Bankruptcy Basics

Chapter 13 Bankruptcy Dismissed?

Filing Chapter 13 bankruptcy in Atlanta has many advantages and gives people who make above median income but still have substantial and even impossible debt accumulation to file for Chapter 13 bankruptcy. Usually when people think of bankruptcy, they think of all debts being discharged. With Chapter 13 bankruptcy in Atlanta, debts are not discharged but rather reassessed and the debtor must come up with a feasible repayment plan in which creditors and loans are repaid. During this time, debtors are provided with safety and security from creditors. Of course, now you might be wondering what happens should your Chapter 13 bankruptcy Atlanta case is dismissed. Here is what would happen.

Creditors can jump into action again. As soon as you file bankruptcy even if the case is pending, including Chapter 13 bankruptcy in Atlanta, all creditors must cease any actions seeking payment. When your case is dismissed, they no longer have to abide by this rule. The phone calls, foreclosures, etc. will simply pick up where they left off. They “stay” is voided.
Creditor claims revert back to pre-bankruptcy form, meaning that the payment plan you made in Atlanta is completely null. Creditors can demand the amount in full of any outstanding loan.

Now, here are three things that you can do, should you find that your case is dismissed:

Oppose the motion. This may at least delay the dismissal process and therefore lengthen the stay holding off creditors.
Re-file. While law gives debtors the rights to re-file Chapter 13 bankruptcy in Atlanta, it’s not that simple. The automatic stay that occurred the first time you filed is now only good for 30 days and if you want an extended stay beyond the 30 days, your bankruptcy attorney must file a motion requesting so from the judge.
If the case is dismissed due to something beyond you, the debtor’s, control, such as illness, or loss of job, a judge may extend the stay on your bankruptcy case and approve a second plan. This however is not guaranteed or favorable.

The goal is to ensure as much as is possible that your Chapter 13 bankruptcy Atlanta case will be accepted the first time and you won’t have to worry about dismissals. To make sure that you know exactly which forms need to be filled out, what documentation you need to provide, and how to make an outstanding and doable repayment plan on your Chapter 13 bankruptcy in Atlanta, give Sandberg Law Firm a call. Their professional and friendly lawyers can assist you in every way and are up to date on any new laws and regulations that affect you.

Filed Under: Bankruptcy, Bankruptcy Mistakes, New GA Bankruptcy Laws Tagged With: atlanta ga bankruptcy, bankruptcy abuse prevention and consumer protection act, bankruptcy atlanta, bankruptcy attorney, bankruptcy attorneys, Chapter 13, chapter 13 bankruptcy, file bankruptcy, united states bankruptcy law

3 Tips for Choosing a Bankruptcy Attorney

It is often very stressful when an individual is considering whether or not to file for bankruptcy. Bankruptcy is often seen as a failure to succeed. According to a bankruptcy attorney Gainesville GA, individuals should remind themselves that bankruptcy is synonymous with reorganization. The Judge is simply reorganizing the estate to account for the creditor’s interests.

So, you have decided to file for bankruptcy–what next? Do you hire an attorney? If you would like an attorney to take charge of the process, where do you begin to look? Most people have no qualms asking their friends and relatives for attorney recommendations. Although, asking for a bankruptcy attorney can be a little embarrassing for some.

Here are some tips from the Sandberg Law Firm to aid in the process:

First, go search the Internet. The Georgia’s Bar Association is a great place to start. When you visit their webpage look for “Find an Attorney” and look down on the page for your local area bankruptcy attorney. Once you find a few names, do not hesitate to call the Association and inquire about past disciplinary action.

Second, never underestimate the power of Internet research. Search Google for terms like “bankruptcy attorney Gainesville GA”. Once you find web pages, search for things like qualifications and specialties. It is important that your attorney work consistently in bankruptcy law. This is because they have professional relationships with Judges and other attorneys. Unfortunately for the law, politics do still matter.

Lastly, many attorneys will give free consultations. These consultations usually take place in person, and are confidential. Meaning they are covered via the professional ethics standards that attorneys practice under. Therefore, a good attorney will specifically talk about what is, and is not covered under the consultation in regards to confidentiality.

