Monday, August 27, 2018

What Should I Do If My Wages Are Being Garnished?

What Should You Do If Your Wages Are Being Garnished In Georgia?

We understand wage garnishment causes serious hardship and make it impossible to get back on top financially. If you are currently being subjected to wage garnishment, bankruptcy could be a solution. Here are a few tips to help you stop wage garnishment.

When can your wages be garnished?

A creditor has to successfully sue you in court before they can obtain a wage garnishment against you. When that occurs, your creditor must then notify the sheriff’s office where you live and provide official paperwork proving the ruling against you. The sheriff’s office will then contact your employer, who must garnish your wages.

Will I be told in advance that my wages are going to be garnished?

In most cases you will know a wage garnishment is going to happen either by attending the hearing about your debt or by receiving a letter that a creditor has won a judgment against you. If you miss notification by the court you may told by your employer.

What can I do if my wages are garnished?

Your creditor will continue garnishments until your debt is repaid if you don’t take action. One effective way to immediately stop wage garnishments is to file bankruptcy. When you file for bankruptcy, you get an automatic stay, which stops all collections, including garnishments. If the debt is charged off or otherwise addressed during bankruptcy, the garnishment cannot be restarted, even when the bankruptcy ends.

At King & King bankruptcy attorneys we have been helping people in the state of Georgia stop wage garnishment for over 40 years. Call us today for a free consultation at 404-524-6400. We can help you get the fresh start you deserve.

Monday, August 20, 2018

What Happens to Unsecured Debts When I File Bankruptcy in Atlanta?

The main goals of a Chapter 7 bankruptcy case are to stop creditors’ collection actions against you and to discharge as many of your debts as possible. Creditor collections are stopped by the “automatic stay.” The automatic stay also stops home foreclosure, repossessions, and wage garnishments. When bankruptcy is filed correctly in Georgia, Chapter 7 bankruptcy discharges all “general unsecured debts.”

The good news is your Chapter 7 discharge can happen quite quickly. About 100 days after your bankruptcy lawyer files your case, the bankruptcy court enters a discharge order. The effect of your discharge is creditors can no longer collect on your debt, and you get a fresh start, debt-free!

Unsecured debt amounts under Chapter 13 bankruptcy are often decreased to only a small percent of the original debt, sometimes only 5-10%, often even 0% of the original amount. In most situations, during your Chapter 13 payment period you must pay your secured and priority debts in full before paying your general unsecured debts anything. In many cases, unsecured creditors get nothing.  Contact the attorneys at King & King to find out how a 0% Chapter 13 might work for you.

King & King has been providing an uncompromising level of client care to individuals who are going through bankruptcy. Our attorneys understand that filing for bankruptcy is a last resort option, and it’s associated with strong, difficult emotions. When you walk through our doors, you can rest assured that you aren’t alone in this process. Call King & King today at 404-524-6400 for a free consultation.

Tuesday, August 14, 2018

Is It Better to File Bankruptcy Before or After Car Repossession in Atlanta?

While a vehicle lender can repossess your vehicle as soon as you are late on a payment, most lenders don’t repossess right away. They’d usually rather have you make the payments so that they earn the interest on the contract. Most likely your lender has the legal right to repossess, and sometimes repossession can happen very quickly.

It’s Better to File Chapter 13 Bankruptcy Before Repossession

Filing bankruptcy stops repossession, even if the lender has already started the process. The moment your Georgia bankruptcy lawyer files your case, an “automatic stay” goes into effect. This legally stops all collection efforts against you and your property. It will halt the repossession process in its tracks and allow you to protect and keep your car.

Getting Your Car Back After Repossession
You can potentially get your vehicle back after it’s already been repossessed. However, you must act fast and speak to a bankruptcy attorney as soon as possible. You may only have ten days to act. King & King has been helping people in Georgia gain a fresh start for over 40 years, and we understand everyone's financial circumstances are unique.  To find out what bankruptcy will actually mean to you, contact King & King today to schedule a free initial consultation at 404-524-6400.

Thursday, August 9, 2018

Do I Need a Lawyer to File Bankruptcy in Georgia?

Filing for bankruptcy in Georgia can be of the most important decisions you will make in your life. The bankruptcy process is complex, and a single mistake could compromise your ability to successfully complete your bankruptcy case. Because bankruptcy has become more common, people other than lawyers are building businesses around the filing process. If the person preparing your bankruptcy does not have the necessary legal experience to file your case correctly, they could jeopardize your bankruptcy discharge.

