High Medical Debts are Forcing Me Into Bankruptcy

Each month millions of Georgia residents look at their bills with a sense of anxiety. For many they will see bills such as car loans, credit card payments and housing, including a mortgage or rent payment that is due. Of course there are other types of debts such as student loans, retail storing financing, among others. For thousands of Georgia residents, the previous items are all small compared to high medical debts that they owe. For these residents, the thought a medical debt bankruptcy is very real.

Overcoming High Medical Debts:

It is not easy to overcome high medical debts. Often these debts can go into the tens-of-thousands, if not hundreds-of-thousands. When a medical debt reaches this level, it is often the largest debt that a person has. Very often these debts can have higher obligations than even a person’s home, which traditionally has been known as a person’s largest asset.

A 2007 survey cited that 78% of those filing for bankruptcy filed partly due to illness or the among of debt that resulted because of an illness. This makes medical debts one of the most common reasons people file for bankruptcy. For a person that has survived cancer treatment or another long and costly medical battle, the victory of feeling better physically is often replaced with depression of how the resulting medical expenses will be paid.

Medical Debts and Bankruptcy Lawyers:

Speaking to a bankruptcy lawyer is a good option for a person with high medical debts. When you speak to him, make sure to include your medical expenses. Since these expenses can be so high, it is a critical part of the basic information that you bankruptcy lawyer needs to know. He’ll also need to know what types of secured debt and unsecured debt that you have. Your current income will also be a variable in potential options. If bankruptcy options are available, he’ll let you know. He’ll be able to explain why he is recommending a Chapter 7 or Chapter 13 bankruptcy.

If you are facing high medical debts, consider contacting the lawyers at Berry & Associates. We’ve helped over 20,000 Georgia residents with bankruptcy. We understand how the law can be used for medical expenses in a Georgia bankruptcy filing.

Filed under: Bankruptcy Information — Tags: , , — admin @ 7:57 am

Common Georgia Post-Bankruptcy Problems

Whether you file Chapter 7 or Chapter 13 bankruptcy in Georgia, you may be worried about what happens after you file. You won’t be able to get a credit card. You will still owe money. You won’t be able to get a loan. You might have trouble making ends meet. Well, some of these problems have a basis in fact, but some are myths. You can always rebuild credit. You should owe little to nothing. You might have to rebuild your credit before getting a loan. And you may have to be thrifty for some time in order to get new credit cards and loans. But you can get a fresh start.

There are many pitfalls you can avoid when you file for bankruptcy help. After you file, some big decisions need to be made. If you make the right choices – and follow the advice of this guide – you can avoid many post-bankruptcy problems.

Bad Financial Planning
Just because you file bankruptcy does not mean all your problems will go away. Nor will you be able to spend money freely or ignore how you created these problems. Poor financial planning is a leading cause of second and third bankruptcies. You discharge a debt, then go and create a new one. If you can change how you spend money – and budget what you have – you stand to save a lot.

Rebuilding Credit
Another problem people have is in rebuilding credit. Some are taken advantage of by credit repair agencies. These agencies are almost always a dead end. They tend to bend the rules or flat out lie to you about how they can help. In other words, they take advantage of you. Your credit needs time to be repaired. There are no secrets. You might get a secured credit card and slowly improve your credit score. You might start spending money on cards and paying them off immediately. If you follow common sense, you can rebuild your credit.

The Wrong Credit Cards
In order to rebuild your credit, you are going to have to get some credit cards. One common problem people have is getting cards with high interest rates and then spending too much on them. Or you sign up for a plan after hearing some pitches, only to find out about monthly fees you simply should not pay or some other way to take your money. Creditors want money too. They can take advantage of you, so be careful in what credit cards you sign up for.

Using Chapter 7 Correctly
If you are going to file Chapter 7 bankruptcy, do so the right way. You stand to save tens of thousands of dollars, but this is not a get out of jail free card. Sometimes the debts are not your fault, but what you do after a bankruptcy filing can change your life. If you can save money, rebuild your credit, and budget what you have, you can get a fresh start.

Filed under: Bankruptcy News — Tags: , , , , , , , , , , , — jmalewitz @ 5:57 pm

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.

