Bankruptcy


	BANKRUPTCY Call For A Free Consultation 404-593-2720 In this economy, you and your family may be facing hard financial times. Whether you lost your job or fell victim to high interest rate credit cards or home loans, making it difficult to pay back your debts, there are bankruptcy laws available to protect you from creditors’ collections activities, so you can stop worrying and turn over a new leaf. Bankruptcy can: • Stop Foreclosure on Your Home • Stop Garnishment on Your Paycheck • Stop Harassing Creditor Calls • Stop All Debt Collection Activity • Stop Automobile Repossession • Stop Lawsuits Davis & Millard, LLC is an Atlanta law firm of bankruptcy attorneys dedicated to assisting people in the Atlanta metro area with moving on from difficult financial situations by filing bankruptcies. We offer free thirty minute consultations with lawyers who will evaluate your situation and come up with a plan to help you out of debt. We will work hard to help you turn over a new leaf and protect your house, your car, your bank account, and your paycheck from creditors. When we meet with you, we can counsel you as to which of the two types of bankruptcy filings, Chapter 13 or Chapter 7, is the best for you. We are located in the heart of Sandy Springs, but are convenient to cities in the metro Atlanta area, including Roswell, Dunwoody, Tucker, Decatur, and Marietta. Further, if you are unable to make it to our offices, we will make special arrangements to come to you. Call us today for a free consultation! How Bankruptcy Stops Foreclosure When your home is under the threat of foreclosure, filing bankruptcy stops the foreclosure by imposing a stay or an order to stop foreclosure procedures initiated by creditors. Whether you file a Chapter 7 or a Chapter 13, you will be have some time to make decisions before the mortgage company actually forecloses on your home. In a Chapter 7, you have the option of catching up on past due payments on your mortgage in order to keep your home. In a Chapter 13, you can consolidate past due payments on your mortgage and other debts into monthly payments and keep you home. Whatever you decide to do, a bankruptcy filing is the beginning of a plan for a better financial future. How Bankruptcy Stops Garnishment When a creditor obtains a judgment against you, the creditor may be able to garnish your wages directly through your employer and take up to 25% of your pay check each pay period. Creditors may also be able to garnish your checking and savings accounts directly and take everything in your accounts to satisfy your debts to them. Bankruptcy acts to stop garnishments because creditors cannot make any collections efforts upon the filing of a bankruptcy. Whether you file a Chapter 7 or a Chapter 13, the bankruptcy will stop creditors from draining the money you need to take care of your family. How Bankruptcy Stops Repossession When you are behind on your car payments, creditors have the right to repossess your car. Whether the creditor is going to show up unexpectedly at your home or place of employment to take your vehicle is a stressful fear. Filing Chapter 7 bankruptcy can at least temporarily stop repossession so that you can have a plan for how to address your financial situation. Filing Chapter 13 bankruptcy could enable you to consolidate past due payments to automobile creditors and other debts into a monthly payment.
	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)