Monday, July 29, 2019

You Can Keep Your Assets Filing Chapter 13 Bankruptcy In Georgia

There are two ways for people in Georgia to file for bankruptcy: Chapter 7 and Chapter 13. Each involves reviewing how much debt you owe and how much income you bring in each month. Often, you will be eligible for either one or the other, but in some cases, you may qualify for both Chapter 7 and Chapter 13 bankruptcy. If this is your situation, you may have a choice between the two. Each has strengths and weaknesses but, if you have a large amount of assets, Chapter 13 offers advantages that may make it more suitable. Your bankruptcy attorney will review the pros and cons with you so you may make an informed decision.

If you are worrying about losing your car, home, or other assets upon filing for bankruptcy, Chapter 13 may be the better option for you. While Chapter 7 involves liquidating unexemptable assets to satisfy your debts, Chapter 13 reorganizes your debt into a repayment plan and protects your property.

Another advantage of Chapter 13 is that you know going into it that the repayment plan will work for you because it’s built from your current financial situation and income. Under your repayment plan, you may only pay off a portion of some debts but may pay off others entirely.  Each case is different.  Your attorney tailor-makes your case for you, depending on a variety of factors. 

For most clients, the duration of your repayment plan typically lasts from three to five years. King and King will evaluate your situation and determine if Chapter 13 or Chapter 7 bankruptcy is right for you. Call our office today at 404-524-6400 to schedule a free, confidential consultation to discuss your options or visit us at

Tuesday, July 23, 2019

Can Bankruptcy Eliminate All Credit Card Debt?

There are two primary forms of debt that Georgia residents should understand. The first is secured debt, which is any type of debt associated with collateral. Examples of secured debt include mortgages and auto loans. The other type of debt is unsecured, meaning there is no collateral associated with it. Credit card debt is the most common type of unsecured debt.  Tax-related debt can be either unsecured or a third category: priority. 

If your lawyer determines that you qualify for Chapter 7 bankruptcy, you can expect your credit cards and associated debt to be eliminated. If you do not qualify for Chapter 7 relief, it may be best to file under Chapter 13.  For example, Chapter 13 may be appropriate if your income is too high to qualify for Chapter 7. In such a case, Chapter 13 bankruptcy would allow you to repay as much of your credit card debt that you can afford to repay based upon your available income, and the remaining amounts would be eliminated.

If you find yourself facing insurmountable credit card debt, King & King can help. Call today at 404-524-6400 for a free consultation. We can advise you of what is the best way for you to eliminate credit card debt and get a fresh start.

Monday, June 24, 2019

Finding the Right Bankruptcy Attorney for You in Atlanta

Bankruptcy can be the best tool for getting your life back on track after experiencing months or even years of financial instability. If your monthly bills are piling up and you now avoid answering the phone or checking the mail in fear of facing another creditor, you may consider the advantages of filing for either Chapter 7 or Chapter 13 bankruptcy so you can move on with your life with a brighter financial outlook. Filing bankruptcy can be a complicated process, and enlisting the trust of a qualified bankruptcy attorney is invaluable. He or she will take care of all the heavy lifting for you, so you can get back to your regular life — debt-free — as soon as possible.

Here are five things to look for in a bankruptcy attorney to make sure you know you’re choosing the right one:
1. Your Bankruptcy Attorney Won’t Force You to File Bankruptcy
2. Your Bankruptcy Attorney Will Help You To Decide on Which Chapter to File
3. Your Bankruptcy Attorney Should Not Pressure You to File
4. Your Bankruptcy Attorney Will Listen to You
5. Your Bankruptcy Attorney Should Have Time For Your Case

If you are considering bankruptcy, you do not have to go through this process alone. Get a skilled and experienced attorney on your side by calling the Georgia bankruptcy lawyers of King & King today at 404-524-6400.

Tuesday, May 28, 2019

How Does Wage Garnishment Happen In Georgia?

Dealing with debt can be one of the hardest things one has to face. While you have been saving to ensure you pay your bills on time, you might find that your wages are suddenly being garnished.

How Does Wage Garnishment Work?
Your creditor can get access to your wages or bank account to get a debt paid after a lawsuit has been filed and the court enters a judgment against you. Many times, people do not even know that they have had a judgment entered against them. The creditor can request the court to issue a turnover order to any entity that has control over any money owed to you (usually an employer or a bank).

There is a limit to how much a creditor is allowed to garnish from your wages, usually up to 25% of the employee’s disposable earnings. But in cases where your income and bills are around the same amount, the slightest deficit can make a huge difference. You may not be left with enough money to pay other bills like your mortgage, car payments, or utilities. Garnishment continues until the debt is paid in full with interest. It is a devastating way to have to repay a debt.

