Should I Consider Bankruptcy As An Option?

If you are behind on your bills, facing foreclosure, repossession or other financial difficulties in Georgia, bankruptcy can be a possible solution to your situation.

Bankruptcy might provide you with the right solution if:

• You are facing foreclosure on your home
• Your car or other property is in danger of being repossessed
• You are having trouble making credit card payments
• You lost your job
• You have incurred large medical bills
• You are receiving harassing calls from creditors
• Your wages are being garnished

Whether you want to learn more about the bankruptcy process or you are ready to take the next step, our lawyers can help. They’ll meet with you at no charge for an initial consultation, and then recommend the best course of action. King and King is sympathetic to your problems, and we know how to help you solve them. Call us at 404-524-6400 or visit us online at www.kingandkingattorneys.com.

Will Chapter 7 Bankruptcy Get Rid Of My Debt?

Chapter 7 Bankruptcy is the most common form of filing in the state of Georgia. Chapter 7 is frequently referred to as a "fresh start." It is relatively quick and allows you to discharge your debt to allow you to start again with a clean slate. 

Chapter 7 Bankruptcy cases can remove debts for the following:

· Credit Card Debts

· Medical Bills

· Lawsuits for injuries caused while driving uninsured

· Debts following evictions and/or repossessions

· Lawsuits for breach of contract

· Small or moderate NSF checks

· Garnishments

· Most business debts

Chapter 7 bankruptcy may not discharge some of the following debts; your attorney will help you to understand where you stand.

· Child Support

· Student Loans

· Some Criminal Fines

· Some Taxes

· Debts incurred fraudulently



When your bankruptcy is accepted by the court, your dischargeable debts are wiped clean and you are awarded a clean slate to start anew. Call King and King at 404-524-6400 for a free consultation today or visit us online at www.kingandkingattorneys.com.

Do I Qualify For Bankruptcy in Georgia?

Chapter 7 bankruptcy wipes out most, if not all of your debt, leaving you with a clean slate.  In order to qualify for chapter 7 bankruptcy, you must pass a "means test."  The test analyzes your income over the previous six calendar months and projects an annual income. The means test is very tricky; talk to an experienced bankruptcy attorney to find out if you qualify.  

Chapter 13 bankruptcy allows you to pay back your debt over time. In order to qualify for a Chapter 13 bankruptcy, you will need to meet two general income requirements. First, you must have a regular source of income. Second, you must have sufficient disposable income. Basically you must have at some income left over to pay to creditors after you subtract your living expenses from your monthly income. Chapter 13 bankruptcy often provides much greater protection to debtors who own significant assets or have income that would not be exempt in a Chapter 7. Most people filing for Chapter 13 bankruptcy are trying to protect a secured debt from being foreclosed or repossessed, such as a home or a car.

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 for a free, confidential consultation to discuss your options or visit us at www.kingandkingattorneys.com.

Should I Try To Pay A Creditor Before I File Bankruptcy?

While attempting to pay a creditor before you file bankruptcy may sound like a good idea, if you pay a creditor more than you are paying your other creditors, then that “favored” creditor may be required to give back that extra money so that it is shared among all the creditors.

The bankruptcy court will look at your debts and your rate of repayment. So it’s possible the creditor you were trying to keep out of your bankruptcy case may have to get involved. He or she may be asked by the court to return the money you paid for redistribution.  Payments to favored creditors become an issue when they are discovered after your bankruptcy is filed, so be sure to disclose all creditors to your bankruptcy attorney.

If you will need to file a bankruptcy, before you pay anything to a relative or any other kind of creditor, schedule a free consultation with a King and King experienced bankruptcy attorney. Call us at 404-524-6400 or visit us online at www.kingandkingattorneys.com.

Am I Eligible For Chapter 7 or Chapter 13 Bankruptcy?

At King and King, we understand that most clients have never thought about bankruptcy proceedings before. We are here to explain the processes to you, not in legalese, but in terms you can understand. When you meet with your attorney, you will discuss in greater length which chapter of bankruptcy you should file.

Filing under Chapter 7 entails a liquidation of assets, with certain exemptions, in order to discharge debts such as loans, credit cards and medical bills. A Chapter 7 case is ideal for those who qualify and who are not in need of debt reorganization.

Filing under Chapter 13 is a form of debt consolidation over a longer period of time, while protecting you from any debt collection efforts by creditors. For those who desire to reorganize debt such as a mortgage or auto loan, or who do not qualify for Chapter 7, a Chapter 13 can be an efficient means of repaying debt over 36 or 60 months.

For more information on the different bankruptcy chapters, please feel free to contact King and King for a free consultation at 404-524-6400 or visit us at www.kingandkingattorneys.com

Can I get Fired For Filing Bankruptcy?

The Bankruptcy Code is clear on this question: "No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor.”

There you have it: employers are prohibited by federal law from discriminating against you for filing bankruptcy.  Filing bankruptcy can be a stressful experience; however, filing for bankruptcy has absolutely no bearing on a person’s job performance or capabilities.

The decision to file bankruptcy is an important one.  Our role at King and King is to guide you through the process, help you understand it, and represent you against your creditors.  We will be with you every step of the way to make sure that your questions are answered.  To learn more, schedule your free, confidential bankruptcy consultation by calling 404-524-6400 or visit us at www.kingandkingattorneys.com

Will I Need To Go Through Credit Counseling When I File Bankruptcy?

Since October 17, 2005, all consumer bankruptcy filers in Georgia have to complete and obtain a certificate from a state approved credit counselor before a bankruptcy case can be filed. Your credit counseling course is completed online right from our office to keep things simple.

Once your intake meeting has taken place and the contract is signed, the next step is to complete your consumer credit counseling.  It is a quick and easy process.  After your course is complete, we will start your Chapter 7 or Chapter 13 bankruptcy filing.

When you first start to plan filing for bankruptcy, it is important to find the right attorney. King and King offers free consultations to all prospective Georgia bankruptcy clients, so there is no risk in learning what options you have to control your debt. Visit us online at www.kingandkingattorneys.com or call 404-524-6400.