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.