Are you Creditors Fighting Fair? Or Playing Dirty?

Local Marietta GA bankruptcy attorney wants to let you know that there are limits, creditors have laws too. Now, what exactly are your rights? Creditors can be relentless in the attempt to gain compensation for debts. Sometimes the tactics they use seem downright illegal and in fact, some of those tactics are.

Is what my creditor doing illegal? Well, here are some things that they do…that are illegal!

  • All calls must be between the hours of 8am and 9pm.
  • Debt collectors should inform you of your rights to dispute any debts.
  • All debtors cannot repeatedly call with the intention to annoy, bother, harass or provoke the debtor.
  • If the debtor have sent a written request for contact to be discontinued unless lawsuits, notices of end of collection efforts or notices of intended legal action are the reason for contacting the debtor, a creditor cannot contact the individual.
  • Once a debtor is being represented by a lawyer, a debt collector cannot contact them.
  • Debt collectors are not allowed to publish your name or address on “bad debt” lists.
  • Debt collectors cannot be deceptive to receive payment.
  • Debt collectors cannot seek payment for more than what a debtor justifiably owes.
  • Any abusive language during communications or threatening to arrest or take legal action that is not permitted by law.
  • Debt collectors cannot disclose details pertaining to your debt to any third party, unless it debtor’s spouse or attorney, or threaten to do so.
  • Threats to report or actually reporting any false information on your credit report.

If you have encountered any of the above things, then the debt collectors who have been contacting you are grossly out of line and you have every right to take legal action against them. You should hire an attorney who is well versed in bankruptcy laws and consumer protection laws as these are the very laws that were made to protect you. Give the Sandberg Law Firm, your local Marietta GA bankruptcy attorney, a call. Make sure you get a fair fight!

Filed Under: Bankruptcy Attorney, Georgia Bankruptcy Law, Personal Debt, Reposession Tagged With: , , , , , ,

Protecting Your Assets When Filing Bankruptcy in Atlanta

Bankruptcy in Atlanta can be difficult. Court proceedings are intimidating and the paperwork seems to go on forever, which is why it is important to have a good bankruptcy attorney by your side. A good bankruptcy attorney aims to protect the assets of their client as much as possible when filing for bankruptcy in Atlanta, and will be fully aware of which assets can be protected according to Georgia state law.

  •  According to the Georgia exemption statute, you get what is called a “wildcard” exemption, which amounts to 600, plus you are also allowed to use up to half of any real estate exemptions on any property of your choice. Being creative and taking advantage of these exemptions is something that your attorney can help you with, so that you can minimize your losses while filing for bankruptcy in Atlanta.
  • One asset in particular that your attorney will seek to shelter when you file for bankruptcy in Atlanta is your federal and state income tax refunds.
  • If you are married, keep in mind that any money earned by one spouse is that spouse’s property, even if a married couple is filing bankruptcy in Atlanta together and was married during the time that money was earned. There are other factors that can affect percentages and help both you and your spouse work the numbers further in your favor within the tax law.
  • If you are married and own a house or vehicles together or any assets that do not belong solely to one spouse or the other, then the asset is seen as belonging to each spouse equally. As a judge made clear in one case that when married couples file bankruptcy in Atlanta together, the goal is to distribute everything equally among them. Regardless, it is good to be clear on what is to be kept separate and what should be kept as a joint asset.

For more information regarding how attorneys can assist you in protecting and sheltering your assets when filing bankruptcy in Atlanta, call Sandberg Law Firm today. Sandberg Law Firm can meet the challenge and even provide ideas to avoid filing altogether, while treat every client like the only client.

Filed Under: Atlanta Bankruptcy, Bankruptcy and Real Estate, Reposession Tagged With: , , , , , , ,

5 Ways to Avoid Bankruptcy During Divorce

The process of divorce is stressful – mentally, physically, and economically – and is a big reason many people file for bankruptcy in Atlanta. This is largely due to the fact that what was once an income of two is now suddenly an income of one, with all assets often split in half. Any credit cards, bank accounts or any other means of holding money you have, can be accessed by your ex-husband or wife, making it incredibly important to pay attention to your financial state and the credit you have before, during and after divorce proceedings. Otherwise, you may find that you need to file bankruptcy in Atlanta.File bankruptcy in Atlanta

Here’s the breakdown of what measures you can take to protect your finances and avoid filing bankruptcy Atlanta:

1)  Cancel credit cards that you share with your ex-spouse. If your ex-spouse wants to keep these credit cards, ask the creditors to remove you from the card. If your name is on the card in any way, you will be held responsible. If your ex-spouse is racking up debt with your name on it, you may have to file bankruptcy in Atlanta.

