Georgia Bankruptcy Frequently Asked Questions
Does filing for Georgia bankruptcy protection stop creditors from calling me or contacting me directly?
Yes, immediately. After we file your petition for Georgia bankruptcy, your creditors are required to stop calling you and they must contact your Georgia bankruptcy attorney instead. We will provide you with a phone number to give to your creditors directing them to us. Once they have been notified, creditors are prohibited from contacting you at home, at work, or by cell phone. Once you have filed for bankruptcy in Georgia, your creditors will also be prohibited from contacting your friends and family members.
In addition, filing for bankruptcy will halt wage garnishments, end lawsuits targeting personal property, stop repossessions and foreclosures, and potentially even return previously garnished wages or repossessed property to you.
Will filing for Georgia bankruptcy save my home from foreclosure even if I have waited until the day before the sale?
Yes. A good Georgia bankruptcy lawyer can stop the foreclosure sale right up until the time it is scheduled to begin. However, we encourage you not to wait until the last minute because doing so can increase the risk of unforeseen circumstances that may prevent you from filing.
My car was repossessed yesterday. Will filing for Georgia Chapter 13 bankruptcy help me get my car back?
Yes. Your GA bankruptcy lawyers have 10 days from the day your car was repossessed to file for Chapter 13 bankruptcy, which under Georgia bankruptcy law allows you to retrieve your vehicle. You will be required to show proof of insurance before the vehicle is returned to you, however.
Can I keep my home, car, and other possessions after I file for bankruptcy in Georgia?
Yes. Georgia Chapter 13 bankruptcy enables you to reorganize your debt without surrendering your home, car, or other property. Your Georgia bankruptcy attorneys will negotiate affordable monthly payments on past due debts so that you can maintain ownership of your property, giving you 3 to 5 years to bring these past due balances current.
What is Chapter 13 Bankruptcy?
Georgia Chapter 13 bankruptcy is also known as a “wage earner plan” or a “debt reorganization.” As part of Chapter 13, your past due balances are consolidated and you agree to repay them over a period of 3 to 5 years in addition to continuing to make all current payments. Your monthly payment on the past due debts is determined by your income and expenses. Savvy bankruptcy attorneys in Georgia can often bring this repayment amount down to less than 10 cents on the dollar.
Can I buy or sell a home while I am in Chapter 13?
Yes, but a Georgia bankruptcy lawyer would have to bring a motion before the court. If you want to buy or sell a home while you are in Georgia Chapter 13 bankruptcy, we will be glad to help you through the process.
Will filing Georgia Chapter 13 bankruptcy help me with my IRS debt?
The short answer is yes, Georgia bankruptcy attorneys may be able to utilize Chapter 13 bankruptcy to address some portion of your tax debt. As we all know, tax law can be very complicated. We will review your tax debt with you and help you understand which portion may be dismissed and what portion will be addressed by the Chapter 13 reorganization.
Will filing Chapter 13 bankruptcy in Georgia help me with my past due child support obligation?
Past due child support is considered a “priority debt” by the new 2005 Bankruptcy Regulations. Your GA bankruptcy lawyers can include past due child support in your Chapter 13 filing, but it cannot be canceled. It will be consolidated with the rest of your debts and become part of the repayment plan as determined by the court.
What is Georgia Chapter 7 Bankruptcy?
Also known as “liquidation” or “clean slate” bankruptcy, Chapter 7 bankruptcy allows you to discharge (wipe out) most unsecured debt, such as credit card balances, medical bills, and even certain taxes. Some debts, such as child support, student loans, and recent taxes cannot be discharged through Georgia Chapter 7 bankruptcy.
Typically, people who file for Chapter 7 have no assets to protect and earn below the median income.
Can I file Chapter 7 bankruptcy in Georgia if I have assets?
Yes, in certain circumstances your GA bankruptcy attorneys can file a Chapter 7 bankruptcy in your behalf when you have assets. This is called “reaffirming” a debt. Under Georgia bankruptcy law you may be able to reaffirm secured debts, such as a car loan or mortgage, if you are current on your regular monthly payments and agree to keep them up-to-date. You can also choose to surrender these assets, in which case any past due balances will be discharged in your final Georgia Chapter 7 bankruptcy settlement.
How will filing for bankruptcy in Georgia affect my credit score?
Unfortunately, the damage is already done. Once you have any debt that is over three months (90 days) past due, a vehicle that has been repossessed, or a home in foreclosure, your credit score has already been damaged. Retaining a GA bankruptcy lawyer to file a Chapter 7 or Chapter 13 bankruptcy and successfully meeting all requirements and repayment obligations are the first steps to rebuilding your credit rating.
How soon will I be able to reestablish my credit after a Georgia bankruptcy filing?
A lot sooner than you might think. Many consumers can qualify for auto loans, credit cards, or home mortgages within months of filing when they follow the instructions of a good Georgia bankruptcy attorney. You may simply have to pay a higher interest rate than someone who has unblemished credit.
What is credit counseling? How do I enroll?
As part of the new bankruptcy law that was passed in April 2005, clients of Georgia bankruptcy lawyers must participate in credit counseling sessions as a provision of their bankruptcy application. In some cases, participants may even discover that there are other reasonable ways to pay off their obligations and avoid filing for bankruptcy altogether. Enrolling is easy - we offer counseling right here in our office.
How much will it cost to get my Georgia bankruptcy filing underway?
It may be kind of hard to believe, but in most instances, we can file your case for $75.00.
How many times will I have to go to court?
Most cases require no more than two appearances, and one of the best bankruptcy lawyers in Georgia will be representing you every step of the way.
What is a Georgia bankruptcy mill?
A “mill” is a large firm that files many cases. These mills are notorious for quoting one price initially and then tacking on additional fees as the case progresses. Firms such as these have a factory approach to the process, and their clients are little more than a number to them. Consumers who enlist their services do not get the personal attention that they are paying for, and their cases are often assigned to assistants rather than being handled by the attorneys themselves.
These practices can give the ethical bankruptcy attorneys in Georgia a bad name, and we want our potential clients to know that Law Firm is NOT a bankruptcy mill. You will be treated with the utmost respect and dignity when you retain our services. We set our standards for customer service very high and demand that every member of our staff adhere to those standards. And finally, we never charge fees that have not been agreed upon from the outset of our relationship with our clients.
- Stop Harassment
- Stop Repossessions
- Stop Foreclosures
- Keep Your Home
- Keep Your Car
- Keep Your Wages
