When insurmountable debts, creditor pressures, and financial crises become unmanageable, it might be necessary to get professional advice. With over fifty years of experience handling legal cases in the state, Deming Law is a trusted name in Georgia’s legal scene. We help people get back on their feet after a financial crisis, by offering them tailored guidance on what the best course of action might be for their specific situations.
Consult with Our Atlanta Bankruptcy Attorneys for Expert Guidance
Facing bankruptcy is indeed a challenging journey, however, it’s possible to successfully overcome it with the right legal help. At Deming Law, we have a specialized team of personal injury attorneys in Atlanta who know Georgia’s bankruptcy laws inside and out, offering personalized advice that aligns with your unique financial situation.
So, if you’re grappling with financial challenges and considering bankruptcy, the following sections will help you make informed decisions on what to do next. According to Title 11 of the U.S. Revised Code, bankruptcy laws recognize several types of bankruptcy and allow various filing methods.
Bankruptcy Process Overview
In Atlanta, there are various forms of bankruptcy filings. Each one of them offers a different path to solving debt and addresses specific financial situations. The most common types include:
- Liquidation bankruptcy: This type of bankruptcy is typically pursued by individuals who lack sufficient income to repay their debts through a reorganization plan. It involves a process where a trustee is appointed to oversee the sale of a debtor’s non-exempt assets. Then, the proceeds from these sales are distributed to creditors as a means of settling debts.
- Reorganization bankruptcy: Tailored for businesses facing significant debt challenges, this is a common choice for corporations and small businesses alike. The process enables companies to maintain their day-to-day operations while developing a structured plan to repay creditors.
- Wage earner’s repayment plan: This option is designed for individuals with a consistent income stream, and involves creating a repayment plan that allows debtors to make manageable installments to their creditors over a period ranging from three to five years. This plan is particularly suitable for those who wish to retain their assets while systematically reducing their debt burden.
Types of Bankruptcy
Each of the various types of bankruptcy available is tailored to different financial situations and goals. The decision to choose a particular type of bankruptcy hinges on several factors, including the debtor’s income, the nature of their debts, and their long-term financial objectives.
Additionally, each type of bankruptcy has its own requirements and legal procedures. For example, those considering liquidation bankruptcy will need to follow the specific filing requirements asked by the U.S. Bankruptcy Court, which will be different from those who choose another type of bankruptcy.
The U.S. Courts provide all the bankruptcy forms you need to pursue legal action, no matter the type of bankruptcy filing you choose. These forms cover various aspects of the bankruptcy process, from voluntary petitions to detailed schedules of assets and liabilities.
All of this can certainly feel overwhelming, but don’t worry. The guidance of an experienced lawyer will make all the difference in helping you successfully overcome bankruptcy.
Damages You Can Recover After Bankruptcy
After filing for bankruptcy, there are opportunities to recover and rebuild your financial stability. These include:
Debt Discharge
Debt discharge offers a clean slate by eliminating certain types of debt. This process is governed by specific laws and varies based on which bankruptcy you decide to file. In this scenario, our attorneys can guide you through the debt discharge process and help you understand which debts are eligible for discharge under the bankruptcy laws.
Rebuilding Credit
Rebuilding credit post-bankruptcy is a critical step towards financial stability. It involves consistent financial discipline and strategic planning to gradually restore your credit score. Here, our attorneys can help you by providing strategies and insights that effectively establish a solid financial foundation for the future.
What Are Your Legal Options After Bankruptcy?
Post-bankruptcy, you need to engage in careful consideration and planning. But you’re not alone in your journey to financial recovery. These are the available legal options to consider after bankruptcy:
Financial Counseling
Financial counseling helps you manage your finances effectively post-bankruptcy. The help of finance professionals allows you to make informed decisions and regain control of your finances, equipping you with the necessary tools and knowledge to avoid future financial pitfalls.
Legal Protections
Legal protections offer a safeguard as you rebuild your financial life. On the one hand, the automatic stay halts most collection actions against you and provides a much-needed respite from creditor harassment and lawsuits.
Another legal protection is the discharge injunction, which prohibits creditors, once your bankruptcy case concludes and certain debts are discharged, from attempting to collect these discharged debts. This means no more calls, letters, or legal actions related to those debts, offering a clean slate and peace of mind.
To fully understand your legal protections post-bankruptcy and leverage them to your advantage, our attorneys can provide comprehensive legal advice and assistance to ensure you are able to move forward after bankruptcy.
Why You Need a Lawyer for Your Bankruptcy Case
In their pursuit of debt collection, creditors often engage in practices that violate the Fair Debt Collection Practices Act, resulting in creditor harassment. Such harassment intensifies financial stress and leads to a cycle of fear and avoidance, which only worsens the financial situation.
Knowing one’s rights in these scenarios is crucial, and legal recourse is available to those who face such unethical practices. Taking action not only provides relief from harassment but also paves the way for more constructive solutions to debt management.
Navigating Georgia’s bankruptcy law requires professional expertise. If you’re thinking of filing for bankruptcy in Atlanta, don’t hesitate to contact us today to discuss your case and get a detailed assessment of your legal options.
Atlanta Office
2200 Century Pkwy NE, Suite 800
Atlanta, Georgia 30345
Phone: 404-636-4900