2)  Check your credit report. You’ll want to do this regularly until you and your spouse have parted ways completely. This way you can keep track of any activities, new loans or credit cards that your spouse may incur while you’re in the midst of divorce proceedings. This happens more often then you might think and can lead to the necessity to file bankruptcy in Atlanta.

3)  Figure out how much you owe in debt. Having two to carry debt is much easier than one, but this is exactly what is going to happen when the divorce is finalized. Being rational and prepared for lesser income and greater debt can help reduce the feelings of anxiety that might occur. If you sum up your total debt and the realization is that you will not be able to pay off this debt on your own, you may want to consider filing bankruptcy in Atlanta.

4)  To file bankruptcy in Atlanta may be your best choice. Don’t think that this means you shouldn’t worry about your credit. Always do your best to maintain good credit, regardless of debt owed or if you file bankruptcy in Atlanta. Be wary of any credit card offers that come shortly after you have completed bankruptcy.

5) Remember that if you do file bankruptcy in Atlanta, it will not be held over your head by others, or by creditors. You will have good credit again, but you need to make it happen by staying on task and not falling into debt again.

Again, divorce is a difficult process and it is common to file bankruptcy in Atlanta afterwards or even during. If you find yourself in this situation, give the fine, professional, experienced bankruptcy attorneys at Sandberg Law Firm a call for assistance and advice on how to file bankruptcy in Atlanta. You won’t regret it.

Filed Under: Atlanta Bankruptcy, Bankruptcy and Divorce, Bankruptcy Lawyer Tagged With: , , , , , ,

What Does 2011 Decline in Personal Bankruptcy Mean for Georgia Residents?

Despite recent media talk of rising debt and financial crisis to come, U.S. personal bankruptcy filings declined by 8% during the first six months of the year.

So where does Georgia fall in the personal bankruptcy line-up?Georgia Bankruptcy Filings

Before January 2011 the states experiencing the greatest increase in personal bankruptcy filings were Hawaii (28.9%), California (25%), Utah (24.4%), and Colorado (17.4%). The states that saw their personal filing rates drop during 2010 were Tennessee (-7.2%), West Virginia (-7.1%), South Carolina (-4.1%), Iowa (-3.6%), and Kentucky (-2.7%), pitting Georgia in the middle.

ABI director Samuel J. Gerdano stated that:

“The drop in bankruptcies for the first half of the year shows the continued efforts of consumers to reduce their household debt, and the overall pull back in consumer credit”

– a comforting outlook that contrasts depictions of the U.S. financial state as broken due to over-spending on multiple fronts.

Yet Georgia residents considering personal bankruptcy are not alone. Despite brighter statistics, www.findlaw.com data indicates that one in eight consumers considered or filed for bankruptcy in 2010. And the hardest hit U.S. region? Georgia’s very own Southeast.

The truth is U.S. financial wounds are still fresh, and Georgia residents should proceed through 2011 with caution. We all know it’s important to be aware of current economic conditions to make informed financial decisions, but as media reports itch to draw readers in with doomsday “depression” garb, it can be tricky to gauge the true financial circumstance.

Georgia residents can look to local housing and job market statistics to be conscious of the likely economic forecast, as both sectors often mirror personal bankruptcy filings.

As for Georgians who are in a delicate financial position, it’s important to speak with financial professionals early and often. Despite positive economic statistics and media hoopla, the U.S. economy is still in an unpredictable state that calls for increased awareness and preparation instead of fear.

