Wednesday, June 21, 2017

Can I File Bankruptcy in Georgia Again if I Filed in the Past?

Because bankruptcy can be an immensely important tool to those experiencing financial issues, some people tend to think that once you file bankruptcy, you can’t file again. This simply isn’t true.
While every case is unique, the bankruptcy code permits people who have filed for bankruptcy in the past to file a new case. Of course there are time restrictions in place to ensure people don’t abuse the benefits of bankruptcy. The good news is that if you need to file bankruptcy again, you probably can, and our Atlanta bankruptcy attorneys at King & King can help you better understand how soon you will be eligible to file a new case.




Chapter 7 bankruptcy – If you filed for Chapter 7 bankruptcy in the past (which allows qualifying debt to be wiped away or discharged), you will need to wait 8 years before you can file another Chapter 7.  This may vary if you filed but were not granted a discharge.
Chapter 13 bankruptcy – The rules governing repeat filings under Chapter 13 are complex.  You may be able to refile your dismissed case, or file a new case after getting a discharge under Chapter 7 or Chapter 13, but the rules are complicated and you should discuss them with an attorney.  Call us for your free consultation.


Bankruptcy does have its advantages, and it can help you again if you’ve found yourself in debt you can’t pay back. Call the attorneys at King & King today at 404-524-6400 and let us help you get on the path to financial freedom. 

Thursday, May 25, 2017

Considering Bankruptcy? King & King Can Help.

Deciding to declare bankruptcy is a big decision. It can provide relief, but it can also be a complicated process. At King & King bankruptcy attorneys, we are here to offer unbiased information and support so you can make the best decision for your future. Here are three factors to review when considering declaring bankruptcy.



Which of your debts are causing most of your troubles?

If you’re thinking about filing bankruptcy, then you are aware of your financial troubles and are thinking about taking the first step to financial freedom. The next step is to decide which debts are really causing you the most trouble. If your struggle comes from credit card debt, then you’re likely to find that Chapter 7 bankruptcy works best for you.

On the other hand, if your main issues involve your home that’s in foreclosure or a car or truck that’s about to be repossessed, then a Chapter 13 bankruptcy is more likely to be the best option. It can help you with your secured debts, such as your home or vehicle.

The third option of course is that you’re dealing primarily with debts that don’t fall into either of these categories. They may be federal or state income taxes, student loans, or child or spousal support. In that case, call us to discuss a bankruptcy option that will work for you.

Can you afford your monthly bills?

Another big factor in how bankruptcy will work for you, and which type makes the most sense, is whether or not you’re able to pay your monthly bills. Start by figuring out how much your basic bills are, including rent or mortgage payment, groceries, utilities, etc. If you add those up and they’re more than your income, or about the same, then you’ll likely qualify for Chapter 7 bankruptcy.

If, however, you have quite a bit left in your budget after your monthly bills are figured in, then the bankruptcy courts may come to the conclusion that you can pay back a portion of your debts. In this case, you may end up with a Chapter 13 bankruptcy plan. Once again, call King & King to get help with your specific situation.

Are creditors currently attempting to collect?

Do you have creditors calling you, writing you, or even threatening action? Are your wages being garnished? If so, then it’s likely that you should at a minimum speak to a bankruptcy attorney. The good news is that as soon as you file bankruptcy, these debt collectors are required by law to stop all attempts to collect debt from you. This includes wage garnishments as well.


If you’re ready to take charge of your financial situation, then you’re ready to call King & King at 404-524-6400. At your free consultation we’ll go over your situation, explain your options, and answer your questions. Call us a fresh start today. 

Tuesday, May 16, 2017

Do You Need to Take the Means Test to Declare Bankruptcy in Georgia?

The Means Test is a complicated calculation that the Georgia bankruptcy court uses to ensure that bankruptcy cases are filed as the correct chapter. If you have an income that is higher than the median income level for your household, then the Means Test will tell you if you are eligible for chapter 7 bankruptcy.



Who is required to take the Means Test?

