Is Chapter 7 Bankruptcy Right For You?

If you are unable to pay your debts it may feel like there is no way out. Fortunately, you can get a fresh start, Chapter 7 bankruptcy allows you to have most if not all of your debts discharged. Bankruptcy laws can be complicated, you can schedule a free consult with King & King where we can help determine whether Chapter 7 is right in your situation, and help navigate the bankruptcy process for you.

Filing for Chapter 7 Bankruptcy

As soon as you file your bankruptcy petition, an automatic stay goes into effect that halts all collection efforts of your creditors, including lawsuits, wage garnishments, foreclosure or eviction proceedings, and more.  At the end of a successful Chapter 7 case, the bankruptcy court will discharge your debts, including:

Credit card balances

Medical bills

Overdue rent and utilities

Personal loans

Some tax debts

Certain legal judgments

After a discharge, you will have no further legal obligation to make any payments on those debts again, you will have a fresh start.

Find Out How Our Chapter 7 Bankruptcy Lawyers Can Help

King & King understands how difficult and stressful life can be when you feel as if you are drowning in debt. If you don´t think you can bring your debts under control, and need the help of a team of caring professionals, please call us at 404-524-6400 for your free consultation

Is Back Rent Dischargeable In Bankruptcy?

It can be expensive to live in the state of Georgia, and rent can represent a large part of an individual’s total income. Many people who file for bankruptcy are behind on their rent, and sometimes on the verge of eviction. The good news is your back rent can be dischargeable in a personal bankruptcy just like any unsecured debt such as credit card debt or medical bills. Filing bankruptcy will stop your landlord from trying to evict you (if you file in time), and give you some time to get your finances in order. Your options vary depending if you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.

Filing Bankruptcy Can Stay an Eviction

Filing bankruptcy can put a stop to eviction actions, and that stay can be a contributing factor in the decision to file bankruptcy. It’s important to speak with your Georgia bankruptcy attorney before you are too far behind, because if you wait too long to file a bankruptcy petition, you may not be able to stop an eviction.

If a court has already issued a writ of eviction, it’s likely too late for an automatic stay to be of any help, so bankruptcy would not be able to stop your eviction in that case. The bankruptcy court could determine that the eviction process has already been completed and you must vacate your home. However, if you file for bankruptcy before there is a final order of eviction, you should be able to get an automatic stay and stop the eviction. Your bankruptcy attorney can help you decide on the best course of action.

King & King Can Help You File Bankruptcy And Stop Eviction

Bankruptcy and eviction is a tricky topic, and it’s best to rely on an attorney’s advice.  If you think at some point it’s possible that you will need to file either a Chapter 7 or a Chapter 13 bankruptcy, contact a bankruptcy attorney at King & King sooner rather than later. We can outline your bankruptcy options that will put you on a path to a brighter financial future. Call us at 404-524-6400 for a free consultation today.

How Does a Chapter 13 Bankruptcy in Georgia Work?

In Georgia, like many states, people have continued to struggle with how to stay on top of their debt despite the healthy economy over the last several years. For some people, debt is due to excessive medical costs, job loss, divorce, death of family member, or one of many other factors. Filing for bankruptcy offers the chance to start over and be free of debt. 

There are two main forms of personal bankruptcy, Chapter 7 and Chapter 13. A Chapter 13 bankruptcy plan is essentially a form of organized repayment. If you file Chapter 13, you must have sufficient income to qualify and make monthly payments to a trustee for a period of time lasting between 36 and 60 months. The monthly payments are used by the trustee to in turn make payments to creditors. The amount eventually repaid to creditors may be significantly less than what was originally owed and is determined at the outset of the bankruptcy plan. Consumers do not lose their assets in a Chapter 13 plan. A Chapter 13 bankruptcy also puts an automatic stay on foreclosure proceedings and stops vehicles from getting repossessed.

Our Atlanta debt relief attorneys know what you’re going through, and they’re ready to help. Call King & King at 404-524-6400 today to schedule a free consultation with an attorney.

What is the Income Limit for Filing Chapter 7 Bankruptcy in Georgia?

In order to file a Chapter 7 bankruptcy, you must pass a means test which compares your disposable income to the average median income for a family of the same size in Georgia.

What is a Means Test?

A Chapter 7 bankruptcy is a short process, typically lasting no longer than six months. The Chapter 7 means test is a method of qualification designed to reserve Chapter 7 bankruptcies only for those who truly can't afford to repay their debts in full. Your bankruptcy attorney will walk you through the process to ensure things go smoothly.

