instead a reorganization of debt under a new restructured debt repayment plan. The bankruptcy repayment plan is a three to five year plan, often with more favorable repayment options. Filing Chapter 13 bankruptcy in Duluth may allow the filer to stop home foreclosure, wage garnishments and property repossession.

To qualify for Chapter 13 bankruptcy the filer must have a steady income source to make the required bankruptcy payments. Filers also can not have unsecured debt which is greater than $269,250 or secured debt which is greater than $807,750.

Personal Debts Not Eliminated By Filing Personal Bankruptcy in Duluth

Certain personal debts are not eliminated by filing bankruptcy in Duluth, Georgia. Non-exempt assets are outlined in federal bankruptcy laws and are the same for all states. Filing Chapter 7 bankruptcy or filing Chapter 13 bankruptcy in Duluth does not eliminate the following debts:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Duluth
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy
Filed under: Bankruptcy Information — Tags: , , , , , , , — admin @ 12:31 pm

Personal Bankruptcy in Gainesville

If you are considering filing Chapter 7 or Chapter 13 bankruptcy in Gainesville, Georgia, you are not alone. Last year thousands of Georgia residents suffered severe economic hardships due to an unexpected medical crisis, job loss, home foreclosure or divorce. No one wants to file bankruptcy, but there are financial situations which make it a good option for getting a fresh financial start.

Filing Chapter 7 bankruptcy in Gainesville may allow Gainesville residents to eliminate most or all of their medical bills and credit card debt. Filing Chapter 13 bankruptcy in Gainesville will not immediately discharge debt, but it may allow the filer to create a more favorable three to five year repayment plan.

Before filing bankruptcy it is important to discuss all of your financial options with a Gainesville bankruptcy lawyer who understands federal bankruptcy laws and can help you decide if Chapter 7 or Chapter 13 bankruptcy is right for you.

Filing Chapter 7 Bankruptcy in Gainesville

Filing Chapter 7 bankruptcy in Gainesville discharges certain types of unsecured debt by liquidating the filer’s non-exempt assets and using the money from the liquidation to repay their creditors. This liquidation is done with the assistance of a court assigned trustee.

To begin the Chapter 7 bankruptcy process the bankruptcy petition must be filed in bankruptcy court. The petition provides information to the bankruptcy court about the filer’s creditors, debts and assets. The court reviews the petition and if is approved, the court schedules the 341 Creditor’s Meeting. Chapter 7 bankruptcy and the dismissal of debt can generally be completed within four to six months after the bankruptcy petition is filed by a Gainesville bankruptcy lawyer.

Filing Chapter 13 Bankruptcy in Gainesville

Filing Chapter 13 bankruptcy in Gainesville does not discharge debt immediately, but the filer can work with their Gainesville bankruptcy lawyer to develop a repayment plan which spans three to five years and may have more favorable repayment terms.

Chapter 13 bankruptcy is not a “liquidation” but a reorganization of a filer’s debts and may allow for the filer to keep their home and other property. This can be very beneficial for filer’s who have assets they do not want to sell.

Not all Gainesville residents qualify for Chapter 13 bankruptcy. Filers must have a steady income which they can use to meet the obligations of the repayment plan. They also can not have secured debt which is more than $807,750 or unsecured debt which is more than $269,250.

Personal Debts Not Eliminated By Filing Personal Bankruptcy in Gainesville

All debts which are eligible to be discharged are outlined in the federal bankruptcy code. Filing Chapter 7 or Chapter 13 bankruptcy in Gainesville does not discharge all personal debts. Debts not discharged must be paid or creditors have the legal right to continue their aggressive debt collection efforts. Debts not discharged by filing personal bankruptcy in Gainesville include the following:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Gainesville
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy
Filed under: Bankruptcy Information — Tags: , , , , , , , , , — Rob @ 2:54 pm

Filing Personal Bankruptcy in Marietta

Marietta residents who need more information about filing bankruptcy in Marietta, Georgia, can contact a Marietta bankruptcy lawyer for information. Filing bankruptcy is a very important financial decision which can have negative long-term financial ramifications.

Many people are having difficult paying their bills and are facing home foreclosure. Filing Chapter 7 bankruptcy in Marietta may allow them to discharge certain types of debt within four to six months. Filing Chapter 13 bankruptcy in Marietta may allow them to create a more favorable three to five year repayment plan.

Is it the right time to file bankruptcy? It is tough to know the right answer to this question, but if you have suffered a medical crisis, divorce, death or unexpected job loss and can not regain your financial footing, filing bankruptcy in Marietta may be the right solution for you.

Filing Chapter 7 Bankruptcy in Marietta

Chapter 7 bankruptcy is considered a liquidation bankruptcy and can discharge most or all of the filer’s unsecured debt within four to six months (certain debts are not discharge by filing bankruptcy). Personal debt which can be discharged by filing personal bankruptcy in Marietta includes credit card debt and medical bills.

The first step in filing Chapter 7 bankruptcy in Marietta is to contact a Marietta bankruptcy lawyer. The Marietta bankruptcy attorney will file the bankruptcy petition in the appropriate bankruptcy court. The petition will provide the court a list of all of the filer’s creditors, debts and exempt and non-exempt assets. The bankruptcy court will review the petition, schedule the meeting of the creditors and assign a trustee to the bankruptcy case. The trustee is responsible for liquidating the filer’s non-exempt assets and using the proceeds from the liquidation to pay the filer’s debts.

