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.