Is It Better to File Bankruptcy Before or After Car Repossession in Atlanta?

While a vehicle lender can repossess your vehicle as soon as you are late on a payment, most lenders don’t repossess right away. They’d usually rather have you make the payments so that they earn the interest on the contract. Most likely your lender has the legal right to repossess, and sometimes repossession can happen very quickly.

It’s Better to File Chapter 13 Bankruptcy Before Repossession

Filing bankruptcy stops repossession, even if the lender has already started the process. The moment your Georgia bankruptcy lawyer files your case, an “automatic stay” goes into effect. This legally stops all collection efforts against you and your property. It will halt the repossession process in its tracks and allow you to protect and keep your car.

Getting Your Car Back After Repossession

You can potentially get your vehicle back after it’s already been repossessed. However, you must act fast and speak to a bankruptcy attorney as soon as possible. You may only have ten days to act. King & King has been helping people in Georgia gain a fresh start for over 40 years, and we understand everyone's financial circumstances are unique.  To find out what bankruptcy will actually mean to you, contact King & King today to schedule a free initial consultation at 404-524-6400.

Do I Need a Lawyer to File Bankruptcy in Georgia?

Filing for bankruptcy in Georgia can be of the most important decisions you will make in your life. The bankruptcy process is complex, and a single mistake could compromise your ability to successfully complete your bankruptcy case. Because bankruptcy has become more common, people other than lawyers are building businesses around the filing process. If the person preparing your bankruptcy does not have the necessary legal experience to file your case correctly, they could jeopardize your bankruptcy discharge.

The difference in hiring an attorney over a petition preparer is the petition preparer simply completes forms on your behalf. They are not required to have any formal training or undergo a background check, which means you could be handing your sensitive information over to someone you really don’t know. Additionally, they cannot provide any legal advice, so you must educate yourself about complex bankruptcy law before using their services.  Further, in the Northern District of Georgia, the United States Trustee’s Office frowns upon petition preparers.

Filing for bankruptcy involves much more than filling out forms. The bankruptcy lawyers at King & King can provide the kind of legal support you need to protect your rights and get the fresh start you deserve. Call us today to schedule your free consultation at 404-524-6400.

How Can I Stop a Lawsuit From a Creditor in Georgia?

If you have received a letter about a debt collection lawsuit in Georgia, do not ignore it. A lawsuit will not go away if you don’t do anything, and typically will result in a default judgment against you. If the creditor wins the lawsuit, without much notice to you, there are actions they can take to recover the money you owe them.

Garnished Wages

Once a debt collector wins the lawsuit, they can garnish your wages. When a garnishment order is sent to your employer, you can expect them to withhold a portion of your wages and send the money directly to your creditor.  A wage garnishment is a devastating way to pay back a debt, and can quickly send your life into a financial spiral.

Your Bank Account Can be Frozen

The debt collector can also send the judgment to your bank to “freeze” your bank account. If your account is frozen, there are actions you can take to defend yourself. An experienced bankruptcy attorney can explain to you the next steps on how to “unfreeze” the account and keep your money.

 Bankruptcy May Be An Option

If you cannot afford to settle or fight the debt collector in court, a bankruptcy filing may be the best for you. Chapter 7 bankruptcy can eliminate most debts and provide you with a “fresh start.” Once a petition is filed with the Bankruptcy Court, any debt collection lawsuit (garnishment or frozen account) will be stayed. To find out if bankruptcy is right for you, call the offices of King & King for a free consultation today at 404-524-6400.

Can I Keep My Car If I File For Bankruptcy In Georgia?

If you are thinking about filing for bankruptcy in Georgia, we know you have a few questions. One of the questions we hear most often is “what will happen with my car loan?” If you do not own your car outright will you lose it? Can it be left out of the bankruptcy?

Bankruptcy Can Help You Keep Your Car

If you’re filing under Chapter 13 bankruptcy, you’ll be able to keep your car as long as you keep making your Chapter 13 plan payments and otherwise comply with your Chapter 13 plan. Under Chapter 7, whether you keep your car will depend on your ability to make payments. In Chapter 7 bankruptcy, your attorney can file a “Statement of Intention” indicating whether you want to keep or surrender the vehicle. If you cannot afford the monthly payments on your car loan, then you may consider surrendering the car. The auto loan balance will be fully discharged in your Chapter 7 bankruptcy.

