Tuesday, November 21, 2017

Can Bankruptcy Wipe Out My Medical Bills In Georgia?

Many of our bankruptcy clients are overwhelmed by unexpected medical bills. We understand. Unplanned emergency costs can quickly spiral out of control. Our bankruptcy attorneys want you to know that you have legal rights and options. We understand that anyone can find themselves suddenly drowning in unforeseen medical bills.



Medical debt is an unsecured debt and can be discharged. It is classified as “general unsecured debt”, meaning it is the lowest priority of debt to get paid if any creditors do receive money in a bankruptcy filing. Medical bills are a major cause of bankruptcy and the courts do not dispute that people who face financial ruin because of medical bills deserve a fresh start.

It is important to note that medical debt must only be for services received before your case was filed. As soon as your case is filed all collections for the medical debt will stop. If you are filing bankruptcy and making payments on a medical debt, late charges, penalties, attorney’s fees and interest associated with the medical debt can be discharged.

If you have a large amount of medical debt in your bankruptcy, your trustee will want to know if it is for an injury you can recover money in a law suit for, if so your bankruptcy lawyer can assist you with this process. Bankruptcy laws provide specific exemptions for personal injury lawsuits .

The bankruptcy attorneys at King & King can help you have your medical bills “discharged,” or completely wiped out. Call us today at 404-524-6400 or visit us our website for more information.

Friday, November 10, 2017

Can I Keep My Car If I File Chapter 7 Bankruptcy In Georgia?

You can keep your car, if your bankruptcy schedules exempt the equity value in your car and you keep making your payments in time during the course of the of your bankruptcy case. The exemptions necessary to keep your car are complex and must be filed properly. The experienced bankruptcy attorneys at King & King can explain the process and help you keep your car.




Most people can keep their cars in bankruptcy with little worry. Bankruptcy laws protect property that is needed to start over once your debt is wiped out. A car is one of the basic pieces of property you need to rebuild your credit, stay employed and take care of your family.
A big worry for most people considering bankruptcy is what will happen to their car. The purpose of bankruptcy is to give you a fresh financial start, and the law recognizes that to have a fresh start, a debtor usually needs a car to survive.

Of course, if your vehicle payments are unduly burdensome, you could stop making them, file chapter 7 bankruptcy, and any balance owed to the lender should be discharged.  Relief from the automatic stay will typically be granted to the lender upon the filing of a motion and, after entry of an order, repossession can quickly follow.


Call the bankruptcy attorneys at King & King today for a free consultation. We will help you to a brighter financial future 404-524-6400 or visit us online at www.kingandkingattorneys.com

Thursday, November 2, 2017

What Are Your Rights In Georgia If Creditors Garnish Your Wages?

You have rights in place to protect you from creditors trying to garnish your wages. To withhold wages, a creditor must first obtain a judgment against you and then obtain a court order to start wage garnishment. If you receive a notice of wage garnishment, it is crucial review the judgment to make sure all claims are accurate. There is a strict time limit in appealing the court findings.



Some forms of income like Social Security, worker’s compensation, public assistance, child support, and veteran’s benefits are exempt from garnishment as income in Georgia. However, these proceeds can still be attached once they reach your bank account through a non-wage garnishment. Understanding the impact of wage garnishment and how to protect your rights can be difficult. The bankruptcy attorneys at King & King can answer your questions and help protect your rights.

If you are facing wage garnishment, it can be overwhelming. If you’re already under pressure financially, seeing your wages garnished can lead to not having enough money to make ends meet. We understand and may be able to help. You can stop the wage garnishment by filing bankruptcy. In some cases, we may even be able to recover some of the garnished wages after we file your case.


If you are in danger of having your wages garnished, or your wages are being garnished, the bankruptcy attorneys at King & King  can help you protect yourself and get your finances back in order. Call us today for your free, initial consultation at 404-524-6400.

Wednesday, August 30, 2017

What Should You Expect After Filing Bankruptcy In Georgia?

If you’re currently thinking about filing for bankruptcy in Georgia, you are probably feeling a bit apprehensive or worried about what will happen once you file. It might seem overwhelming, but bankruptcy has given countless Georgians the chance to rebuild their credit and their lives. You too can get your life back on track quickly.



While each case that we see at the bankruptcy offices of King& King is different and each form of bankruptcy (Chapter 7, Chapter 13) is also different, once your debts are discharged through bankruptcy, you can begin saving money and establishing your credit once again. In most cases, your credit rating improves immediately because the old debt is no longer on your credit report.

What happens when you file for bankruptcy? First of all, the bankruptcy court will mail each of your creditors a “Notice of Commencement of Case,” which will tell them that you have filed for bankruptcy. This notice will also inform you of the date for the first meeting of creditors, which will happen about 30 to 40 days after you file. You will be required to attend this hearing and your attorney will walk you through the process. At this meeting, the trustee will ask you questions regarding your bankruptcy papers, your debts, assets, and other financial information. If you file under Chapter 7, the Bankruptcy Court enters an Order of Discharge 60 to 75 days after this hearing takes place. If you file for Chapter 13, the court will enter an order confirming your plan as soon as you meet the requirements. Then, you will receive your discharge once the plan is complete.

