Risks You Take When Filing Bankruptcy Without an Attorney In Georgia

While you can file bankruptcy without an attorney, it can be very challenging. Mistakes made while filing can lead to your bankruptcy being dismissed when if filed properly you may have received a clean slate. Here are some common mistakes made when filing without an attorney.

Filing The Wrong Kind Of Bankruptcy

Chapter 7 or Chapter 13? This question may seem simple on the surface, but the one you choose needs to reflect your income and assets. A bankruptcy attorney can assess your situation and offer the best advice on whether Chapter 7 or Chapter 13 is best for you.

Mistakes On Your Bankruptcy Filing Paperwork

There’s a document called a “voluntary petition” that stands as the record that you’re filing for bankruptcy. However, there are many other forms you’ll need to fill out and there is other paperwork to submit. Making a small error or leaving out a minor detail out could delay your case. If it’s a serious error, then your case could be dismissed entirely.

You Could Lose Property or Assets You’re Entitled To Keep

If you end up choosing the wrong exemptions, then you may lose property you actually have a right to keep. There is property that can’t be touched because of exemptions – your attorney can help you keep your assets, including your home and car.

At King & King, we understand that your finances are a concern. We can help you move forward from your debt and give you the fresh start you need. Call King & King at 404-524-6400 today for a free consultation. 

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

Bankruptcy is a powerful legal tool that has helped many people emerge completely from debt. Because bankruptcy can be an immensely powerful tool to those experiencing financial troubles, most people tend to think that once you file bankruptcy, you can’t file again. The good news is that isn’t true.

The bankruptcy code allows people who have filed for bankruptcy in the past to file a new case. However, there are restrictions in place to ensure the benefits of bankruptcy aren’t abused. The bankruptcy attorneys at King & King can help you better understand if you are eligible to file a new case during a free consultation and explore all of your available options. To help you better understand laws regarding filing bankruptcy again, here are a few tips. 

Chapter 7 bankruptcy – If you filed for Chapter 7 bankruptcy in the past, you have to wait 8 years before you can file under the same Chapter again. This can vary if you filed but were not granted a discharge.

Chapter 13 bankruptcy – It is possible to refile your Chapter 13 bankruptcy.  The rules of refiling Chapter 13 are complex.  Call King & King for your free case review today.

In some cases, the timeline of when you can file again may change depending on the dismissal of your previous bankruptcy. Some cases get dismissed before debt is discharged which can happen for a number of reasons such as failing to appear in court, incomplete paperwork or defaulting on a Chapter 13 payment arrangement. If your case was dismissed for such reasons, you may be able to refile immediately.

At King & King, we understand that people who have gone through the bankruptcy process before may find themselves back in financial trouble. By calling the attorneys at King & King for a free consultation, you can learn more about filing a new case and how soon you can expect a fresh start. Call us today at 404-524-6400 or visit us online at www.kingandkingattorneys.com

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.

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

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.

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. 

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.

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. 

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.

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.

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. 

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. 

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.

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.

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. 

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. 

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.

Will Anyone Know If I file For Bankruptcy In Georgia?

At King & King, we’ve worked with many clients who worry about declaring bankruptcy. They may not be sure what the short-term and long-term effects will be, they’re afraid it may be too difficult to file, or they worry that filing bankruptcy may take too long. One question we get asked quite often during our free consultation is: Will anyone know if I declare bankruptcy?

Your bankruptcy won’t be publicized

The bottom line is that although your bankruptcy will be public record, it’s not advertised in a newspaper. Just remember you’re not alone, thousands of people in the U.S. file bankruptcy every day. If you’re having financial problems that are seriously impacting your life, don’t let your privacy concerns be the only reason you don’t get a fresh start and a better future.

Your creditors will be notified

No matter if you file Chapter 7 or Chapter 13 bankruptcy, the only people that will be notified are your creditors. The bankruptcy court sends out official forms that notify them you’ve filed. This gives you an automatic stay on all debt collection, which means that your creditors will no longer be able to collect from you. No more phone calls at work, no more letters at home – bankruptcy stops collections.

Your bankruptcy will be public record

Your bankruptcy filing will be public record. Bankruptcy records are available through a website run by the Federal Court System. In order for one to find bankruptcy records, users must apply for an approved ID and password. Once they have those, they must pay a fee to search for bankruptcy filings. Searching for a bankruptcy is an incredibly tedious process.

King & King will file your bankruptcy quickly and correctly while putting a stop to creditors. We serve clients in Atlanta and throughout the state of Georgia. To schedule a free consultation, call King and King bankruptcy attorneys at 404-524-6400 or visit us at www.kingandkingattorneys.com

Three Tips To Help You Save More In The New Year

It’s February and you have 10 more months to get your finances back on track before next year. Starting a budgeting plan right now is the best way to look forward to a promising future. Saving money is easier than you think. Here are three steps to help you save money throughout the rest of the year:

1. Keep a record of your purchases

Little purchases, such as Starbucks stops, lunch out, extra trips to the grocery store, and other small purchases can add up quickly. Keeping a written record of everything you purchase over the course of a month will allow you to see how much you really spend and if you can cut back.

2. Create a budget

After reviewing your purchases, you can determine which items are necessities and which are luxuries. Next, decide which luxury items you can cut out or limit. With your complete list you can create a monthly budget.

