These are some of the questions that must be addressed when you consider bankruptcy options:
(1) How badly do I need relief? Are creditors hounding me? Have I been sued? Am I facing a garnishment or foreclosure? Is the pressure of dealing with my debts causing problems with my job, my health, my family relationships?
(2) Should I file under Chapter 7 or Chapter 13? Most individuals qualify for relief under either Chapter 7 or Chapter 13. However, higher income individuals may be restricted to a Chapter 13 repayment plan. Chapter 13 may sometimes be the better choice for other reasons. For example, Chapter 13 can be used to cure a mortgage arrearage to protect your home. Chapter 13 may also allow you to deal with other secured debts in a more effective way, through what is called a “cramdown”. In a cramdown, you only pay the value of the collateral, such as an automobile, rather than the entire debt, allowing you to retain property you may not have been able to afford by simply filing under Chapter 7 and reaffirming the debt according to its original terms. Chapter 13 can also be used to deal more effectively with nondischargeable debts, such as taxes and domestic support obligations.
(3) Will filing a bankruptcy case really help? Bankruptcy under either Chapter 7 or Chapter 13 will stop creditor harassment, foreclosure, garnishments and lawsuits. Some debts, however, cannot be completely discharged (wiped out) by a bankruptcy filing. These include recent income taxes, child support, alimony, and most student loans.
(4) Will I lose my property? In most bankruptcy cases, the debtor is able to retain his property. However, if the property is being used as collateral on a debt, a plan must be proposed to pay the creditor at least the value of the property in order to protect it. If the amount of equity in your property exceeds what you are allowed to claim as exempt property, the property could be sold in a Chapter 7 case. Chapter 13 can prevent this, if you propose a plan that pays your unsecured creditors at least as much as they would have received in a Chapter 7 liquidation.
(5) Can I afford the cost of filing a bankruptcy case? Most experienced bankruptcy law firms will provide a free initial consultation. In Chapter 13 cases, the attorney fees are usually included in the repayment plan, so a case can be started with little money up front.
The most important thing to remember: Get good advice from an experienced bankruptcy attorney. Only a fully qualified, experienced attorney will be able to fully advise you and follow through with the best plan of action.
MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA. WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS. VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070....
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