Whether your financial problems stem from credit card debt, medical bills, housing expenses or other financial woes, we will advise you as to whether bankruptcy is your best option and which type of bankruptcy is right for you. If bankruptcy is your best option, one of our bankruptcy attorneys will help you through the process from start to finish. We understand that going through bankruptcy is the last thing you want, but we will give your case the personal attention it deserves and make every effort to ensure that the process is as painless as possible. The rules in Bankruptcy Court are very technical and your case may be dismissed if you miss any of the requirements. Therefore, it is important to have an advocate on your side when going through bankruptcy. If you are facing a situation where you think bankruptcy is an option, contact us immediately for a free initial consultation. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.
Chapter 7 Bankruptcy
- Debts for most taxes
- Debts incurred to pay nondischargeable taxes
- Student loan debt
- Domestic support obligations
- Debts for most fines, penalties, forfeitures or criminal obligations
- Debts for personal injuries or death caused by the debtor’s operation of a motor vehicle while intoxicated
- Debts which are not properly listed by the debtor
- Debts for which the debtor has given up the discharge protection by signing a reaffirmation agreement in compliance with the Bankruptcy Code
- Debts owed to certain retirement plans
- Debts that the bankruptcy court has ruled in this case are not discharged
A Chapter 7 “No Asset” bankruptcy generally takes about 90 days to complete. Once the case is filed, the court will generate a 341 Meeting of Creditors date to take place approximately 30 days from the file date. This is a mandatory meeting that is overseen by the Trustee. The creditors also have the opportunity to appear and inquire about debt incurred. The debtor(s) must then take the Financial Management Course or post-bankruptcy class within 45 days of the 341 meeting. The course is required for discharge and if not timely filed, the case will be closed without a discharge. If the Trustee determines the case to be a “No Asset” case, a Report of No Distribution will be filed. Once the deadline for objection to dischargeability has expired, the court will issue an Order of discharge and final decree. The case is then closed. If you are facing a situation where you think bankruptcy is an option, contact us immediately for a free initial consultation. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.
Chapter 13 Bankruptcy
Chapter 11 Bankruptcy
It is best to consult with an attorney to see if your situation requires a Chapter 11 Bankruptcy. In a Chapter 11 bankruptcy, it is difficult to predict precisely how long it may take to get because of the complexity of formulating the reorganization plan. The reorganization plan needs to be accepted by all the creditors as well as the trustee before it gets implemented. Depending the size and the complexity of the bankruptcy and the assets involved, debtors may come out of the bankruptcy within a few months, or it may take several years. The reason for the time discrepancies is because, at first, debtors have the exclusive right of proposing a plan within 120 days of the filing. After a certain amount of time, the creditors are then allowed to propose their plans for reorganization. The reorganization plan, whatever is chosen, needs to be confirmed by the bankruptcy court. The creditors then need to vote and approve the plan. If the plan is confirmed, then the debtor follows the repayment plan until the debt is completely paid. If the plan is not confirmed then the court looks to other options for the debtor. Some options include converting the Chapter 11 into a Chapter 7 and liquidating the assets. Or in some cases, dismissing the case, and returning the debtor back to whatever their status was before the bankruptcy. Therefore, the timeline is definitely different with each case depending on the assets involved and the difficulty. If you are facing a situation where you think bankruptcy is an option, contact us immediately for a free initial consultation. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.