King & King has been helping people in Georgia gain a fresh start for over 40 years, and we understand everyone's financial circumstances are unique.  To find out what bankruptcy will actually mean to you, contact King & King today to schedule a free initial consultation at 404-524-6400.

Can You File For Bankruptcy Twice In Georgia?

Millions of people have filed for bankruptcy protection. After receiving a bankruptcy discharge, most people make every effort to stabilize their finances. However, it’s not uncommon for individuals to need to file a second or even a third bankruptcy petition. If you have filed for bankruptcy and need to file again, your eligibility for debt discharge will be influenced by what type of bankruptcy you filed in the past, what type you are filing now, and when you filed the most recent bankruptcy.

Time restrictions on filing bankruptcy:

For Chapter 7 bankruptcy, in most cases you cannot receive the same type of discharge again until 8 years have passed since the date you filed before.

Many people end up needing to refile their Chapter 13 bankruptcies.  The rules on this are complex.  Contact King & King today for a case review.

It Is Possible to File a Different Type of Bankruptcy

If you previously filed Chapter 7, but would like to file Chapter 13 bankruptcy, it is possible to do so. If you previously filed Chapter 13, but now want to file Chapter 7, this is also possible. You may even be able to convert your current active case from Chapter 13 to Chapter 7.  However, there are many intricate rules. Speak to your attorney to find out what your options are for your specific situation.

For more information regarding your rights and options when you are facing bankruptcy, contact King & King bankruptcy attorneys for a free consultation at 404-524-6400 or visit us online at www.kingandkingattorneys.com

How to Clear Medical Debt In Georgia

Large medical debts are one of the most common reasons people consider filing for bankruptcy in Georgia. Even with insurance, an emergency visit to the hospital can cost thousands. Filing for bankruptcy is sometimes the best option for breaking free of medical debt. Your bankruptcy lawyer can help you decide the best option for your situation.

Bankruptcy Can Eliminate Medical Bills

Depending on the type of bankruptcy you qualify for, you may be able to eliminate your medical debt by filing for either Chapter 7 or Chapter 13 bankruptcy.

Chapter 7 Bankruptcy

If you qualify for Chapter 7 bankruptcy, your discharge will wipe out your medical bills along with your other general unsecured debts including credit card debt. There is no limit to the amount of medical debt you can discharge in Chapter 7 bankruptcy.

Chapter 13 Bankruptcy

In Chapter 13 bankruptcy, medical bills and all other general unsecured debts are also dischargeable.  You may not have to pay unsecured debts back at all, or you may just pay a portion.  The amount you pay depends on your income, expenses, and nonexempt assets.

There’s no shame in not being able to pay your medical bills. No matter how high your income or how well-insured you are, expensive medical bills from accidents and illnesses can happen to anyone.

We understand unexpected medical bills are a common reason why people in Georgia and the greater Atlanta area consult bankruptcy lawyers. At King & King, our attorneys understand the difficulties your family is facing. Call us today at 404-524-6400 for a free consultation.

What Can You Keep in Chapter 7 Bankruptcy in Georgia?

If you're thinking of filing for Chapter 7 bankruptcy in Georgia, you may be surprised to find out that much of your personal property will be exempt from liquidation. When bankruptcy works the right way, you will emerge from your bankruptcy debt free, while keeping your home, car, and possessions.

Here is a quick look at property that will likely be exempt from liquidation in your Chapter 7 bankruptcy.

• Your primary motor vehicle. 
• Clothing. 
• Furniture, household goods and other items. 
• Household appliances. 
• Jewelry. 
• Retirement pensions. 
• Equity in your home. 
• Tools of your trade. 
• Social security, disability benefits and other public benefits. 
• Personal injury damage awards.

Qualifying for bankruptcy is the first step you can take towards achieving a fresh financial start. Speak with a knowledgeable bankruptcy attorney from King & King today to get your questions answered with a no-obligation consultation.

Learn more about how to stop your home foreclosure, keep your car from being repossessed, and other important actions you can take to getting your life on track call King & King at 404-524-6400 for help today.