Is Bankruptcy Right For You?
Are you facing foreclosure, wage garnishment, or creditor harassment?
Personal Attention to Every Case
Enjoy a Debt-Free Future!
Bankruptcy Attorney Marietta, GA:
Helping You Move Forward
As the bankruptcy attorney Marietta, GA trusts, Cherney Law Firm has over 15 years of experience helping clients reach their financial goals and begin moving forward.
Filing for Chapter 13
Many individuals experiencing financial hardship either have too much property or feel a moral obligation to avoid filing for…
Cherney Law Firm:
The Bankruptcy Attorney Marietta, GA Trusts
From foreclosure to wage garnishment to creditor harassment, uncontrollable debt can wreak havoc on your life, and it’s easy to feel like you’re drowning once you start to fall behind on your payments. However, when repaying your debt seems like an impossible task, you don’t have to sit back and helplessly watch everything crumble around you. You have options, and Cherney Law Firm is here to help you explore them.
While no two circumstances are alike, if you face financial hardship and out-of-control debt, bankruptcy could very well be your best option. At Cherney Law Firm, we are dedicated to guiding clients through their legal options and helping them navigate the process of resolving their debt through bankruptcy or alternative solutions. Led by the top bankruptcy attorney in Marietta, GA, our firm has helped thousands of individuals and businesses across the Metro Atlanta area successfully file for bankruptcy and gain a fresh start, and we’re here to help you, too.
Years of Experience
Top Bankruptcy Attorney Near Marietta, GA
If you’ve already decided to pursue bankruptcy, you may have considered attempting to file it on your own or hired a general practice attorney to represent you. However, filing for bankruptcy is an intricate process with many cases involving extensive litigation, and it should be pursued along with the counsel and representation of an experienced bankruptcy lawyer with an outstanding attorney profile.
When you need a bankruptcy attorney near Marietta, GA, look no further than Cherney Law Firm. Unlike many firms that practice this area of law, debt resolution is all we do, and that makes all the difference when your property, business, or livelihood is at stake.
Our attorneys have been helping people and business entities reach financial freedom for over 15 years. With Matthew Cherney and his team on your side, you can finally begin gaining the peace of mind you and your loved ones need to get back on your feet. Our thoughtful counseling and outstanding attention to detail mean we’ll leave no stone unturned when working with you, and you can count on us to never lose sight of your best interests.
Understand your rights when it comes to filing for bankruptcy and fighting off creditor harassment.
As a bankruptcy attorney, I understand the fear and anxiety people face regarding their finances.
When you couple finances with the daily fear and anxiety the world has faced over the last ten months, some days may seem impossible. When people are most concerned about the health of themselves and their loved ones, the last thing that they should be thinking about is debt.
For some time now, I have been advocating for the fact that society needs to reframe how it thinks about bankruptcy; particularly now as the pandemic takes its toll on more and more people’s finances. I prefer to think of the bankruptcy process as a tool. While bankruptcy does carry with it a host of negative connotations, it is a problem-solving tool that has many positive aspects.
Our country is primed to realize an increase in bankruptcy filings, so perhaps it is time for people to rethink the negative stigma associated with bankruptcy.
The government funding and stimulus was designed to keep the country afloat. Funding was directed to businesses and individuals. For individuals, it was designed to assist you in maintaining daily/monthly living expenses; the essentials (rent, utilities, food).
- Read more about Filing for bankruptcy from the safety of your home
The stimulus was not intended to allow you to pay your monthly credit card bill. Most banks and lending institutions established their own forbearance and grace periods.
These grace periods are set to expire. Whether this is a rental lease, mortgage payment, vehicle payment or credit card, the creditors will expect payment.
Facing financial difficulties is stressful and overwhelming. However, you can take a positive and preemptive step now toward resolving your financial circumstances.
I can help guide you smoothly through this process. Quality representation is essential to ensure that you are protected.
The Covid-19 pandemic has brought a lot of difficult times on people around the world. However, one side benefit that it has brought has been the ability to handle processes online that have not been viable before.
You can now file for bankruptcy without ever leaving your house, and you can even attend your court hearings via telephone as well
Before Covid-19, you would need to appear physically at our law office, and a bankruptcy attorney would need to witness you physically sign the documents. As many people were already stretched to the limit with work and family schedules, it was often difficult for them to make it to the office physically. Traffic delays alone would account for a considerable number of missed appointments.
We have made these changes to do our part in helping people through this difficult time. As such, you can file your case without ever needing to step foot in our office.
Right off the bat, we conduct your free initial consultation with you by phone. We will review all of your debts, lawsuits, assets, income, and expenses with you during this conversation. Our objective with this call is to get a feel for your entire situation. At the end of your free consultation, we will clearly explain why Chapter 13 or Chapter 7 bankruptcy may be a good option for you.