3. Make short-term and long-term goals

After you have reviewed your spending record and created a new budget, you can set aside some money in a savings account. Your new savings account can be used to fulfill your short-term and long-term goals. A short-term goal can be as simple as only eating out once a week, while a long-term goal might be budgeting extra to pay down your student loans more quickly.

The best way to approach your debt depends on your specific circumstances and needs. Our bankruptcy attorneys have the skills, knowledge, and real experience needed to guide you toward your goals. We will help you make the right choices, and explain exactly what happens next and how it will affect you and your family. At King & King, we are on your side and will treat you with the respect and consideration you deserve. Give us a call today at 404-524-6400 for a free consultation or visit us at www.kingandkingattorneys.com

What Should I Expect At My Bankruptcy Consultation?

While bankruptcy can be stressful, filing is your first step towards achieving real, lasting, financial freedom. Once you make the decision to file for Chapter 13 bankruptcy or Chapter 7 bankruptcy, call King & King in Atlanta, Georgia for a free consultation with an experienced bankruptcy lawyer.

What Should I Bring For My First Meeting?

There are a few things you need to bring to the meeting with your lawyer. Take the time to collect the following:

60 days proof of income

Most recently-filed tax return

Photo identification

Information about your creditors

If you are being sued by a creditor or if you have received letters from creditors, bring these to your initial meeting as well. Together, this information will give your attorney a good idea about your financial situation. Always be honest with your lawyer as any incorrect information may lead to your case being dismissed without getting debts discharged.

Your first meeting is a great opportunity to ask any questions you may have. Your King & King attorney will meet with you at no charge for an initial consultation and review of your case, and then recommend the best course of action. Call us at 404-524-6400 to take the first step towards your fresh start.

Can Bankruptcy Stop Debt Collectors in Georgia?

How Can Bankruptcy Stop Debt Collectors?

If you’re looking for relief from non-stop phone calls and e-mails from bill collectors you may be wondering how bankruptcy protection works. Bankruptcy can stop all collection activity.

When you file bankruptcy an “automatic stay” goes into effect. Debt collection attempts come to a halt. The action can stop foreclosure proceeding, stop repossession, and even stop wage garnishment and pending lawsuits. Debt collectors are prohibited from continuing collection attempts, if they continue without permission make note of the activity and present it to your bankruptcy attorney. They may be breaking the law.

If you qualify for bankruptcy you can have medical bills, personal loans, and credit card debt discharged or eliminated. You will not be responsible for paying them and creditors cannot continue to collect on them once the court has discharged them.

If you find yourself in a difficult financial situation, we can help. King and King can stop the harassing phone calls and put you on the path to financial freedom. Call us today at 404-524-6400 to discuss your options, your consultation is free, or visit us at www.kingandkingattorneys.com for more information.

What are the most common causes of bankruptcy in Georgia?

At King & King we help people find a fresh start. Here are a few reasons people come to us for help. 

1. Medical Expenses

Studies indicate that this is the biggest cause of bankruptcy. Accidents and illness can easily result in enormous medical bills - bills that can quickly wipe out savings, retirement accounts, college education funds and even home equity. Bankruptcy may be an option even before these resources are exhausted.

2. Job Loss

Whether due to layoff or termination, the loss of income from a job can be devastating. Not having emergency savings to draw from only makes your situation more serious, using credit cards to pay bills can lead to deeper debt. If you are unable to find employment quickly it can be difficult to keep your creditors paid. Bankruptcy can put a stop to all collections.

3. Excess Use of Credit

Credit card bills, Car payments, mortgages, and other loan payments can spiral out of control. If you find yourself at the point where you can only make minimum monthly payments, bankruptcy may be the best option for you.

4. Divorce

Divorce can create tremendous financial strain on both partners. Legal fees, division of marital assets, decree of child support and/or alimony, these alone can be enough to cause some to file.

The good news is bankruptcy can give you a fresh start. The attorneys at King & King can put you back on track so you can stop worrying and move forward. Call us today at 404-524-6400 for a free consultation or visit us at www.kingandkingattorneys.com for more information. 

What Happens At Your Bankruptcy Hearing in Georgia?

When you file for bankruptcy in the state of Georgia, you, together with your attorney, are required to attend a meeting with the Bankruptcy Trustee. The Trustee is appointed by the court to review the bankruptcy, verify your identity, and make a report to the court as to whether you have any non-exempt property. For most of our clients, your property is exempt and you are allowed to keep all of your assets.

This meeting is called a Section 341 Meeting of Creditors. "Section 341" refers to the part of the Bankruptcy Code that requires this meeting, and it is called a "Meeting of Creditors" because it is an opportunity for creditors to attend and ask questions regarding your assets or debts. However, creditors rarely attend these hearings except in large business cases.

This meeting is informal and a judge is not present. You are required to bring your driver's license and proof of your social security number to your 341 meeting. Below is a list of some standard questions you might be asked:

What is your full name?

Did you review and sign the documents?

Are you familiar with the information contained in your filing documents?

Is the information true and correct?

Have there been any substantial changes since the filing?

Are all of your assets listed?

Are all of your debts listed?

Do you have a child support or spousal support obligation?

Have you read the bankruptcy information sheet (a handout King & King provides to you)?

Have you filed a bankruptcy previously?

Contact King & King today to schedule your free consultation.  With offices in downtown Atlanta, Cobb County, and Lawrenceville, we are able to easily accommodate our clients living anywhere throughout the Atlanta metro area.  Call King & King Bankruptcy at (404) 524-6400 or visit us at www.kingandkingattorneys.com for more information.