If you are a debtor that has an income that’s greater than the state of Georgia’s median income level for a household of your size, then you’re required to take the Means Test. In Georgia, the exact amount of the state’s median income level changes yearly and the amount increases depending on the amount of earners there are in a home. For exact numbers, contact King & King and ask for information about the current Means Test.  Do not worry: many people who are above the median income level for their household size may still “pass” the Means Test and be able to file a Chapter 7.  Have a skilled attorney help you complete the Means Test. 

Who isn’t required to take the Means Test?

If your income is below the Georgia state median then you don’t have to take the Means Test, you automatically qualify to file Chapter 7 bankruptcy.
There are others who don’t have to take the Means Test including disabled veterans, and men and women are on active duty with any military branch.

What should be simple sometimes isn’t – the Means Test can be complicated. There are actually a number of other issues that can affect it. For example, what exactly is income? And what expenses can be claimed? What if you have a special circumstance? These and other complexities of bankruptcy are the reason that working with a trustworthy bankruptcy attorney is so important.


Call King & King bankruptcy attorneys for your free consultation. We can discuss the best options for your unique situation and answer and questions you may have about the Means Test. Your fresh start can begin today 404-524-6400.

Wednesday, April 26, 2017

Three Tips For Financial Success After Filing Bankruptcy In Georgia

Once your bankruptcy has been discharged, you’ll have the chance to start fresh. At King & King, it’s true that we want to help you move forward with your bankruptcy, but we also want to help you set yourself up for future success. Here are three things we recommend you do once your bankruptcy has been discharged.



Have an accurate credit report

Two to three months after your bankruptcy has been discharged, request a new credit report. Make sure that each and every creditor who was discharged reported you with either a closed account or a balance of $0.00. If you see that there are errors, then you’ll need to contact the credit reporting agency in writing. When you do so, be sure to include evidence, like your discharge order.

When the credit agency receives this correspondence, they have 30 days to verify the information with the creditor in question. If the creditor can’t verify that the balance they’re showing is accurate, then the credit agency will remove the reporting. It’s also a good idea to contact the creditor in writing as well.

Rebuild your credit

Many people are surprised to learn that once their bankruptcy is discharged, they’re likely to get post-bankruptcy options from credit card companies. The best way to use these cards to improve your credit is to choose one card, use it for small purchases and repay it in full every month. This can be an effective way to start rebuilding your credit.

If you’re in need of a car, consider getting vehicle financing. Many financial companies will offer you credit even though you’ve just been through a bankruptcy. However, they may charge higher interest rates. To avoid this, you can add a cosigner. Rebuilding your credit can put you in a position to buy a home in as early as two years after filing bankruptcy.

Create a budget

Most people who hire King & King file bankruptcy because they’ve had something unforeseen come up, whether they lost their job, had unexpected medical bills, a death in the family, or some other unforeseen circumstance. Now that those issues are behind them, it’s time to get back on track and live within their means. This means taking into account having savings for emergencies, saving for retirement, and long term goals.

If you’re ready to declare bankruptcy, then we’re ready to hear from you.


When you work with the right bankruptcy attorney, you can trust that they’ll help you through the process from start to finish. That’s exactly what you’ll get with the attorneys at King & King. When you have your free initial consultation, we’ll be honest and upfront about your options and will offer our advice on how you can best move forward. Call us at 404-524-6400 today for more information.

Monday, April 24, 2017

How Does Lien Stripping Work In Georgia?

Filing for bankruptcy has the potential to eliminate many kinds of debts. However, debts secured by a lien are not always included. Chapter 13 bankruptcy can be used to eliminate or reduce different types of liens.



Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is a reorganization bankruptcy. The goal is to take the individual’s debts and restructure them into something more fair and manageable given their income and assets. Naturally, this includes a way to deal with liens.

Under Chapter 13, some liens can be reduced to the value of the collateral to which it attaches. This ensures that worthless liens do not get included in the reorganization plan.