It might seem like a difficult process, but your King & King attorney will be there every step of the way to make it a stress-free situation. After you file for bankruptcy, you can look forward to a brighter future that includes rebuilding your credit, and living a life unburdened with debt.


If you are ready to take the next step, call King & King bankruptcy attorneys today for a free consultation at 404-524-6400 or visit us online at www.kingandkingattorneys.com for more information. 

Friday, August 25, 2017

Facing Wage Garnishment In Georgia? King & King Can Help.

If you are facing wage garnishment, it can be overwhelming and quite scary. If you’re already under pressure financially, the added turmoil of seeing your wages garnished may mean you no longer are able to buy groceries or pay for essentials like gas to get to work. You don’t have to panic. At King & King we understand and may be able to help you.

If a creditor is garnishing your wages, we can stop the wage garnishment with a bankruptcy filing. In some cases, we may even be able to recover some of the garnished wages after we file your case.



When you file for bankruptcy, an automatic stay goes into effect. Before a creditor can resume collection efforts, they must ask a court to lift a stay. The creditor must have a valid reason for lifting a stay. Most creditors would not be able to get the stay lifted. Therefore, your wages would be protected as you work your way through the bankruptcy court.

If your debt is discharged by the bankruptcy court, the creditor cannot resume garnishment to collect the debt. If your case gets dismissed without a discharge, the creditor can take steps to reinstate the wage garnishment following the dismissal.

If your garnishments were within a 90-day period prior to your bankruptcy filing, the amount garnished was more than $600, and you have enough exemptions to cover them, we may be able to recover and return some of the garnishment proceeds.


By working with your experienced King & King bankruptcy attorney, you can stop wage garnishments and reclaim your financial freedom. Call our office today at 404-524-6400 and find out how we can help you.

Tuesday, August 15, 2017

Tips for Dealing with Aggressive Debt Collectors In Georgia

Federal laws prohibit collections agencies from engaging in abusive activities. But if debt collectors are not following the law and become too insistent, you should know that you have a legal right to make them stop. If your debts are becoming overwhelming, King and King can put a stop to debt collectors and give you a fresh start.



Debt collectors from collection agencies are prohibited from the following:

·         Calling repeatedly
·         Calling at unreasonable times
·         Use of obscene language
·         Threats of violence
·         Claiming that your debts are higher than they really are
·         Claiming that you’ll be imprisoned if you do not pay by a certain date
·         Adding illegal interest or fees

If debt collectors engage in any of those behaviors, you have a legal right to take action. The following are steps you can take if collection agencies are harassing you:

Tell them to stop. You have the right to simply tell collectors to stop contacting you. Send a letter to the collections agency asking it to cease all communication. Agency employees are then prohibited from contacting you.

Document illegal behavior. Document all violations. Record what happened, when it happened and if there were any witnesses. Try to have a friend or family member witness the harassment to testify on your behalf, if needed.

File a complaint with the Federal Trade Commission (FTC). The FTC oversees collection agencies. When filing an official complaint, include copies of all offending material you received, in addition to the name of the collection agency, name of the collector and the dates and times of the conversations. Lastly, send the FTC complaint to the creditor and collection agency.

Sue the debt collector. The final and most drastic option is to file a lawsuit against the collection agency. This is usually only a good idea if the behavior has been extremely harmful to you or your loved ones.


Filing for Chapter 7 or Chapter 13 bankruptcy will put a stop to all debt collection and give you fresh start. Call King & King today at 404-524-6400 for a free consultation. 

Thursday, July 20, 2017

Are You Facing Foreclosure in Georgia? Talk to a Bankruptcy Attorney for Help

If you are facing foreclosure, the first thing we at King & King want you to know is that you’re not alone. Bankruptcy can protect your home from foreclosure and we can help. 



Filing bankruptcy will put a stop to a foreclosure. When you file for bankruptcy, there is an automatic stay that prevents the foreclosure sale from moving forward. This will give you time to pursue your bankruptcy options and to avoid foreclosure.

If you have fallen behind on your mortgage payments, you may feel like you’re stuck between two options: allowing the lender to foreclose on your home or filing for personal bankruptcy.
Chapter 13 bankruptcy puts an immediate stop to the foreclosure and gives you time to catch up on back payments. You will work with the court and your attorney to create a payment plan that works for you and your budget. Typically, you’d have between three and five years to pay the back payments.


To learn which option may be best for you, you need to work with a bankruptcy attorney who’s been through this situation many times before. The professionals at King & King bankruptcy in Atlanta are ready to offer a free consultation. Call us for help today at 404-524-6400.