Filed Under: Featured, Georgia Bankruptcy Law, Georgia Bankruptcy News Tagged With: , , , , ,

Time between Bankruptcy Filings

The time between bankruptcy filings varies depending on which kind one chooses.  The Sandberg Law Firm knows all the facts about the time between bankruptcy filings by heart and is more than willing to share this information with a free consultation.  The new rules about who can file and how often they can go back to court are put in place to keep those who are trying to get an easy way out of debt from hindering those who honestly have no other alternative.  Yet, these new rules also make it harder for the people who have been hit hard by the current recession to find relief through Chapter 7 or Chapter 13.  To get a better understanding of the time between bankruptcy filings this article has a few facts to clear up any confusion.  

Time between bankruptcy filings:Time between Banktuptcy Filings

1)      Period between filing Chapter 7:

If one has filed for Chapter 7 before, they now have to wait eight years to do so again.

2)      Wait time between filing Chapter 7 and a new Chapter 13:

In the case that one has gone through the courts with a Chapter 7 filing, the required wait time to file for Chapter 13 is four years.

3)      Required time between Chapter 13 and filing Chapter 7:

Here the earliest one can go to court with a Chapter 7 filing after Chapter 13 is six years.  The only way around this is if the Chapter 7 paid off a significant amount of the previous debt. 

4)      Period of time to wait between Chapter 13 filings:

To be eligible for a second Chapter 13 filing, debtors must wait two years.

Yet, this does not mean that one can’t file again before the appropriate wait time is over.  The only issue there is that there is little to no chance that the debts will be discharged.  It may seem like it’s not worth the trouble to file in light of this, but filing still stops such things as

1)      Halt foreclosure

2)      The creation of a repayment plan that takes care of debt

3)      The ability to keep one’s vehicle

4)      Stop utilities from being shut off

5)      Stop income garnishments

Call or go online today to find out how the Sandberg Law Firm can help make understanging the time between bankruptcy filings easier.  Due to the current economic climate, many who never thought this would happen are now facing a harsh reality.  Yet, there very well may be a better way to deal with huge debt without the stigma of filing.  There is a team of attorneys in Atlanta GA who put their clients first and willing to do whatever it takes to be the most help.

Filed Under: Bankruptcy Filing, Georgia Bankruptcy Law, Georgia Bankruptcy News, Time Between Bankruptcy Filings Tagged With: , , , , , ,

New Bankruptcy Laws

New bankruptcy laws have been put on the books in recent years with the enormous amount of new cases coming through the courts.  With the housing market taking a huge hit, and other major employers laying off thousands, there are those who were in good financial standing that now suddenly find themselves in a seemingly impossible position.  Yet, there are those who use Chapter 7 or Chapter 13 as an “easy out”.  The new bankruptcy laws are supposed to make it harder for the latter of these to get out of their obligations, but it’s also slowing down cases of those who are honest, hardworking and willing to pay off debts any way they can.  The Sandberg Law firm is up to date on all these new bankruptcy laws and is eager to get a case started with a free consultation.

New Bankruptcy Laws1)      Those who earn over a certain amount will be prohibited from filing Chapter 7 and instead held responsible for repaying some accounts under Chapter 13.  Basically, if the income still earned by the household is greater than the debt, Chapter 7 is impossible.  Yet, in the event that the debt is greater than the current income, Chapter 7 is a viable option.

2)      Every individual or couple that decides to file must first attempt to use a debt consolidation group to find a payment plan that works.  If that is found to be impossible, then a filing can be made with the courts.  This is actually a great idea even if it wasn’t one of the new bankruptcy laws.  Many who have not been faced with this option may panic thinking that filing is the only way to alleviate the weight of heavy debt.  By going through a debt consolidation company one may be pleasantly surprised to find that there is an alternative and thereby a means to keep a filing off one’s credit report.  Yet, if the repayment plan found can’t be reasonably met by the debtor, it’s not required that they agree to it.

3)      Before the case is officially completed, the debtors will be required to sit through a counseling session which teaches healthy ways to manage and spend money.  Once this class is completed, and paperwork shown to the court, the case can reach its conclusion.

4)      Lawyers will now how to personally account for all the numbers their client provides about their debts.  This means longer hours and a higher amount charged to clients to do this.  For those already in a tight bind financially, this won’t help matters.  Due to all these new laws there will be more hours billed and add to the cost of legal representation. 

5)      Those who file for Chapter 13 will be required to provide the amount of disposable income they have under a new equation.  This may lead to some who file spending more money paying off debts and thereby have less to live off.  To learn more it is best to consult with a legal team that understands this math and legal jargon.

