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Bankruptcy FAQ

Filing for Bankruptcy in Northeast Georgia

The information in this site will be tremendously helpful to you and your family if you are in danger of losing any property because you fell behind on your payments. Whether you are facing foreclosure, repossession of your vehicle, garnishment of your wages, IRS debt, lawsuits, excessive medical bills, child support arrears, or any other excessive debt, or if you are feeling the pressure of increasing debt with no end in sight and no way out, the information provided here will give you immediate hope that you can get your life.

Good people get into excessive debt through no fault of their own. and it can affect every part of their lives. Congress created bankruptcy protection to give good, honest people like you a break and to allow them to get a fresh start. Good families have been ruined by excessive debt with no apparent way to get out from under this crushing burden. Bankruptcy is your way out of this mess.

My goal is to give you good, solid, accurate information about bankruptcy and how it can help you now. After you have read this information, you will be able to make a good, informed decision about your future. Knowing what to expect can give you peace of mind and increase your chances of successfully completing your bankruptcy. I cannot help those people who have filed numerous, prior bankruptcies with no real intention of completing a case and filing merely to hold off creditors. The bankruptcy code has very strict requirements. Filing a bankruptcy take a lot of effort from you and your bankruptcy lawyer. Because of this, I can represent only those individuals and married couples that have an honest desire to work within the law to get out of debt and get a fresh start in their life.

In most circumstances, the debt that has buried you is not your fault! Pick up any vehicle ad, or listen to vehicle radio and TV ads. What do you see most times? The dealer is selling the monthly payment in an effort to try to convince you that you can afford this payment. Only in very small print or rapid talk at the end of the ad does it tell you the true price and conditions. They never tell you how much your insurance will increase or other new costs that you will have. It makes me sick to see how often good, honest, hardworking people just like you are taken advantage of, over and over, by the credit industry. Whenever I think of creditors, I think of predators. They want to hunt you down and take advantage of you.

Until recently when Congress intervened, your credit card statement told you what your minimum payment was. In many cases, if you paid just the minimum each month, it would take approximately 25-30 years, sometimes more, to pay the debt in full. But the credit card companies never told you this information! Recently, one credit card statement I saw showed that it would take 41 years to pay the credit card balance if only the minimum payment was made! Now the credit card companies have to disclose not only how long you pay if you pay only the minimum, but they have to disclose how much you would have to pay each month to pay the debt within 3 years. They do not want you to know this information. They want to keep you keep you paying for forever! Go ahead and check your credit card statements right now. You will be shocked!

In Georgia, the foreclosure laws favor your mortgage company and provide very little protection to you. Some states require a mortgage company to file a lawsuit and get a judge’s order before it can foreclose. However, this is not the case in Georgia. In Georgia, if you get behind on your mortgage, the mortgage company can foreclose on your home very easily. It must send a notice to you in the mail, and then advertise in the local legal newspaper for four weeks. Then, on the first Tuesday of the next month, it can sell your home on the courthouse steps. Chapter 13 bankruptcy can stop the foreclosure immediately. No one wakes up and decides to run up enormous debt with no intention of paying it. Sometimes, it is the fault of predatory lenders and misleading advertising. Other times, there is a loss of a job, unexpected, excessive medical bills, a divorce, or a death in the family. Most people are honest, did not get into debt on purpose, and have a sincere desire to get out of debt and get a fresh start. I can help these people.

Please understand that creditors and collection agencies do not care about you. They care only about getting paid. The fact that you have an unexpected, bad thing happen is not their concern. When you tell them about your very unfortunate circumstances, they will be very sympathetic, and then demand that you make a payment immediately! Some debts are so old that they are uncollectable. However, if you make a payment on one of these debts before talking with a lawyer, the debt can be revived! Then, you could be responsible for this debt again! If you or a loved one has been the victim of abusive or aggressive creditors, or if you simply cannot keep up with your debts, what you need is useful information that you can trust.