We offer you the ability to speak directly with an experienced bankruptcy attorney who will analyze your case’s specific facts and answer any questions you might have.
If you choose to move forward with either Chapter 13 or Chapter 7 bankruptcy, we will require you to give us your social security number and birthdate so that we can then pull your credit card to process your bankruptcy petition.
- Read more about the differences between Chapter 7 and Chapter 13 Bankruptcy
If you have received any lawsuits or other bills that you would like for us to include in your case, scan and email them to us, or if you don’t have a scanner, a well-shot photograph will suffice.
This step is the signing appointment, where we will go through each page of the bankruptcy petition with you via Zoom’s screen share function to make sure that it is perfect. When the review is complete, we will use DocuSign to sign the court’s required signature papers electronically.
We will be able to file your Chapter 13 or Chapter 7 bankruptcy case shortly after your signing appointment, so your court protection will begin immediately. We will also mail you a hard copy of the bankruptcy petition after your case is filed, which will require you to sign and send the documents back to us.
Whether you are considering a Chapter 13 or Chapter 7 bankruptcy case, it is essential to work with an attorney that you trust to help you through this challenging process. Please don’t hesitate to call us or use the live chat feature of our website. We will be happy to see you through this process every step of the way.
Before you file for bankruptcy, you probably have some questions about the process. There are many laws and guidelines you need to follow, but there is still a basic format for filing. In this article, we will cover the steps of the bankruptcy process to give you a better understanding of what it looks like. If you want to learn more, our Georgia bankruptcy attorneys are here to help.
Due to the 2005 Bankruptcy Act, before individuals file for bankruptcy in Georgia, they need to receive credit counseling from a government-approved organization within the six months prior to filing. This rule applies whether you file for either Chapter 7 or Chapter 13 bankruptcy. After filing, you must also complete a financial management instructional course.
Read more on: The differences between Chapter 7 and Chapter 13
The Means Test
When you file for bankruptcy, you may choose Chapter 7 or Chapter 13 bankruptcy, depending on your financial situation. The means test calculates your ability to pay back your debts based on your income and necessary expenditures. The court will look at your finances and compare them to the median income for Georgia. If your income is less than the median, you qualify to file under Chapter 7. If your income is higher, you may only have the option of filing for Chapter 13 bankruptcy. However, even if you qualify for Chapter 7, you may choose Chapter 13 bankruptcy if you have secured property that you wish to keep in the process.
When filing, you will need to acquire any relevant financial information such as income sources, large financial transactions within the last two years, living expenses, debts, and property. Keep your tax returns for the previous two years, property deeds, car titles, and loan paperwork on hand.
Filing for Bankruptcy
When you file, either you or your attorney will file a petition and other required forms with your Georgia district bankruptcy court. In these forms, you explain your financial situation and transactions within the last few years. It is important to mention all aspects of your financial status. Any withheld information can jeopardize your petition for debt relief.
If you file for Chapter 13 bankruptcy, be aware that you must also submit a proposed repayment plan. A bankruptcy judge either confirms or denies your proposal at a hearing later on. You will need to attend this hearing.
Filing for Chapter 7 bankruptcy carries a fee of $306. If the fee is not waived, you can pay it in installments. However, the Chapter 13 bankruptcy fee of $281 cannot be waived.
Once you file, an automatic stay goes into effect. Creditors may no longer have direct contact with you, and foreclosure proceedings will halt. The court then appoints a trustee to your case to review your paperwork and ensure creditors are paid accordingly.
Meeting of Creditors
About a month after filing, the trustee will hold a meeting of creditors. The debtor is required to attend as well. The meeting allows creditors to question or object to the proposed plan.
One of the most important aspects of bankruptcy filing is the automatic stay. We will explore how the automatic stay works for you, as well as the creditors’ option to submit a motion for relief from stay.
How Does the Automatic Stay Work?
As soon as you file for bankruptcy, either Chapter 7 or Chapter 13, the automatic stay goes into effect. The automatic stay keeps creditors from collecting debts during your case. When you or your attorney files, you will include a list of your creditors. These creditors will receive a copy of the automatic stay, which prevents them from taking any debt collection actions against you, such as:
- Calling you
- Sending letters
- Foreclosing your home
- Suing you for a debt
- Filing a garnishment on your earnings
- Continuing a lawsuit
- Collecting on a judgment
The purpose of the automatic stay is to give you some financial relief while you develop a plan for your finances and repayment. It also benefits creditors who might not receive anything because another creditor collects all the assets first. The bankruptcy process attempts to divide payment fairly amongst creditors.
While the automatic stay provides you some much-needed breathing room, creditors still have options. They may ask the court to lift the automatic stay so they can continue collecting. The next part will cover what this means for you.