To determine whether a lien can be stripped or crammed down, it is necessary to establish the value of the collateral and order in which the liens were placed. The first liens to be placed are the first to be paid. In the case of a home loan, the value of the collateral matters because you can only strip or cram down “wholly unsecured” liens, aka liens that are not supported by any portion of the value of the property.

Here’s an example of how lien stripping works:
Let’s say you owe $100,000 on a mortgage on a home now worth $90,000, plus an additional $10,000 from a home equity line of credit. There is no collateral securing that additional $10,000 lien because the entire worth of your home is bound up in that first mortgage. This is a perfect example of a lien that could be stripped with Chapter 13.


Lien stripping is a confusing topic. Fortunately, King & King bankruptcy attorneys can help. Calling us at 404-524-6400 for a free consultation is simply the easiest way to make sure you arrive at a correct understanding of the options available to you in your bankruptcy. 

Thursday, April 20, 2017

Four Options For Eliminating Credit Card Debt In Georgia.

Credit card debt can quickly become overwhelming. Fortunately, you don’t have to live with credit card debt forever. King & King can help you eliminate your debts and put you on a path to a brighter financial future.  Here are a few strategies for climbing out of credit card debt.



Make a Budget

If your credit card debt is growing but not yet overwhelming, and you have a steady income that is adequate to your needs, you may be able to get out of debt by creating a budget. Put a larger amount of your income towards your credit card balance until the card is paid off. For this strategy to work, put a hold on making any new purchases on your cards.

Consolidate Your Cards

If you have good credit, you may be able to sign up for a new card that offers 0% interest for an introductory period. Transferring your existing balances to such a card can be an excellent strategy for cutting down your credit card debt. If you can’t open a new card with a 0% interest rate, consider consolidating as much of your debts as possible onto whichever card has the lowest interest rate. This will enable you to reduce the rate at which your debt will grow while you attempt to repay it.

Work Out a Debt Settlement

If your credit card debt has already gone into collections, you can consider working out a debt settlement with the collection agency. If you can repay 50 percent of the balance within a year or two, the collection agency may accept your offer.

File Chapter 7 Bankruptcy

Chapter 7 bankruptcy will completely wipe out your unsecured debts including credit card debts and stop creditors from contacting you. You can typically complete a Chapter 7 bankruptcy without liquefying your personal assets. If you decide to pursue bankruptcy, be sure to hire a bankruptcy attorney to help you.


If you’re tired of living with debt, if you feel like there’s no way out but you need help, then today is the day to call King & King at 404-524-6400 for a free consultation. We are experts in helping people just like you find the best way to move forward from being overwhelmed with debt. 

Friday, March 24, 2017

Should I File For Bankruptcy In 2017?

Bankruptcy can be an excellent way to get a fresh start and a brighter financial future. If your debt is holding you back from pursuing your dreams or even just living a normal, stress-free life, you may want to consider filing for bankruptcy in 2017.

Here are some things to consider as you make your decision.



What Debts Worry You The Most?

Bankruptcy is effective on most types of debts. Before you file, you will want to discover if you can find debt relief with chapter 7 or chapter 13 bankruptcy.

If you are primarily burdened by credit card debt, medical debt, or other types of unsecured debt, Chapter 7 provides an excellent option for completely eliminating your debt. Another perk is as soon as your attorney files your case, the debt collectors will have to stop contacting you and instead go through your attorney.

If you are more worried about secured debts such as your mortgage or car payment, Chapter 13 can help. Chapter 13 can bundle these payments together with any unsecured debts you may have, allowing you to make one single payment per month as part of a 3 to 5 year court-approved repayment program. At the end of the program you will have the rest of your unsecured debts cleared and still get to keep the majority, if not all of, your property.  In many of these cases, you pay 0% of the debt owed to unsecured creditors, and they are wiped out, just like in a Chapter 7.

If you have student loan debt, back alimony, child support, or back taxes less than 3 years old, contact King & King to see if bankruptcy is right for you.


King & King has been helping people in Georgia for almost 40 years. If you are ready to take back your financial future, call us today for a free consultation at 404-524-6400 or visit us at www.kingandkingattorneys.com for more information.