Filed under: Bankruptcy Information — Tags: , , , , , , , — jmalewitz @ 3:53 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

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

Before You File Georgia Chapter 13, Read This

Why not file for Chapter 7 bankruptcy instead of Chapter 13? Before you start making decisions, there are some key points you need to know. First, let’s talk eligibility for Georgia filers.

Bankruptcy Eligibility
For Chapter 7 filers, you have to be below the median income for Georgia. For Chapter 13 filers, it’s uniform: your secured debts cannot exceed $1,010,650 and your unsecured debts must be lower than $336,900. Secured debts are items such as your home and car, where the creditor can take if no payment has been made. Unsecured debts are different in that the creditor has no leverage on you via assets, such as with a credit card or medical bills.

Changes in the Bankruptcy Code several years ago instituted new eligibility requirements, which tend to change based on income and debts. The numbers for Chapter 13 will change again in a few years, as that’s how it works. The changes have made it more difficult to file Chapter 7, making Chapter 13 more common than before.

Why File Chapter 7?
For Georgia residents with little to no income and minor assets, Chapter 7 is much better. It can discharge credit and medical debts of high amounts. If your problem is you don’t have enough money and that may not change – perhaps because of a job loss – you are likely eligible for Chapter 7. The good news here is you often lose nothing, though your credit will be hurt for several years and if you intend to buy a new home or car soon you may have some trouble.

Why Chapter 13?
Georgia residents who have an income, perhaps a home and car, can utilize Chapter 13 bankruptcy in a different way. For one, you pay back some if not all the debts, but you also gain some benefits. It’s been talked about quite often on the Georgia Debt Law blog, and it should be repeated: Chapter 13 is your best option to avoid foreclosure, keep all your assets, and sometimes to avoid wage garnishments. If you file Chapter 7, your assets can technically be liquidated, though that’s not common. But if you have an expensive home you’ve been paying on for 10 years, you may want to avoid losing it. In this and similar cases, Chapter 13 is very smart.

Making the Decision
Bankruptcy isn’t always your best option, but at the least you can sit down and talk with professional counsel about all your options. You may be able to pay these debts yourself. However, if you fear medical or credit card bills will ruin you, hiring a lawyer for Chapter 7 bankruptcy is smart. If you fear home foreclosure, hiring a bankruptcy lawyer to help with Chapter 13 can save it.

Before you file bankruptcy, the best choice you can make is hire a professional Georgia bankruptcy lawyer.

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

Fear On Bankruptcy and Solving Problems

Fear of bankruptcy, whether it’s filing or appearing in court, can quite often be nightmarish. However, bankruptcy court works to help citizens, not punish or hinder them. The main goal is to give you a fresh start financially, or to buy you more time before foreclosures and repo-men.

There are many details to filing bankruptcy, and much that can happen outside of your control. You may or not be eligible for a specific bankruptcy, you may lose nothing or you may lose a lot, you may lose your home or you may save it–these are all decisions made in court based on your situation. It’s understandable to have some fears, but the more you know the  less you have to fear.

The good news is most bankruptcy filers, especially Chapter 7 bankruptcy filers, lose practically nothing. And successful Chapter 13 filings can often give you the extra time to put your finances in order. So who decides what of yours is sold? It’s not really based on the fact you deserve it or you don’t. It depends on your current assets and what you owe.

The first step to stopping fear is to hire an experienced lawyer.

Who should you hire?
Who you hire may have a bigger effect on your bankruptcy than you know. Just in 2009, over 1 million people filed bankruptcy. The majority hired bankruptcy lawyers, opting to go with experience. The problem is the number of lawyers who specialize in bankruptcy make one lawyer taking on 10 if not more cases a reality. You should hire someone who can help influence the court decision by turning in correct paperwork, spend adequate time with you, never misses a court date, and can educate you on how you should act.

What decisions are made in court?
Many decisions are made out of court, but once you file for bankruptcy, many processes go into motion. If you file Chapter 7 bankruptcy, you will appear in court briefly and most likely be done. In Chapter 13, which can be a longer process, you appear for a longer period.

You can expect questions in court. The following may be asked by the judge.

Do you own a home?
Have you transferred any property?
Do you have the right to sue anyone for bodily injury?
Have you listed all of your debts and assets?
Are you expecting to inherit money shortly?

In chapter 13 filing, you will likely be asked more questions. But it still takes only 10-15 minutes and you’re done.