What is a Motion for Relief from Stay?
Sometimes creditors will motion for relief from stay. Not every creditor will file a motion. Most will be willing to receive payment from the bankruptcy plan. It is also up to the creditor to provide a credible reason for lifting the stay.
Secured creditors may try to lift the stay so they can collect on collateral. For example, when you file for Chapter 7 bankruptcy, the mortgage lender may ask the court to lift the stay if you are behind on your payments. By lifting the stay they can continue the foreclosure proceedings. Since you must either pay or return the property under the secured debt, the court will probably lift the stay if you cannot keep up with the payments.
However, the court may deny the motion for relief from stay if the debtor can show the ability to repay the loan with the asset’s equity. By doing so, the debtor demonstrates that the lender is sufficiently protected from financial loss.
Even when a motion comes forward, there is no reason to fight it if you have no intention of keeping the asset.
It is unlikely that an unsecured creditor will ask to lift the stay. If your Chapter 7 bankruptcy does not discharge a debt, a creditor can motion to lift the stay. However, since Chapter 7 cases usually last only a few months, most creditors are willing to wait until the end of the case to start collecting again.
In the case of Chapter 13 bankruptcy, according to the debtor’s three to five-year plan, unsecured creditors receive repayment for debts that are not discharged. Since they will receive partial or full payment, creditors have little reason to ask for relief from stay.
How a Bankruptcy Attorney in Marietta, GA Can Assist You
If you’re being burdened by mounting debt, you may feel like there’s no way out. Our bankruptcy attorneys in Marietta, GA have seen every situation and have assisted countless clients who are experiencing wage garnishment, foreclosure, vehicle repossession, back child support, back taxes, credit card debt, medical bills, lawsuits, and more. We understand the stress you are going through, and we’re ready to help you relieve it.
When you reach out to our lawyers by phone or online for your free consultation, we will arrange a meeting time, where we will first discuss your options related to bankruptcy or some other debt relief alternative. Depending on your situation, your potential relief options might include any of the following:
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Debt Negotiation
- Debt Settlement
- Debt Discharge
- Debt Consolidation
Once we have worked together to come up with the best solution for you, we will exercise a realistic timeline in preparation of your case, give you the information you need to feel confident in our decision, and provide plenty of opportunities to ask any questions you may have about your case. From there, we’ll immediately begin the process of filing for bankruptcy or contacting creditors, allowing you to focus on rebuilding your life while we take care of the details.
Bankruptcy Attorney Near Me
At Cherney Law Firm, we believe that there’s no greater privilege than to be able to help people overcome their financial burdens by filing for bankruptcy, and it’s an even greater honor to serve the communities of Atlanta, GA. With offices in Marietta, Woodstock, and Alpharetta, our firm’s convenient locations provide a simple answer to the question of “Where can I find a reliable bankruptcy attorney near me?”
Personal attention to our clients and an unmistakable commitment to helping people in their time of need are what set us apart from the rest. Additionally, because we believe that debt relief should be approachable and accessible to all, we offer reliable payment plans to help our clients file for Chapter 13 bankruptcy or Chapter 7 bankruptcy without putting additional stress on their shoulders.
Our firm was established in 2012, and this experience is key to a smooth bankruptcy. Since then, we’ve gained a sizable reputation for success among our local community and our colleagues. When you turn to Cherney Law Firm, we will not let a greedy creditor take advantage of your hardships. Call our office today and get help now.
Don’t Face the Court Without a Marietta Bankruptcy Lawyer on Your Side
You do not have to face the bankruptcy court alone. If you feel like you are drowning in debt, a Marietta bankruptcy lawyer at Cherney Law Firm would like to hear from you.
As your Marietta bankruptcy lawyers, we’ll be by your side from the very beginning to help you review your situation and make the most of the options available to you. Our reliable legal counseling can help you determine whether you’d like to file for bankruptcy or pursue alternative debt relief. Once we’ve agreed upon the trajectory of your case, we’ll get right to business and work one-on-one with you through each phase of the proceedings.
Contact a Bankruptcy Lawyer Marietta, GA for More Information on Chapter 13 & Chapter 7 Bankruptcy
Whether you live in Fulton County or Floyd County or somewhere in between, we are ready to help you take immediate action. Debt collection attempts must cease as soon as you file for bankruptcy, so once you begin working with us, you and your family will begin to notice the effect on your well-being right away.
If you’re ready to begin getting your life back in order, we invite you to call our Marietta, Georgia bankruptcy office at (770) 485-4141 today to schedule a free consultation. We look forward to meeting you.
What Are Your Options?
Contact attorney Matthew Cherney and see what your options are when it comes to filing for bankruptcy, or avoiding it all together.