Ultimately, when deciding who should handle a bankruptcy you should, at the very least, trust him or her. There is no shortage of attorneys so keep looking if you are not satisfied. Just remember that you can always contact the Sandberg Law Firm to answer any questions, and set up a free consultation. They have the kind of team you will want on your side during some of your most stressful times.

Filed Under: Bankruptcy and the Individual, Bankruptcy Basics, Bankruptcy Filing Tagged With: Atlanta Bankruptcy Attorney, bankruptcy, bankruptcy attorneys, bankruptcy laws, filing for bankruptcy, Ga Bar Association, gainesville ga, gainesville ga bankruptcy attorney

6 Reasons you May Have to File a Chapter 13

Most people assume that everyone files under a Chapter 7 bankruptcy. In actuality there are many different chapters of bankruptcy to file under. Mostly each chapter is dependent on what kind of bankruptcy are you filing, and the type of assets you have. This article will explore a few of the distinctions between Chapter 7 Atlanta and Chapter 13 Atlanta bankruptcy filings. 1) Household Income Disqualifies the Debtor from Filing a Chapter 7: If you work a lower income job, and have a more significant amount of unsecured debt. Chapter 7 bankruptcy filing requires the debtor to qualify at, or below, a median level income level. This level is designated by each individual state. I am sure that those of us filing Chapter 13 Atlanta do not want income compared to that of a Chapter 13 in Beverly Hills. Thus if you make more money than the median income level, you have to look at a Chapter 13 rather than Chapter 7. It is recommended to hire an attorney if you decide to file for Chapter 13. 2) Debtors Can Choose to Keep Property that is in Foreclosure: It is not a fact that under Chapter 7 a debtor would not be able to keep property in foreclosure. However, with Chapter 13 Atlanta the debtor is actually allowed to negotiate with the lender. Most debtors who file under Chapter 13 can negotiate to pay the back payments owed on the property, which in turn allows them to keep the property. This bonus is not specific to property in which the debtor lives in currently. It can also be applied to other secured property in which the debtor wishes to keep. 3) The Debtor Can Choose to Keep Non-Exempt Property: This distinction is very popular because it allows the debtor to choose to keep certain items of property. The Judge will strip the property of its secured status and deem it unsecured. 4) If you choose, you won’t lose any nonexempt property: When the debtor gets together with their bankruptcy attorney, they can discuss the value of items and whether to give it back to the creditor or to continue paying for it. 5) Chapter 13 bankruptcy has more categories of debts that can be negotiated and/or wiped out. 6) Bankruptcy trustee wants the Chapter 13 bankruptcy plan to work and will help the debtor do whatever it takes to come up with a feasible plan: When filing bankruptcy, consider looking into Chapter 13. It has a lot to offer for those who just had some bad luck, need to reduce debts, or consolidate their debts without losing any property. However it is good to know the difference between chapters. It doesn’t hurt to discuss this with a bankruptcy attorney and see how it works for your situation. If you, or a loved one, has considered filing for bankruptcy it is best to consult with an attorney first. This consultation will likely be free and will help you decide which chapter is most appropriate. Be sure to give the Sandberg Law Firm a call to answer all of your questions, and set up a free consultation today.

Filed Under: Bankruptcy Attorney, Chapter 13, Chapter 7 Tagged With: atlanta bankruptcy, Atlanta Bankruptcy Attorney, bankruptcy, bankruptcy in georgia, chapter 13 bankruptcy, chapter 7 bankruptcy, filing for bankruptcy, personal finance, united states code

2 Reasons to Consult a Bankruptcy Lawyer Prior to Filing

Many people view bankruptcy synonymous to failing, however this is not the case. Bankruptcy, under the eyes of the law, has traditionally been viewed as a reorganization of finances. The reason being is that in the United States we did not want the act of filing for bankruptcy to ruin a person fiscally, in a permanent fashion. In many other countries your credit will always be destroyed. When making the decision to file, one should consult the help of a bankruptcy lawyer Gainesville GA.

