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 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.

Thursday, June 29, 2017

Four Things Not to do if You’re Considering Bankruptcy in Georgia

Millions of people across the country declare bankruptcy every year. The best way to move forward if you’re considering bankruptcy is to work with a local bankruptcy attorney who can walk you through the process. When you choose King & King, we can help you avoid the common mistakes people make before they file and put you on the path to financial freedom. 

Don’t take on new debt
If you take on new debt immediately prior to filing bankruptcy, it may appear to the court to be fraudulent or in bad faith. The court will want to know the amount of the new debt, how long ago you took it on, whether it was a luxury purchase, and other factors.  Don’t risk your bankruptcy filing for a purchase you don’t need to make.

Don’t take money out of your retirement plans
In many cases, retirement plans are completely exempt from liquidation in a Georgia bankruptcy. As a result, we advise you not to take out any money from your retirement accounts, IRAs, 401ks, etc.

Don’t skip your Georgia bankruptcy exemptions
There is property that’s exempt from unsecured creditors in a bankruptcy. You’ll want to review all the potential exemptions with your attorney to make sure you’re not missing out on them. We will review all of your assets, and in the majority of cases you will be able to keep 100% of them.

Don’t pay back your family or friends right before you file
If you pay back someone you have a personal relationship with within one year of filing, it’s likely to be considered a preferential/insider transfer. Speak to your bankruptcy attorney before paying anyone back or giving any cash gifts.

If you are still considering your options and simply want to better understand if Chapter 7 or Chapter 13 bankruptcy is better for you, contact King & King bankruptcy attorneys today at 404-524-6400 for a free consultation.

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.