Are you eligible?
The court does make the decision on whether you are eligible. It depends on your state. If you’re a Georgia resident, your income levels must be lower than the state median income. This varies depending on how large your family is. Look to this POST for more info on eligibility in Georgia.

What will you lose?
Most bankruptcy filers happily lose nothing. For instance, in the majority of Chapter 7 cases, where a trustee liquidates your assets, you lose nothing. In and out of court, the decision will be out of your hands.

What does the Trustee do?
The trustee’s job is to first make sure you are eligible, and second to ensure your documents are correct.

What happens upon successful filing?
In Chapter 7 cases, your discharge occurs only a few months after a decision. In Chapter 13, you are in it for the long haul–3-5 years.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 8:10 pm

Bankruptcy in Georgia

The good news is Georgia foreclosures and bankruptcy rates, though still a problem, are starting to look better. In 2009, Georgia and more specifically Atlanta had some of the highest rates of foreclosure in the country. And bankruptcy, sometimes as an effect of foreclosure, was common.

This is not to say filing bankruptcy is always to be avoided. In tough economies, when you lose your job, when a foreclosure is close and you want to save your home — these are some of the many cases where filing bankruptcy can be beneficial.

So how do you declare bankruptcy in Georgia?

Some of it’s the same as all other states, but depending on where you live, you’ll either file in Georgia Northern Bankruptcy Court, Georgia Southern Bankruptcy Court, or Georgia Middle Bankruptcy Court. If you live in Atlanta and want to file Chapter 13 or Chapter 7 bankruptcy, for example, you would go to the Georgia Northern Bankruptcy Court.

Now that you know where to go, it’s time to find out how to actually file and successfully declare bankruptcy.

Collect Personal Financial Information
First, you want to collect certain personal information. For personal bankruptcy, you need to show financial information, secured and unsecured debts, tax returns for the last two years, deeds to real estate, car titles, and loan documents.

You may be wondering, what are secured and unsecured debts? Secured debts are debts you have with collateral such as your home and car; unsecured debts are other debts such as credit cards where there is no home or car to be used as collateral on the debt.

Complete Bankruptcy Forms
At this next stage, you should consult with an experienced Georgia bankruptcy attorney in your area. You want one who specializes in personal bankruptcy. Why? You will have to complete some complex bankruptcy forms; you can write them yourself, but it might be wise to hire a professional so you don’t make mistakes. You will also be paying the fee for personal bankruptcy — either $299 for Chapter 7 or $274 for Chapter 13.

File with Local Bankruptcy Court
The next step after filling out all the necessary forms is to file with the court. This is the easiest step. And after you reap the benefits of bankruptcy.

After Filing
The best part of filing personal bankruptcy is what’s called an “automatic stay,” which goes into effect after you file with the Georgia court. Creditors can no longer contact you regarding claims on debts. For Chapter 7, a trustee will be appointed to liquidate your assets and pay off creditors; in most cases, you lose nothing, but some do lose assets such as a home and car. For Chapter 13 bankruptcy, the automatic stay is much more powerful. This is because if you can catch up with the mortgage payments and stay on time paying them, you don’t have to worry about being evicted. In Chapter 7, you do get several months time, but you will likely have to find a new residence.

Who You Should Hire
This may all sound complex, and it filing bankruptcy can be. With the help of an experienced Georgia bankruptcy attorney, you can create the best strategy for you. You have a very good chance of losing absolutely nothing, and pay a small price for all the benefits. If you’re considering filing, don’t wait too long; hire an experienced bankruptcy attorney today.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , — jmalewitz @ 12:51 pm

Before You Hire A Georgia Bankruptcy Attorney, Read This

Filing personal bankruptcy can be advantageous, but also very scary. You’re placing your financial future on the line so you can avoid losing everything you own.

Just what form of personal bankruptcy should you file?  What forms are you eligible for? How much will it cost? And what should you look for in a Georgia lawyer?

This post helps.

Forms of Personal Bankruptcy
Since foreclosure is less common in Georgia than some other states, but since unemployment is still relatively high, there are many choices to make in filing bankruptcy. An experienced Georgia bankruptcy attorney can help you, but first you need a quick education on the subject.

Chapter 7 bankruptcy is the most common, but in Georgia eligibility can be a problem. Chapter 13 bankruptcy is very good for home owners, but if you’re unemployed, you may have trouble filing.