The first reason to consult with a bankruptcy lawyer is due to the serious nature of filing for bankruptcy. This will dramatically affect your credit history. Thus it is always beneficial to have someone on your side that speaks the language. There are many chapters of filing for different financial situations. Some chapters are specifically designed for commercial businesses. However, many times, a person qualifies for 2 or more chapters. Without the help of an attorney how would you know the repercussions of filing for one chapter but not another?

The second reason to consult with a bankruptcy lawyer Gainesville GA is peace of mind. It is actually a very serious offense to hide, or not divulge, all assets in bankruptcy proceedings. Well, what qualifies as an asset? Does the lake house you share equally with two other families qualify? What about an international bank account? There are many more of what I term as ‘gray-area assets’. Regardless you have to know which of your assets count. If you are deemed to have hidden assets in a bankruptcy preceding the Judge can impose a variety of serious penalties.

Proceedings take time. Thus it is important to choose an attorney carefully. Ask friends and relatives for recommendations, also use the Internet to search rankings for local attorneys. In the end you will be thankful to have a knowledgeable advocate from the Sandberg Law Firm by your side.

Filed Under: Bankruptcy Attorney, Bankruptcy Basics, Bankruptcy Filing Tagged With: bankruptcy, bankruptcy attorney, bankruptcy filing, bankruptcy lawyer, bankruptcy lawyers, Chapter 13, Chapter 7, gainesville bankruptcy attorney, gainesville ga

7 Steps to a Fresh Start after Bankruptcy

Listed below are 7 steps to a fresh start after an Atlanta Ga bankruptcy. The following is information that will help you understand the process and what you need to do to make it happen after filing for chapter 7 bankruptcy. After these steps are completed, your debt slate is wiped clean, and any outstanding debts are discharged; there’s proof that it’s a simple as these 7 steps to a fresh start after Atlanta Ga bankruptcy. The Sandberg Law Firm is at the ready to answer all questions, in plain English, to all those who call for a free consultation.

The first step here is obvious: Be sure to think twice before filing for bankruptcy. If you truly feel that bankruptcy is your only option to get a fresh start on life.

Your next step is: hiring an attorney. While this isn’t legally required, it will ensure that your bankruptcy proceeds as smoothly as possible.

The third step is to file the bankruptcy petition where you live. That attorney you hired will help you with the required forms.

The next step is simple: make sure you pay all the required fees. You should be asked to pay these fees to the filing clerk when you file the petition.

Now you’re on to the fifth step. This is the step in which all creditors are notified of your bankruptcy petition by the bankruptcy clerk. You provide the names and contact information of the creditors to be notified. After this is done, something called a “stay” happens. This means that those creditors can no longer hassle you. No more calls for collections, garnishments, lawsuits or telephone calls. After 20 to 40 days, the case trustee will arrange a meeting with the creditors.

This is the sixth step: It is important that you cooperate with the case trustee. You will need to provide documents, financial information and answer questions. While some assets may be exempt (varies by state), all non-exempt assets will be liquidated and sold to pay creditors. The case trustee has a lot of power here, and it is important that you aid him/her as much as possible.

Finally, the seventh step: Your fresh start on life after bankruptcy. This step is the completion of the bankruptcy petition and process. As long as there are no objections, you will no longer be held responsible to repay most of your debts. This means that creditors can no longer hassle you. The debt discharge is decided 60 to 90 days after the case trustee has met with the creditors.

There you have it, 7 easy steps to a fresh start after Atlanta Ga bankruptcy. Be sure to call the Sandberg Law Firm with any additional questions you may have.

Filed Under: Bankruptcy and Finances, Bankruptcy Attorney, Bankruptcy Basics, Bankruptcy Process Tagged With: atlanta ga bankruptcy, attorneys, bankruptcy, bankruptcy atlanta ga, bankruptcy petition, chapter 7 bankruptcy, fresh start, law firm, personal finance

Top Reasons a Bankruptcy Case is Dismissed

The Top Reasons a Bankruptcy Case is Dismissed are often due to reasons a client could have easily prevented. A good first step towards getting the best result in court is to hire a Gainesville bankruptcy attorney. To save time, contact the Sandberg Law Firm to get the ball rolling with a team who puts the client ahead of making money. Listed below are the Top Reasons a Bankruptcy Case is Dismissed.

