Atlanta Chapter 7 Bankruptcy Lawyer
Helping You Rebuild Financial Freedom
At Cherney Law Firm, we help individuals and families in Atlanta find real relief from overwhelming debt through Chapter 7 bankruptcy. With over 15 years of experience and numerous cases filed, we provide the kind of personal guidance you need to stop creditor calls, protect what matters most, and move toward a fresh financial start.
Why You Need Guidance From a Chapter 7 Bankruptcy Lawyer in Atlanta
If your debts have spiraled out of control, filing for Chapter 7 bankruptcy may offer the relief you need. Often called the "fresh start" section of the bankruptcy code, Chapter 7 is designed to eliminate the vast majority of your unsecured debts, like credit card balances, medical bills, and personal loans, in a single legal process.
At its core, you are asking a Bankruptcy Court to recognize that your debt has grown beyond what your income and budget can realistically handle.
Once your case is filed, an automatic stay typically goes into effect, which may pause creditor calls, wage garnishments, lawsuits, and other collection efforts while your case is pending. If the court grants a discharge, which in most cases happens roughly 90 days after filing, you are generally no longer legally responsible for the covered debts.
Having a knowledgeable Atlanta bankruptcy lawyer by your side can help ensure your paperwork is filed correctly and that your rights are protected throughout the process.
At the Cherney Bankruptcy Law Firm, we offer every prospective Chapter 7 client a free consultation to review the details of your specific situation. Our goal is to give you an honest picture of what to expect, both legally and financially, so you can make the right decision for your future.
Passing The Means Test: How We Can Help
To qualify for Chapter 7 bankruptcy, you need to pass the means test. The means test compares your income over the last six months to the median income for a household of your size in Georgia. If your income exceeds that median, you may not be eligible to file under Chapter 7.
If that applies to you, a higher income does not mean you are out of options. Our law firm can help you explore other forms of relief available under the bankruptcy code, including Chapter 13, that may still put you on a path toward financial stability.
Debts That Can Not Be Discharged
Before going into the process, you should also understand that not every kind of debt can be discharged through Chapter 7 bankruptcy. Secured debts, those backed by collateral such as a home mortgage or a car loan, are treated differently from unsecured debts like credit cards or medical bills.
Debts that are typically not dischargeable in Chapter 7 bankruptcy include:
Student loans
Child support
Tax debts less than three years old
Debts arising from drunk driving cases or other intentional acts
Post-petition timeshare fees
Post-petition HOA fees
Your specific situation will dictate what is and is not covered by Chapter 7 bankruptcy protection, so it is important to review your debts carefully with a knowledgeable attorney.
If any of your debts are secured by collateral, such as your car or home, you will need to decide whether you want to keep that secured property after filing. If you choose to keep it, you are also keeping the debt associated with it. This is generally handled through a reaffirmation agreement, an agreement in which you give up certain Chapter 7 bankruptcy protections as they relate to the debt in question.
You then continue making monthly payments toward that debt, much as you would have if you had not filed for bankruptcy.
Creditors are not legally required to enter a reaffirmation agreement with you, but in most cases, they are willing to do so. Because bankruptcy rules typically require you to wait eight years before filing Chapter 7 again, creditors generally recognize that reaffirming the debt gives them a reasonable path to being repaid.
That said, the outcome of any reaffirmation request depends on the specific creditor and the nature of the debt involved. Understanding which of your debts may be dischargeable, and which may not, is one of the most important steps in planning your financial fresh start. We are here to help you work through those details clearly and honestly.
Become Debt Free In Atlanta
You may have heard stories about Chapter 7 trustees visiting your home to verify whether you truly qualify for bankruptcy relief. In most cases, that visit is not necessary and does not occur. A trustee visit typically happens only when the trustee believes you have high-value items, worth thousands of dollars, that you did not disclose on your Chapter 7 petition.
If the trustee has questions about your home's value, they may send a real estate agent to assess it, though the agent generally does not need to enter your property.
Chapter 7 is not always the best path forward, and your situation may call for a different approach. A Chapter 13 bankruptcy in Atlanta can offer meaningful relief in ways Chapter 7 cannot, including:
Reducing your car payment to the vehicle's current market value rather than the full amount owed, provided you have generally owned the vehicle for at least two and a half years
Spreading mortgage payments over a repayment period of 36 to 60 months, making each payment more manageable
Potentially eliminating a second mortgage on your home entirely under qualifying circumstances
Chapter 13 may also offer a lower interest rate on your vehicle loan, which can make a meaningful difference in your monthly budget over time.
At Cherney Law Firm, we take the time to review your full financial picture and help you understand which option, Chapter 7 or Chapter 13, is likely to serve you better. The right choice depends on factors such as your income level, the types of debt you carry, whether you have secured assets to protect, and your long-term financial goals.
Contact Cherney Bankruptcy Law Firm
Every bankruptcy case is unique, and the details of your situation matter. If you're considering filing for bankruptcy, working with an experienced Atlanta Chapter 7 bankruptcy lawyer can help you understand your options and move forward with confidence. The right legal guidance is always tailored to your specific circumstances, and we're here to listen before offering any advice.
Reach out to Cherney Law and schedule a free consultation today.
Frequently Asked Questions
You may be eligible if your debt load is too high to realistically repay and your income is low enough to pass the "means test." The means test generally compares your recent income to the median income for Georgia households of a similar size. If your income falls under that threshold, or if you can show limited disposable income, Chapter 7 may be an option worth exploring.