Just remember that handling this process will be much easier if you enlist the help of a qualified professional. Ways you can do so include the following:.
Many people who are reluctant to file for bankruptcy even though they could benefit from doing so are hesitant because they are embarrassed. While you may feel embarrassed or guilty about your current circumstances, you must remember that people from virtually all walks of life fall behind on mortgage payments and other such bills for a number of reasons. Consistently reminding yourself of this fact can make the process of filing for bankruptcy much less stressful than it may seem.
Along with helping you complete the process of filing for bankruptcy, an attorney can assist you in the following critical ways:. Your attorney can help you cope with these feelings by answering your questions honestly and thoroughly, giving you the confidence you need to manage this experience.
When adverse action is too intense, it is time to file bankruptcy. Convenient payment plans are available. Christopher Ross Morgan focuses on bankruptcy cases, specifically Chapter 7 and Chapter 13 cases. As one of the most accomplished Chapter 7 and Chapter 13 attorneys in Athens, Georgia, he has fought cases through jury trials and argued cases in front of the U. Bankruptcy in Georgia is the only form of debt relief that provides all debtors with an opportunity to settle their debts quickly and relatively easily.
In this article, we will address common questions and what…. Most people file bankruptcy because of job loss, high medical bills, or another event which was beyond their control.
Nevertheless, some people equate bankruptcy filing with financial failure. So, the fact that Chapter 13 filings…. Chapter 13 October 4, Christopher Ross Morgan. Eviction Proceedings Exact procedures vary in different jurisdictions. Generally, however, residential and commercial evictions follow three basic steps: Notice of Eviction: Those notices which landlords post on doors and purport to give tenants five or ten days to vacate the premises have no legal effect.
They are essentially warning shots. They also give the tenant an opportunity to cure the defect without going to court. Eviction Hearing: A local Justice of the Peace almost always handles eviction matters. JP trials are essentially like Judge Judy episodes without the cameras. Typically, the judge hears from both sides then issues a decision on the spot. Order to Vacate: Sometime after the hearing, the judge signs an order to vacate the premises and delivers it to the sheriff, who then executes the order.
At this point, it is normally impossible to work out a settlement. Repossession or Foreclosure A combination of COVID shutdowns and easy credit during the mid and late s have pushed repossessions and foreclosures to almost record high numbers.
Creditor Harassment and Athens, GA Bankruptcy Lawyers The unsecured debt collection process is a mixture of non-judicial and judicial proceedings. It generally involves the following key steps: Reviewing your financial situation with an expert to determine whether filing for bankruptcy is right for you, as well as to determine which type of bankruptcy you should file for; Completing a credit counseling course, which is usually required in order to help those filing for bankruptcy learn how they can avoid getting into difficult financial situations in the future; Completing various forms, which will be easier when you have an attorney on your side to help you avoid any inaccuracies; If you are filing for Chapter 13 bankruptcy , calculating how much you will pay to ensure you repay your debts within the timeframe established under the law; Assignment of a trustee to oversee your case; Completing your confirmation hearing; Taking and successfully finishing a debtor education course, which is another common bankruptcy requirement designed to minimize your odds of falling behind on future debts; Consistently making payments.
Originally published October 24, and updated on October 4, Christopher Ross Morgan. Posts navigation Previous Post. Next Post. Bankruptcy , Chapter 13 , Chapter 7 December 4, Chapter 13 October 11, I need to file bankruptcy chapter Generally speaking, the initial process of filing a Chapter 13 bankruptcy is, more or less, similar to filing a Chapter 7 bankruptcy.
You will need to obtain copies of your credit report from the credit reporting agencies Experian, TransUnion, and Equifax. You can get a copy of your credit reports for free once per year. Keep in mind that not all of your debts will be listed on your credit report. Keep a list. In addition to obtaining your credit report, you will need the following documents:. These documents will help you get a complete and more accurate picture of your finances. Having them readily available will make filling out your bankruptcy forms that much easier.
Next to each debt, write in what type of debt it is. Is it a credit card debt? Is it a medical bill? A payday loan? Secured debts are debts attached to some type of collateral. Your mortgage or car loan are two of the most common examples of secured debts. Unsecured debts include credit card debts, medical bills, payday loans, and any other debt not attached to a specific piece of property.
The next step in analyzing your debts is to determine which debts are priority debts and which debts are non-priority debts. Common priority debts are child support payments, domestic support obligations, and certain tax debts. Whether your debts are secured or unsecured, priority or non-priority, will impact your repayment amount and the order in which your trustee will distribute your Chapter 13 plan payments each month. Make a list of all the property you own and how much each item is worth.
This step is important because you will need to know what you have, and how much of it you can protect using bankruptcy exemption laws. Although filing a Chapter 13 bankruptcy allows you to protect and keep all your property, your Chapter 13 plan will require you to pay certain creditors an amount that is equal to the value of your unprotected property. In other words, you can expect to pay an amount equal to the amount certain creditors would be getting if you had filed a Chapter 7 case.
You can file a Chapter 13 bankruptcy if you are unemployed. However, you must be receiving income from another verifiable source other than from employment. If you receive government benefits, financial assistance from friends or family, or monthly pension payments, for example, you will be able to file a Chapter 13 if you can show that your income is enough for you to make monthly plan payments. Once you create a budget and discover that you don't receive enough income each month to pay your monthly living expenses in addition to your Chapter 13 monthly plan payments, you will not be able to proceed.
The course takes approximately one hour and can be completed online or by telephone. You will need to keep a copy and file it with your bankruptcy paperwork.
This will most likely be the most time-consuming step of the bankruptcy process. The forms ask you about everything you make, spend, own and owe. There are 23 separate forms, totaling roughly 70 pages in your Chapter 13 petition.
You must enter all of your financial data and be able to give the court a full and accurate picture of your financial situation. Part of filling out the bankruptcy forms in a Chapter 13 case is also drafting your Chapter 13 repayment plan. There is no fee waiver option when filing a Chapter 13 case like there is with a Chapter 7. Make sure to also print out the exact number of copies your local bankruptcy court requires.
Before your meeting of creditors, your trustee will request that you send them certain financial documents, like tax returns, paystubs, and bank statements. Your trustee will use these supporting documents to compare and verify the information you have provided in your bankruptcy forms. Failure to send these documents requested by your trustee will result in the dismissal of your case. You will not receive a discharge. Your creditors, however, do have a right to be at your meeting , but they very rarely show up.
Your trustee is tasked with reviewing your supporting documents and using the testimony in your meeting to make sure your bankruptcy forms are filled out correctly and that your proposed plan is feasible.
The next appearance you have to make is at your confirmation hearing. You WILL have to appear in front of a judge on this day. The judge will decide whether to confirm approve your Chapter 13 plan and allow your case to move forward. If there are no objections by either your trustee or your creditors, your case will be confirmed. The hard part is over! Congratulations on getting your Chapter 13 plan approved!
The first payment is due within 30 days after you file your bankruptcy forms. Keep in mind that up until your case is confirmed, your monthly plan payments can increase or decrease.
If you fall behind on your payments and are unable to catch up within a reasonable amount of time, your case will be dismissed and you will not receive a discharge. Taking the second debtor education course is the very last step before receiving your discharge.
Any unpaid balances on most unsecured debts will be eliminated. Congratulate yourself! Successfully reaching the end of a Chapter 13 case is not an easy task. Chapter 13 cases that are filed without an attorney have an enormously low success rate. The majority of Chapter 13 cases that are filed, even with an attorney , do not make it to discharge.
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