Taking a Means Test

To begin a means test, compare your annual income to the median income for the same size household in Georgia. If you make less than your state’s median income, you qualify and are free to file a Chapter 7 bankruptcy (presuming all other eligibility requirements are met). If you make the same, or more than, the median income for Georgia, then you must continue on with the test. In part two of the bankruptcy means test in Georgia, you use your monthly income for the six months before you plan on filing bankruptcy. By deducting your monthly expenses from your current average monthly income, you calculate your disposable income. The lower your disposable income each month, the more likely you may qualify for Chapter 7. The Means Test can be very very complicated. Your bankruptcy attorney will help you accurately prepare your Means Test. 

What Happens If You Don't Qualify for Chapter 7 Bankruptcy

If you don’t qualify for a Chapter 7, you can file a Chapter 13 bankruptcy instead. A Chapter 13 is known as a repayment bankruptcy and can help you repay your debts over either a three-to-five year period.

If you're thinking about filing bankruptcy, but aren't sure if you should move forward, call King & King at 404-524-6400 to schedule a free consultation with an attorney. King & King is dedicated to helping clients file for personal bankruptcy and rebuild their lives afterwards.

Can You Stop Auto Repossession by Filing Chapter 13 Bankruptcy In Georgia?

If you have fallen behind on your car payments, repossession can be right around the corner. It can be a shock to walk out of work or your home and find your vehicle has been taken! Living without transportation can be challenging for you and your family. Filing bankruptcy can stop repossession.

In both a Chapter 7 and a Chapter 13 bankruptcy, an “automatic stay” goes into effect as soon as you file. The “automatic stay” prevents most creditors from continuing to pursue collection efforts against you while you are in your bankruptcy, including repossession.

If you file a Chapter 13 bankruptcy, you typically have three options:

Surrender your car

Pay what you owe over 3 – 5 years

“Cram down” your loan – In a Chapter 13 bankruptcy, you may be able to reduce the amount you owe on your car to its current value. This is called a “cram down.”  You may also be able to cram down your interest rate to much lower than what you have on your loan.  Your bankruptcy attorney has experience with cram downs and will be sure to use this option if possible.

It is possible to keep your car when you file bankruptcy. The key is to act fast and speak with a qualified bankruptcy attorney, such as King & King, at the first sign of financial trouble. The sooner you get a case number, the sooner collection calls and repossessions are put to a stop. We have the background you need to get a fresh financial start, and can help you organize your debts in a way that fits your budget. Call us today for a free consultation at 404-524-6400.

Can I Rebuild Good Credit After Filing Bankruptcy In Atlanta?

Filing for bankruptcy can be an important first step towards giving yourself the fresh start you deserve. When you file bankruptcy and get relief from your bill problems, you no longer owe any money to your creditors. You no longer have to suffer with the continuing delinquencies.

 In order to preserve your newfound financial stability, you must take care to rebuild your credit and avoid common pitfalls. If you take some simple steps to rebuilding your credit after bankruptcy, your credit score will start to rise.  After as little as 18-24 months, your credit report can be a positive one.

Improving Your Credit Score

There are a number of things you can do to improve your credit score with a bankruptcy discharge on your credit report, including the following.

·         Acquire a Secured Credit Card. It may seem counterintuitive, but in order to rebuild your credit, you will need to take out loans and repay them on time. A secured credit card gives you credit up to the amount you have in the bank that issues the card.

·         Take out an Installment Loan. An installment loan is any kind of a loan that requires monthly payments, such as a car loan. You must make your payments on time every single month in order to use your installment loan to rebuild your credit.

·         Check and Correct Your Credit Report. After your bankruptcy has been discharged, check your credit reports. You are looking for errors: debts you have repaid but still appear and any other types of mistakes. Contact the credit agency where the mistake appears to have it corrected.

In many ways, once you have completed a filing for Chapter 7 or Chapter 13 bankruptcy your financial future is brighter. It is important that you avoid the mistakes and traps that could get you in trouble again. King & King is dedicated to helping clients file for personal bankruptcy and rebuild their lives afterwards. For a free initial consultation, contact our office at 404-524-6400.

Are Debt Collectors Legally Allowed To Contact You in Georgia?

One of the most troubling things about not being able to pay your debts are the calls and letters from creditors. When you have bills you can’t pay, you may start getting endless phone calls and letters requesting payment. This is normal, but there are laws about how debt collectors may behave.

No matter how deep in debt you are, you have legal rights. The Fair Debt Collection Practices Act protects you from unfair and harassing treatment from creditors and debt collectors hired to secure payment. Bankruptcy can also stop debt collectors from contacting you.

