attorney cumming ga

Bankruptcy Attorneys

Financial problems are not an indication of personal failure, but arise as a result of a wide variety of circumstances. Working together, we can help to put you back on your feet so you can get a fresh financial start. We have extensive experience in helping people find debt relief through both Chapter 7 and Chapter 13 bankruptcy proceedings, and we can do the same for you.

bankruptcy cumming ga

We Stop Collection Actions

Stop collection actions, including lawsuits, foreclosures, wage garnishments, telephone calls, repossessions, and collection letters, by filing for federal bankruptcy relief. Once a bankruptcy petition is filed, an Automatic Stay takes affect which prohibits your creditors from taking any further action to collect from you, without obtaining bankruptcy court permission first.

Types of Bankruptcy in Georgia

Chapter 7
Chapter 13

Chapter 7 Bankruptcy

Discharges unsecured debt entirely:

  • credit card debt
  • personal loans
  • tax debt
  • utility bills
  • medical bills
  • child support
  • court fees
  • payday loans
  • alimony
  • student loans
  • personal injury debts
  • business debts

Chapter 7 bankruptcy relief is often referred to as a liquidation. When you file for Chapter 7 relief, you are allowed to keep specific items of personal property, like a car or home, with a certain amount of equity. These are called your personal property exemptions, which you keep while wiping out your debt.

Feel free to bring the following documents to your initial bankruptcy consultation. These documents will help us determine if you qualify for Chapter 7 bankruptcy protection.

  • Bills and letters received from debt collectors
  • Notices of any pending lawsuits
  • Most recent pay stubs
  • Previous two years’ tax returns
  • Real estate deeds, mortgage letters
  • Car, truck, motorcycle, boat and motor home titles
  • Life insurance policies
  • Current credits and debts
  • Bank statements

Chapter 13 Bankruptcy

Consolidates secured and unsecured debt:

  • home mortgages
  • car loans
  • boats
  • credit card balances
  • medical bills
  • child support
  • alimony
  • student loans
  • personal injury debts

Chapter 13 bankruptcy is more like a debt consolidation program and is designed for people who have an income but need additional time to catch up on their payments. It allows you to consolidate existing debt and pay it off over time, under supervision of the bankruptcy court. This is particularly useful when Chapter 7 bankruptcy is not an option, or you owe past-due income taxes or mortgage payments. In some cases, we can negotiate with your creditors to reduce the total amount owed on debts.

When to File for Chapter 13 Bankruptcy instead of Chapter 7 Bankruptcy

Here are a few circumstances in which Chapter 13 bankruptcy protection should be filed instead of Chapter 7 bankruptcy protection:

  • You have too much income to file for Chapter 7 bankruptcy
  • The primary debts you owe cannot be discharged but can be spread out to provide relief each month
  • You own your home and have more than $21,500 in equity ($43,000 if married and filing a joint Chapter 13 bankruptcy)
  • You are behind on your mortgage payments and require additional time to catch up on them

Save your car, your house, and your income by filing for federal bankruptcy relief. There is no magical number of debts or maximum income level to “qualify” for bankruptcy. If there is not enough money at the end of the month to cover the minimum monthly debt payments, let alone pay down the principal balance, you should consider bankruptcy. Most importantly, you may go through a bankruptcy without giving up your car, home, household furnishings or personal belongings.

We are Georgia bankruptcy attorneys who will explain and guide you through the process in a simple straight-forward manner. Handling a bankruptcy yourself can result in mistakes that may negatively affect your property rights in a dramatic way. The services of an experienced bankruptcy lawyer can be invaluable to you and your family – helping you find the optimal solution to your financial situation, whether through bankruptcy or otherwise.