You cannot work with your creditors yourself and get a reasonable result that you can handle. You cannot borrow your way out of debt. I have seen many people try, but they have not been successful. Pawn shops, payday loan companies, and other small loan companies with outrageous interest rates are not the way to go. Dealing with these predators will only get you deeper in the hole. The deck is stacked against you, just like the odds are against you in a lottery or in Las Vegas. I am giving you all of this information for free. Pick up a yellow page phone directory or look at lawyer ads that advertise bankruptcy on the internet. Most of these ads look alike. How many of them provide any useful information? Probably very few! Sometimes the ads say that the lawyer handles many different types of cases and provide an extensive list. The law is very complicated and gets more complicated every day. No one can specialize in many different types of law. My practice is limited to mostly bankruptcy law and serious motor vehicle accidents. I want you to have good, honest, reliable, and helpful information that you can review at your leisure. There is no pressure and no hype. You will be able to make an informed decision that will be in your best interest in your home, not in some lawyer’s office where you could feel pressure to hire the lawyer immediately without a chance to shop around. Look at the lawyer ads again. Most or all offer free consultations. A good quality consultation takes at least 45 minutes. More complicated cases take longer. The information here will answer many of your questions without you having to take valuable time out of your day. As soon as you get into their office, you are given forms to fill out to get your bankruptcy started. But after only a few minutes of talking with you, how can the lawyer be sure that filing bankruptcy will be in your best interest? It definitely is in the lawyer’s best interest because that is how the lawyer earns a living. Many times, you will meet with a lawyer for a few minutes, and then be passed off to a paralegal or legal assistant. Think about this-when you go to your doctor for a serious medical problem, do you want to see the doctor, or do you want to see a nurse or medical assistant? I offer free consultations also, but because of the great amount of time it takes, I would like you to be educated about the process before we meet. This will save time for both of us. But even I do not take your case, or if you decide to hire another lawyer, you will be educated about bankruptcy, what it takes to file, and how it will affect you and your family. If I decide to accept your case, we will be in the battle together against your creditors. However, I cannot give legal advice in this website. Nothing you read in this website should be considered legal advice. Also, you should not believe anything in this site unless you already know it to be true or until you verify it independently. I can give legal advice only after you have agreed to hire me and after I have agreed in writing to take your case.


To make your creditors settle for what you can afford, rather than what they demand?
To stop the harassing letters and phone calls that your family and you get?
To get a good night’s sleep for a change because you no longer have to worry about your debts?
To have more control in your life? To stop these horrible predators from bothering you at work, at home, on your cell phone, in your email, garnishing your wages, sending you nasty letters, and trying to take your family’s home and cars?
Not to fight with your spouse about money problems?
Not to have your children see your spouse and you fighting over money?
To be able to get your children the things they need for school and recreation, and allow them to participate in extra-curricular activities?
To be able to buy healthy, nutritious food for your family?
To be able to take your family out for dinner or a movie?
To be able to afford to maintain the vehicles your children ride in to be sure the vehicles are safe?
If any of these things would feel good, you should consider bankruptcy. You will either be able to eliminate most or all of your debts (Chapter 7) or have a payment plan that you can afford to pay back some or all of your debts and eliminate most of the balances (Chapter 13).


It depends on your debts. In most circumstances, you can eliminate or substantially reduce most of your unsecure debts-medical bills, credit cards, loans, debts owed to family members, some older income taxes, and debts from lawsuits. You will still have to pay student loan debts, child support arrearages, alimony arrearages, debts incurred as a result of injuries caused if you we driving under the influence, recent income tax debts, and certain business tax debts. Only a thorough evaluation by a competent, qualified lawyer who is very familiar with the Bankruptcy Code will you be sure of your rights and what can be accomplished in bankruptcy.


You can stop harassing phone calls, collection letters, foreclosure, repossessions, lawsuits, and garnishments IMMEDIATELY by filing bankruptcy. Take control of your life and tell your creditors how much you can afford to pay and how much they will have to accept. The moment your case is filed, you are protected and your creditors must stop all collection efforts. Even the IRS, the meanest and most aggressive collection agency in the country, must stop! In most circumstances, a repossessed vehicle must be returned to you. Your bank cannot take your bank accounts unless you owe money to the bank where the account is. Your IRA, 401(k), and pension are all protected in most cases. DO NOT borrow against or liquidate these accounts before you file. If you do, any money that you get from the account has to be used to pay your creditors!