How Can Filing Bankruptcy Stop Wage Garnishment?
Filing for bankruptcy is one of the best ways to put an end to wage garnishment. When you file for bankruptcy, an automatic stay goes into effect as soon as you case is filed. This will prevent creditors from collecting money from your bank account and will stop a garnishment from coming out of your paycheck. They will not be allowed to call or contact you in any way. Bankruptcy renders the creditors zero power over your wages.

If you have received any sort of notification that a creditor plans to garnish your wages, immediately filing for bankruptcy can stop your money from being taken away.
At the law offices of King & King, we are ready to help protect you from wage garnishment, and help you get the fresh start you need. If you are concerned about your wages being garnished, talk to one of our bankruptcy lawyers by scheduling a free consultation at 404-524-6400.

Thursday, May 23, 2019

How Are Unsecured Debts Treated in Georgia Chapter 7 Bankruptcy?

In straightforward Chapter 7 bankruptcy cases, most regular unsecured debts are discharged—permanently written off. You pay nothing on them.

In a successfully completed Chapter 7 case, “general unsecured” debts are discharged. An example might be you have $80,000 in a combination of credit cards, medical bills, and personal loans.
As long as there is no collateral tied to any of those debts, they are most likely “general unsecured” debts and will be discharged.

  • Credit cards
  • Medical bills
  • Personal loans without collateral
  • Broken apartment leases/voluntary repossessions

These are all unsecured debts that can be discharged. If you have secured debt such as:

  • Home mortgages
  • Car loans
  • Personal loans with collateral
  • Real estate tax liens

Chapter 13 may be right for you. Your attorney will review your situation and help you decide which is the best bankruptcy to file.

Whether you’re deep in debt or struggling to stay up with bills, there’s a solution to your financial situation. King & King has over 40 years of experience and will help you get a fresh start. Please call us for a free initial consultation at 404-524-6400 or visit us online at

Monday, May 20, 2019

Can I Stop Repossession If I File Bankruptcy in Georgia?

If you are struggling with debt and unable to make payments, your creditor may try to repossess your car. There are things you can do to stop car repossession. The bankruptcy attorneys at King & King can explain your options and help you keep your car.

Can Bankruptcy Stop Repossession?
Yes. When you file bankruptcy, your creditors cannot repossess your car provided you agree to make payments. By filing Chapter 13 bankruptcy, your debt will be reorganized and reduced, and you will have the chance to repay that debt over a period of time.

Bankruptcy can also stop:
Wage garnishment
Lawsuits by creditors
Other collection actions

My Car Has Been Repossessed. Can I Get It Back?
In most instances, if your car has been repossessed by a creditor, but has not yet been sold, you can get it back by filing Chapter 13 bankruptcy, but you must act quickly. Usually, creditors will hold the car for 10 days. If bankruptcy is filed before the creditor has resold the car, you should be able to get it back.

If you’re behind on your payments, contact the bankruptcy team at King & King to learn about your options. Facing repossession and other collection tactics can be frightening, but with the power of the bankruptcy code on your side, it doesn’t need to be. By choosing an experienced bankruptcy law firm, you can protect your valued property and stop debt collectors in their tracks. Call King & King today for a free consultation at 404-524-6400 or visit us online at

Monday, May 13, 2019

Can Filing Chapter 13 Bankruptcy in Georgia Help You Keep Your House?

The risk of foreclosure can bring a lot of anxiety, and you could be contemplating bankruptcy as an option to help you get out from under your debt. As a homeowner, if you fall three or more months behind on your mortgage payments, your mortgage company may begin the foreclosure process. Once this happens, your mortgage company may stop accepting payments until you pay the full past due amount, usually called the loan reinstatement amount. As this amount can also include any interest, penalties, and legal fees, the amount you owe can climb quickly and it may be too much to pay. If this is your experience, bankruptcy may be the solution you are looking for.

What is the Automatic Stay in Chapter 13 Bankruptcy?
Filing a Chapter 13 bankruptcy will grant you protection from your creditors. This is called the Automatic Stay of bankruptcy. This protection is powerful enough to stop creditor action, including a foreclosure. Once your attorney files your Chapter 13 case, you will set up a payment plan which allows you to pay back your past due mortgage payments over a three-to-five-year period. You will not have to pay the full loan reinstatement amount at one time.

If your home is at risk of foreclosure, call the bankruptcy lawyers at King & King for a free consultation. We can help you file for bankruptcy relief, and ensure that the creditor calls and collection letters stop immediately so you can get the peace of mind you need and deserve. Call us today at 404-524-6400 or visit us at