1) The court finds that you don’t pass the means test. This is a test which takes into consideration all a clients money and/or possessions. If there are enough means for a client to pay off a majority of the debt, it’s possible the court will reject the case.

2) Another top reason for a case being dismissed is if someone filing in court doesn’t provide all the requested tax information and declaration of assets in good order.

3) The failure to show up to any mandatory hearing, or creditors meeting, can be reason for dismissal. Being punctual is not only courteous, it’s what’s best for the case. The impression one wants to put forward is one of professionalism, and desire to take repayment seriously.

4) In respect to Chapter 13, if the court looks at all of the debt, and discovers one’s personal income and assets makes a repayment plan impossible, the case can be thrown out. The client and attorney must find a way to create a repayment plan that can be met, so as not to fall even farther behind once the case is settled.

5) It’s the law that everyone attempting to file must first meet with a credit counselor, for a way around Chapter 7 or 13. If one fails to complete the counseling, their case will not make it before a judge.

The top reasons a bankruptcy case is dismissed include things that are up to the client to complete successfully. A qualified attorney can be a big help in court. They will remind their clients of court dates and deadlines, as well as present the case in the best possible light. Yet, to keep everything in check, each individual must take some responsibility to find a fast conclusion. The relationship between lawyer and client is like one of a team. Don’t settle for anything but a consummate, thoughtful legal professional that has the client’s best interest at the top of their priority list. Homework should be completed on several attorneys, so ask friends and family for suggestions, then check the internet. In the end the Sandberg Law Firm will be the only right answer.

Filed Under: Bankruptcy and Finances, Bankruptcy Attorney, Bankruptcy Court, Bankruptcy Process Tagged With: atlanta bankruptcy, bankruptcy, bankruptcy attorney, bankruptcy cases, bankruptcy courts, debt, dismissed, filing bankruptcy, questions

5 Things to Remember about Bankruptcy Court

Atlanta Bankruptcy attorneys have a few tips that may be missed by individuals who are headed to court are some of the most crucial. It doesn’t matter if one is looking at a Chapter 7 or Chapter 13 filing, these helpful tips apply to both. Before deciding to file, talk to a professional to make sure this sort of legal action is what’s necessary. Some of the new laws state that trying a debt consolidation company, as well as other options, are mandatory before a case can be heard in court. We are a team of Bankruptcy Atlanta GA attorneys who are eager to make their client’s potentially stressful situation a lot easier.

5 things to remember about bankruptcy court include:

1) Get to the court on time. Punctuality shouldn’t be taken lightly when going to court. This is often part of the court’s first impression of one trying to go through the legal system to relieve personal debt. A good rule of thumb is to arrive half an hour early to make sure you can park and walk to the courthouse in time to meet the judge. Also, when one gets there early they have more time with their Georgia bankruptcy attorney and address new issues.
2) Court parking isn’t always free. In most cases, if one checks online they can discover whether or not a courthouse charges for parking. With so much stress already related to filing in court, try to reduce other annoyances as much as possible.
3) Make sure you call your Atlanta GA bankruptcy lawyer as directed. If it has been a few days since one has made contact, give them a ring to guarantee nothing has been missed. One’s representation can’t get the best conclusion without the complete cooperation of their client.
4) It’s a good idea to find child care for one’s youth if at all possible. Children can often get restless during long court days and become a distraction. Of course, if it is impossible to get around bring children to court, attempt to have family come to keep them in check. In some cases the hearing addresses certain issues perhaps young one’s shouldn’t hear.
5) Plan the day before what one shall wear to court and make sure it looks professional. Avoid wearing blue jeans and T-shirts. Tennis shoes and/or flip flops are not appropriate for court.

5 things to remember about bankruptcy court have nothing to do with legal procedure. These are hints that the individual must take care of on their own while their legal counsel covers all paperwork and deadlines. Contact an bankruptcy attorney in Atlanta GA today and start the case off on the right foot.

Filed Under: Bankruptcy, Bankruptcy Basics Tagged With: atlanta ga bankruptcy, bankruptcy, bankruptcy atlanta ga, bankruptcy attorneys, bankruptcy courts, Chapter 7, georgia bankruptcy attorneys