Bankruptcy Lawyer in Winder, GA
When the time comes and creditors have reached a tipping point where it is impossible to make ends meet, it could be time to consider Bankruptcy. This is a protection for all of us to clear debts with what assets we have left and start again. The time may come because of a home foreclosure threat or being served with creditors lawsuits seeking a claim against you. You don’t need to feel like you have no where to turn, we are here to help and navigate the Bankruptcy process when the decision has been made to do so. One of the first and important steps is finding out if there are any out-of-court agreements with creditors or debt counseling services that may provide an alternative to a bankruptcy filing. If those will not be a manageable option for your situation the process starts by helping you find which of all your property is “exempt” or “non-exempt” during the Bankruptcy process, depending on which chapter is applicable to your situation.
There are two common types of Bankruptcy called Chapter 7 and Chapter 13. They are called that because Bankruptcy is a federal action and not a state action. There are several “chapters” in the federal law on Bankruptcy and Chapter 7 and Chapter 13 happen to be the two “chapters” that are more common for most people that use Bankruptcy. Other chapters of the Bankruptcy federal code are for other specific types of situations such as farms/agriculture or government entities as examples.
Chapter 7 Bankruptcy
Generally speaking this type of Bankruptcy is for those individuals that qualify to have all debts terminated after all applicable “non-exempt” property has been liquidated or turned to cash and distributed to applicable creditors.
The process involves filing a Petition and serving notice upon all creditors.
Our office will help you identify property that you can keep after the Chapter 7 Bankruptcy as “exempt” property. This is typically personal items, furniture and other items.
Chapter 13 Bankruptcy
This type of Bankruptcy becomes applicable when there is an item of property, commonly as a home, that you want to keep and continue to make payments for that piece of property. Many times the payment terms can be worked out so the payments are manageable considering your monthly income, the debts that are being terminated, and property being liquidated to cash to pay creditors.
Call our Office today to get started. We can work with payment plans and get the process started and be on the way to debt relief for you sooner than later.
The Law Office of H. Douglas Mitchell continues to help many in difficult financial situations use the Bankruptcy protection provided by law in Barrow County, Jackson County, Walton County, Hall County, Clarke County and Oconee County, including Winder, GA, Athens, GA, Gainesville, GA, Jefferson, GA, Monroe, GA, and Watkinsville, GA and the towns in between these areas.