Filing Chapter 13 Bankruptcy in Marietta

Filing Chapter 13 bankruptcy in Marietta does not liquidate the filer’s assets and repay the creditors, but instead allows a reorganization of the filer’s debts. The filer and their Marietta bankruptcy lawyer can create a new, restructured repayment plan to pay the filer’s creditors within three to five years. In some cases the repayment schedule may allow for more favorable repayment options.

Filing Chapter 13 bankruptcy is not available for all Marietta residents. To file Chapter 13 bankruptcy in Marietta, the filer must have a dependable income source to make the required bankruptcy payments. The filer also can not have secured debt which is greater than $807,750 or unsecured debt which is greater than $269,250.

Personal Debts Not Eliminated By Filing Personal Bankruptcy in Marietta

Filing Chapter 7 bankruptcy or Chapter 13 bankruptcy in Marietta will only eliminate debt which is defined as dischargeable under federal bankruptcy law. Dischargeable debt is the same for all of the states. Filing bankruptcy in Marietta, Georgia, does not discharge the following debts:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Marietta
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy
Filed under: Bankruptcy Information — Tags: , , , , , , , — Rob @ 2:57 pm

Filing Personal Bankruptcy in Atlanta

Thousands of Atlanta, Georgia, residents are unable to pay their bills or meet their financial obligations due to the economic downtown. If you are facing home foreclosure or unable to pay your credit card bills you are not alone.

No one wants to have to file bankruptcy and it is a difficult decision which should only be done after your other financial options are exhausted, but filing bankruptcy in Atlanta may allow you to dismiss most or all of your unsecured debt or develop a repayment schedule to repay your debt and allow you to make a fresh financial start. If you have questions about filing bankruptcy in Atlanta, an Atlanta bankruptcy attorney is available to answer your questions and help you determine if you can file Chapter 7 or Chapter 13 bankruptcy.

Filing Chapter 7 Bankruptcy in Atlanta

Filing Chapter 7 bankruptcy in Atlanta may allow a filer to eliminate or discharge most of their unsecured personal debt. Dischargeable debts are determined by federal bankruptcy law (not all debts are eligible for discharge), but qualifying debt may include medical bills and credit card debt.

The first step in the Chapter 7 bankruptcy process is to contact an Atlanta bankruptcy lawyer who can determine through the bankruptcy “means test” if the filer is eligible to file Chapter 7 bankruptcy in Atlanta. If they are, the Atlanta bankruptcy attorney can file the bankruptcy petition in the appropriate bankruptcy court. The petition contains a list of the filer’s debts, non-exempt and exempt assets and the names of their creditors.

The bankruptcy court will review the petition, schedule the 341 Creditor’s Meeting and assign a trustee to sell the filer’s non-exempt assets and take the money from the sale and repay the filer’s creditors. Most debt is discharged within four to six months after the petition is filed.

Filing Chapter 13 Bankruptcy in Atlanta

Chapter 7 bankruptcy is a liquidation of assets. Chapter 13 bankruptcy is a reorganization of debt. One benefit of filing Chapter 13 bankruptcy in Atlanta is the filer may be able to retain their property and stop home foreclosure. Filing Chapter 13 bankruptcy may allow them to avoid selling their assets, and instead, allow them to restructure their debt payments over a three to five year payment period.

Not all residents can file Chapter 13 bankruptcy in Atlanta. Filers will need a steady income source to qualify for Chapter 13 bankruptcy and can not have secured debt exceeding $807,750 or unsecured debt exceeding $269,250.

Personal Debts Not Eliminated By Filing Personal Bankruptcy in Atlanta

Filing Chapter 13 bankruptcy or filing Chapter 7 bankruptcy in Atlanta does not discharge all personal debt. Debts not eliminated by filing bankruptcy are documented in federal bankruptcy law and are the same for all states. Filing bankruptcy in Atlanta, Georgia, will not eliminate the following personal debts:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Atlanta
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy
Filed under: Bankruptcy Information — Tags: , , , , , , , — admin @ 1:35 pm

Who is filing bankruptcy?

Interesting question, isn’t it? In my experience, there is a broad spectrum of people filing bankruptcy in Atlanta. But the people at FancyStats.com have created a graphic with demographic data showing that the average person who filed bankruptcy in 2008 was a married Caucasian, between 35-44 years old, with a high school diploma, who made less than $30,000 a year.

I think you can find more diversity in the numbers than that, so I included their graphic so you can make a decision for yourself.

Filing bankruptcy demographics 2008

Reblog this post [with Zemanta]
Filed under: Bankruptcy Information — Tags: , , , , — Rob @ 10:29 am


Ready to Get Help?

Complete the Contact Us Form below and we will call you right away to answer your questions about Bankruptcy. Don't Wait -- Find out if Filing Bankruptcy is your best option today!

Free Bankruptcy Case Review

Name:
Phone:
Address:
Zip Code:
Email:
How Can We Help?
Older Posts »


Talk with an experienced bankruptcy attorney today to evaluate your financial situation for free.

Call us toll free at 1-800-414-3328 or from Atlanta Metro area at 404-235-3328