The difference in hiring an attorney over a petition preparer is the petition preparer simply completes forms on your behalf. They are not required to have any formal training or undergo a background check, which means you could be handing your sensitive information over to someone you really don’t know. Additionally, they cannot provide any legal advice, so you must educate yourself about complex bankruptcy law before using their services.  Further, in the Northern District of Georgia, the United States Trustee’s Office frowns upon petition preparers.

Filing for bankruptcy involves much more than filling out forms. The bankruptcy lawyers at King & King can provide the kind of legal support you need to protect your rights and get the fresh start you deserve. Call us today to schedule your free consultation at 404-524-6400.

Thursday, June 21, 2018

How Can I Stop a Lawsuit From a Creditor in Georgia?

If you have received a letter about a debt collection lawsuit in Georgia, do not ignore it. A lawsuit will not go away if you don’t do anything, and typically will result in a default judgment against you. If the creditor wins the lawsuit, without much notice to you, there are actions they can take to recover the money you owe them.

Garnished Wages

Once a debt collector wins the lawsuit, they can garnish your wages. When a garnishment order is sent to your employer, you can expect them to withhold a portion of your wages and send the money directly to your creditor.  A wage garnishment is a devastating way to pay back a debt, and can quickly send your life into a financial spiral.

Your Bank Account Can be Frozen

The debt collector can also send the judgment to your bank to “freeze” your bank account. If your account is frozen, there are actions you can take to defend yourself. An experienced bankruptcy attorney can explain to you the next steps on how to “unfreeze” the account and keep your money.

 Bankruptcy May Be An Option

If you cannot afford to settle or fight the debt collector in court, a bankruptcy filing may be the best for you. Chapter 7 bankruptcy can eliminate most debts and provide you with a “fresh start.” Once a petition is filed with the Bankruptcy Court, any debt collection lawsuit (garnishment or frozen account) will be stayed. To find out if bankruptcy is right for you, call the offices of King & King for a free consultation today at 404-524-6400.

Wednesday, June 13, 2018

Can I Keep My Car If I File For Bankruptcy In Georgia?

If you are thinking about filing for bankruptcy in Georgia, we know you have a few questions. One of the questions we hear most often is “what will happen with my car loan?” If you do not own your car outright will you lose it? Can it be left out of the bankruptcy?

Bankruptcy Can Help You Keep Your Car
If you’re filing under Chapter 13 bankruptcy, you’ll be able to keep your car as long as you keep making your Chapter 13 plan payments and otherwise comply with your Chapter 13 plan. Under Chapter 7, whether you keep your car will depend on your ability to make payments. In Chapter 7 bankruptcy, your attorney can file a “Statement of Intention” indicating whether you want to keep or surrender the vehicle. If you cannot afford the monthly payments on your car loan, then you may consider surrendering the car. The auto loan balance will be fully discharged in your Chapter 7 bankruptcy.

King & King has been helping people in Georgia gain a fresh start for over 40 years, and we understand everyone's financial circumstances are unique.  To find out what bankruptcy will actually mean to you, contact King & King today to schedule a free initial consultation at 404-524-6400.

Monday, April 30, 2018

Can You File For Bankruptcy Twice In Georgia?

Millions of people have filed for bankruptcy protection. After receiving a bankruptcy discharge, most people make every effort to stabilize their finances. However, it’s not uncommon for individuals to need to file a second or even a third bankruptcy petition. If you have filed for bankruptcy and need to file again, your eligibility for debt discharge will be influenced by what type of bankruptcy you filed in the past, what type you are filing now, and when you filed the most recent bankruptcy.

Time restrictions on filing bankruptcy:
For Chapter 7 bankruptcy, in most cases you cannot receive the same type of discharge again until 8 years have passed since the date you filed before.
Many people end up needing to refile their Chapter 13 bankruptcies.  The rules on this are complex.  Contact King & King today for a case review.

It Is Possible to File a Different Type of Bankruptcy
If you previously filed Chapter 7, but would like to file Chapter 13 bankruptcy, it is possible to do so. If you previously filed Chapter 13, but now want to file Chapter 7, this is also possible. You may even be able to convert your current active case from Chapter 13 to Chapter 7.  However, there are many intricate rules. Speak to your attorney to find out what your options are for your specific situation.

For more information regarding your rights and options when you are facing bankruptcy, contact King & King bankruptcy attorneys for a free consultation at 404-524-6400 or visit us online at