6)      There are modifications being made to how one adds up the value of their property which very well may result in said property acquired by a trustee and sold off.

7)      Among the new bankruptcy laws, there are regulations going into effect that require debtors to live in a state a certain amount of time in order to use their specific laws of exemption.

Filed Under: Chapter 13, Chapter 7, Georgia Bankruptcy Law, Georgia Bankruptcy News, New GA Bankruptcy Laws Tagged With: , , , , , , , ,

Bankruptcy Trustees | Their Role in Atlanta GA

A bankruptcy trustees role in Chapter 7, Chapter 11 or Chapter 13 cases varies depending on which filing a debtor choses, but generally bankruptcy trustees are appointed by the court to represent the interests of the creditor(s).  It really depends on the bankruptcy plan as to how much or how little hands-on work the trustees have in the case’s progress through the legal system. Yet, they not only look to get the creditor(s) their money back, they also want to make sure that the debtor payment plan is feasible.  If the debtor cannot realistically send in payments on time, if at all, the creditor(s) don’t see any of the cash their owed.   A superior legal representative with up-to-date knowledge of how all parties work together in each case can break down these figures even farther.  Often a potential client can get an initial consultation for free.

Bankruptcy trustees general facts:Contact the Sandberg Law Firm

1)      They are appointed by The U.S. Trustee who holds off in the Dept. of Justice.

2)      They are responsible for collecting, selling and then dispersing the money from that sale to the creditor or among several creditors

3)      They are able to employ several means of ensuring the creditors in a bankruptcy case see their debt repayment by:

  1. Claim property of a debtor
  2. Liquidate nonexempt property/real estate

The bankruptcy trustees duties change in acccordance with whether one chooses Chapter 7, Chapter 13 or Chapter 11 bankruptcy.  To shed some light on these differences, here are a few key facts:

Chapter 7

1)     Bankruptcy trustees are less involved.  A majority of Chapter 7 filings result from the debtor not having any assets that can be liquidated for debt repayment.  In the instances there is property that can be liquidated, these appointed individuals take care of that.

2)      They are appointed to the case for a period of up to 12 months.

3)      They assess exemptions, maintain schedules and monitor the debtor’s part is following the repayment plan set by the courts.

4)      A bankruptcy trustees have the ability to refuse a discharge to the debtor at the first sign of:

  1. Fraudulent action
  2. Falsified documentation
  3. Any other number of factors which leave a debtor unable to request a discharge.

Chapter 13

When talking about Chapter 13 filings, their part to play is much more involved.  Typically in a district there’s a single official who deals with all Chapter 13 cases.  Here the debtor doesn’t see their filing result in the liquidation of assets, so the overseer’s charge is to see that the payment plan the debtor can reasonably meet is done so on schedule. 

Chapter 13 duties also include:

1)      Stand in on every court hearing that involves the reassessment of property values.

2)       See that all creditors see their debts repaid in a timely manner.

Chapter 11

Bankruptcy trustees work on several level in Chapter 11 filings.  These levels include:

1)      Putting together committees of approximately 14 to 15 individuals to be involved in the case.

2)      Overseeing all proposal of reorganization to verify that the debtor’s information is complete and honest.

3)      Launching inquireies into any issues of fraudulent action.

4)      Report any dishonest practices to the courts.

In all cases, the U.S Trustee monitors:

1)      Organizations and distribution of a debtor’s property

2)      All file keeping on financial matters

3)      Management of money/property between two or more parties

A bankruptcy trustees role is a delicate one between getting the creditors what they are owed while drawing up a plan debtors can realistically meet.  This plays in the benefit of both parties as it gets debts paid and avoids future court involvement if payments exceed what a debtor can feasibly achieve.  They are professionals on the watch for any gray areas where numbers don’t add up.  To make sure a debtor’s interests are being properly represented in a Gerogia bankruptcy case, hire an excellent attorney who has years of combined experience in Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases.

Filed Under: Atlanta Bankruptcy, Bankruptcy, Bankruptcy Attorney, Georgia Bankruptcy Law, Trustees in Atlanta Bankruptcy Tagged With: , , , , , , , , ,
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