BANKRUPTCY

If you are facing foreclosure or garnishment and have creditors constantly calling you, we offer free thirty-minute consultations for bankruptcy matters.  We can stop foreclosure, garnishment, and the nagging phone calls.  When we meet with you, we can counsel you as to which of the two types of bankruptcies, Chapter 13 or Chapter 7, is the best for you.

 

 
 

Chapter 7

Chapter 7 bankruptcy is a simpler form of bankruptcy relief that allows you to wipe out your debt, subject to some exceptions.  Although in most cases, you will be required to sell or allow foreclosure upon your property, there are some exemptions.  Thus, in some cases, you may be able to keep your assets.  When you file a Chapter 7 petition, creditors are prohibited from continuing their collection efforts or court proceedings against you.  At the end of your bankruptcy case, the court will order that your debts are discharged, giving you a “fresh start.”  Attorneys' fees for a Chapter 7 are usually less than the fees for a Chapter 13 filing, but must be made upfront.

 

 
 

Chapter 13

Chapter 13 is a form of bankruptcy that consolidates your debt into a payment plan based on your current income and reasonable expenses.  The Chapter 13 payments are made over the course of three to five years and must be approved by the court.  Chapter 13 often allows debtors to keep property, such as houses and cars, that may be lost in a Chapter 7.  Your attorneys' fees are paid through the Chapter 13 plan, so the only upfront costs to you are filing fees and a small credit counseling fee.

 

 
 

Credit Counseling

All debtors are required to engage in credit counseling before filing and before receiving a discharge for either Chapter 7 or Chapter 13.  Credit counseling can be completed through a short online session at the following website:  http://www.cccsatl.org/.  The cost of each counseling session is $50 for a total of $100.  We can assist you in completing the online counseling session in our offices.

 

 
 

Documents You Need to Bring to Initial Consultation

  • Picture Identification

  • Three Most Recent Pay Stubs

  • Three Most Recent Tax Returns

  • Recent Credit Report (no older than 1 month)