There are many warning signs-some are obvious and some are very subtle. Here is a list of questions for you to consider. Do any of these apply to you?
Are you paying only the minimum payments on some or all of your debts? Remember, it can take 25-30 years or more to pay a credit card if you make only the minimum payment.
Are you having to decide which bills to pay this month?
Have any of your utilities been turned off because you have not paid the bills?
Are you using cash advances from one credit card to pay other bills? Have you financed a vehicle for more than 48 months so you can afford the payments?
Are you making only the minimum car payment each month?
Has your FICO score (credit score) been lowered because of excessive debt or missed payments?
Are you behind on your mortgage payments?
Are you hiding your vehicle so it cannot be repossessed? This is illegal could get you in serious trouble!
Do you and your spouse/significant other fight about money?
Are you getting collection letters from your creditors?
Are you getting collection calls on your cell, home, or work phone?
Do you screen your calls to avoid dealing with these bills?
Are your children missing school functions because you cannot afford to pay the fees?
Have you pawned your car title or other property to help get cash?
Do you live paycheck to paycheck?
If you or someone in your family gets sick and you miss work, will you be forced to miss payments?
Are you behind in paying income or property taxes?
Do you have to feed your family unhealthy food on a regular basis because you cannot afford to buy nutritious food for them?
Are you borrowing money from family and friends to pay bills? Or have they stopped taking your calls?
Are your debt problems causing you excessive stress, difficulty sleeping, problems at work, problems in your relationships, or negatively affecting your health?
Do you think that you are in debt trouble?
Does your close family think that you are in debt trouble?
If you answered YES to ANY of these questions, you are probably in worse debt trouble than you think. You need help immediately before it gets worse for you and your family. Isn’t it time to take control of your finances? Isn’t it time to take control of your life?

Consider this — Knowing what you know about your debt situation, would you lend money to yourself?

Some people think they can borrow money to get out of debt. This will ABSOLUTELY NOT WORK. Every time you do a cash advance, there is a fee that must be paid. If you are late on a credit card payment, the bank will penalize you by raising your interest rate. This will make future payments harder to make. Your troubles will begin, or continue, to get worse with no way out!

1. You must be eligible for bankruptcy. Bankruptcy Code §109 sets out the requirements to be a debtor in bankruptcy. For example, you must meet certain income and debt requirements. Also, before you file under any bankruptcy, you must take a credit counseling course from an agency approved by the United States Trustee. If you do not meet the eligibility requirements or complete the credit counseling requirements, your case will be dismissed.
2. You must attend a Meeting of Creditors. This is an opportunity for the Trustee and your creditors to ask questions about your income, debts, and intentions. In many circumstances, few if any creditors appear at the meeting.
3. You must provide copies of your most recent Federal tax return to the Trustee well before you Meeting of Creditors. Failure to do so can result in dismissal of your case.
4. You must provide copies of your last 6 months pay stubs. This can be very time consuming. If you are considering filing bankruptcy, you should begin to gather these immediately. If you have not kept copies of the stubs, you can ask your employer for copies. Failure to provide these pay stubs can result in dismissal of your case.
5. In Chapter 13, which is a repayment plan, you are required to make regular, periodic payments to the Trustee. Most times these payments must be made by payroll deduction. If you do not make the required payments, your case can be dismissed.
6. In Chapter 13, you must file a plan that meets the requirements of the Bankruptcy Code and the local rules of the Court. Failure to do so can result in dismissal of your case. Many times after the Meeting of Creditors, the Trustee will file an objection to confirmation of your plan. This is very common and happens in almost every case. You will be given an opportunity to amend your plan and schedules to address these objections. Failure to adequately amend your plan and schedules can result in dismissal of your case.
7. In both Chapter 7 and Chapter 13, you must file certain documents on a timely basis. Sometimes, a debtor can file a skeletal petition, then file the documents later. This is extremely dangerous because your case will be dismissed if the missing documents are not filed as required. My policy is to file all required documents at the same time. Of course, there might be an emergency situation that requires otherwise, but this is the exception, not the rule.

Please review this free, very valuable information. Write down any questions you have. If you decide to file bankruptcy, or just want to talk with me to see if bankruptcy is in your best interest, please call me at678-971-3081, or complete the Contact Us form to schedule a free, no obligation consultation with a lawyer.

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