There are many different types of behavior that debt collectors may display that are actually against the Fair Debt Collection Practices Act. If you are struggling with debt and facing financial stress, the last thing you need is harassment. Here are a few things debt collectors cannot legally do:

• Debt collectors can’t threaten you with arrest or by taking action to harm your credit rating
• Lie to you or misrepresent who you are talking to in an attempt to secure payment
• Share your personal information about your debt with anyone else, such as your employer or family. However, they can contact your family to locate you
• Call you before 8 am or after 9 pm, based on your time zone
• Call you at work, provided the debt collector is aware your employer doesn’t approve of these phone calls
• Harass, oppress, or abuse you
• Falsely imply that you have committed a crime
• Use unfair practices in an attempt to collect a debt
• Conceal his or her identity on the phone
• Disregard a written request from you to cease further contact

When you file for bankruptcy, an “automatic stay” goes into place. This stops all collection efforts, including calls from creditors. Call King & King to schedule a free consultation to learn more about how this process works.

You don’t have to endure creditor harassment. Filing for bankruptcy can free you of your debts and give you a brighter financial future. Call us today at 404-524-6400

Are Creditors Trying to Take Your Car or Property? There Is Something You Can Do.

One of the most stressful aspects of dealing with debt you can’t repay are the debt collectors trying to get money from you. Sometimes, these efforts can also involve attempts to collect on debts by taking your property. Repossession is when a third party can legally take your property to repay a debt.

How Does Repossession Work?

Repossession can happen when you are behind on your payments for your car, furniture or other items bought on credit. Here are a few aspects of repossession it can be helpful to understand:

· Repossession can start as soon as you default on your contract, missing even a single payment in some cases.


· In most cases, your creditor will not need a court order to start repossessing property.


· Once the property is seized, it is difficult, but not impossible, for the borrower to reverse the situation.

Bankruptcy may be an option. A Chapter 7 Bankruptcy will temporarily stop your lender from being able to repossess your vehicle and may provide you with sufficient time to make a payment to bring your account current. A Chapter 13 Bankruptcy may also be an option. Chapter 13 would allow you to keep your vehicle and catch up on the back payments by repaying the amount you’re behind over a 3 to 5 year period.

The threat of losing your property is frightening. But you have options! By filing for bankruptcy, you may be able to make the repossessionstop by putting bankruptcy’s “automatic stay” to work in your case.

Call King & King at 404-524-6400 to schedule a consultation to discuss your repossession situation with an attorney – the evaluation of your case is free.

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 www.kingandkingattorneys.com.

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. https://kingandkingattorneys.com/

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.

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.

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 www.kingandkingattorneys.com.

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

Foreclosure

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 www.kingandkingattorneys.com

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 www.kingandkingattorneys.com

6 Unexpected Benefits of Filing Bankruptcy In Georgia

You’re likely considering bankruptcy because you need financial relief. More to the point, you need immediate relief from debt collection pressures. You need long-term relief from having to pay debts you can’t handle. Bankruptcy provides both immediate and long-term relief. Filing bankruptcy in Georgia can give you immediate and long-term relief from your creditors.

Bankruptcy can often also give you some other rather amazing benefits, beyond the basic relief you expect. Here are six unexpected benefits of bankruptcy:

1. Get Back Money Recently Garnished By a Creditor

Through “preference” law, you could get back money that was recently garnished by a creditor. 

2. Undo Judgment Liens on Your Home

Through judgment lien “avoidance” you can often permanently remove a judgment lien, a tremendous practical benefit.  

3. Reinstate Your Driver’s License from Failing to Pay Tickets

Reinstate your license if it’s been suspended for unpaid traffic infractions.

4. Get Back Your Just-Repossessed Vehicle

Filing bankruptcy not only prevents vehicle repossession. You may be able to get your vehicle back after it has been repossessed.  But, you must act quickly.

5. “Cram down” and Change the Payment Terms of Your Vehicle Loan

If your vehicle loan is more than two and a half years old, you may be able to reduce both your interest rate and the amount you have to pay back on the loan.  You can reduce the total amount to the value of the car, not the outstanding balance on the loan (often much higher).  This is called “cram down.”

6. Get Out of Your Vehicle Lease through Bankruptcy

Leasing is often an efficient way to have a vehicle short-term, but is actually usually the most expensive long-term. Bankruptcy can be the best way to get out of this expensive obligation.

If you are thinking about filing bankruptcy, the first thing you need to know is that you’re not alone. The compassionate and experienced bankruptcy lawyers at King & King will help you through the bad times and plan for much better times. Call us at 404-524-6400 for a free consultation today or visit our website at kingandkingattorneys.com for more information.