Chapter 7 bankruptcy can in fact eliminate all your credit card debt, and many lose practically nothing in assets sold. Chapter 13 can in fact save your home from foreclosure, and you can get more time to pay other bills as well.

Eligibility for Bankruptcy
If you make too much you may not be eligible for Chapter 7. The general rate is the median income for  Georgia residents. Here is a breakdown.

1 Georgia Resident: Yearly Income $40,691
2 Georgia Residents: Yearly Income $55,258
3 Georgia Residents: Annual Income $61, 104
4 Georgia Residents: Annual income $68,502

If you make more than these numbers, you have to file Chapter 13. Most people are eligible for this.

If you have more than $360,475 in unsecured debts and over $1,081,400 in secured debts you cannot file Chapter 13.

Lawyer Fees for Bankruptcy
Since filing personal bankruptcy itself is very cheap–$299 for Chapter 7 and $274 for Chapter 13–it’s also good to get a barometer on lawyer fees. These do vary depending on experience. You should, as a rule of thumb, contact several and ask for general rates and if they charge for initial consultations. The general rates for most personal bankruptcy is higher than filing fees, usually between $1,000 and $2,000.

You Can’t Afford a Lawyer?
Filing bankruptcy is a tough task to do alone. You should really consider how you can put the money together. Factor in how much money you’d lose if this bankruptcy failed. For instance, what if you have $20,000 in credit card debt? What if you were about to lose a $100,000 home?

In some cases, you can’t afford a bankruptcy attorney. But in most instances, they’ll be able to work with you, especially if you are working or have an income.

Filed under: Bankruptcy Information — Tags: , , , , , , , , , , — jmalewitz @ 11:23 am

What Happens in Georgia Bankruptcy Court?

How does the Georgia bankruptcy court work? Bankruptcy, by federal law and the bankruptcy code, allows for debtors relief from bills. The current bankruptcy code for personal bankruptcies involves only Chapter 7 bankruptcy and Chapter 13 bankruptcy.

What Chapter 7 bankruptcy Means To You
Chapter 7 bankruptcy is a liquidation process designed to eliminate debt by appointing a trustee to liquidate your assets.

What Chapter 13 Bankruptcy Means To You
Chapter 13 bankruptcy, now more common than in the past years with new bankruptcy codes for income limits, essentially is about paying back your debt only over a longer period.

What happens in Chapter 7 bankruptcy court?
Chapter 7 bankruptcy, beyond filing with courts, is actually a very simple court case where you have little direct involvement. It’s wise to hire a good Georgia Chapter 7 lawyer who can help you through the process. In most cases, you will rarely if ever have any involvement in the court proceeding. The only time you may be involved is when the is when an objection has been raised in the case.

What happens in Chapter 13 bankruptcy court?
Chapter 13 filers are more involved than Chapter 7 filers, but it’s still limited. You only have to appear before the court at a plan confirmation hearing. You really only have to be involved with the meeting of creditors, held at the offices of the U.S. trustee.

How Chapter 7 bankruptcy Helps
Typically, you will have no problems filing for bankruptcy beyond the future credit history it entails (bankruptcy stays on your record for 10 years). Chapter 7 filers will rarely lose major assets, will often be accepted unless you make too much money, and you’ll be discharged of debts in a  matter of months.

How Georgia Chapter 13 Bankruptcy Helps
Georgia Chapter 13 is more common because of bankruptcy code changes in the past decades; this includes all U.S. citizens and Georgia Chapter 13 filers. The most common benefit of filing Georgia Chapter 13 is saving your home from foreclosure. This is very common, especially in the economy in the U.S. the past 5 years and in the home owner problems many have had. If you file Georgia Chapter 13 bankruptcy, you can pay back debts over 3-5 years, including mortgage payments. But you must stay current on the payments.

How Georgia Bankruptcy Attorneys Can Help You
Bankruptcy is far more complex than filling out some documents and submitting to a court. Bankruptcy code changes from time to time. For instance, did you know Chapter 7 is off the table for far more filers than ever before? In order to successfully file, a good Georgia bankruptcy attorney is key.

Filed under: Bankruptcy Information — Tags: , , , , , , , , — jmalewitz @ 12:17 pm


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