Cooling and Winter, LLC – Stop Wage Garnishment and Lawsuits
Matthew J Cherney of Cherney Law Firm can stop bank and wage garnishments from law firms like Cooling and Winter, LLC
Who is Cooling and Winter, LLC ?
Cooling & Winter is a law firm that represents debt collectors and they are located in Georgia. When a creditor is having trouble collecting from it’s debtors, they will often-times use the services of law firms like Cooling & Winter. These creditors are usually credit card companies like Capital one or Bank Of America, but they can also be debt collection companies and student loan buyers. It is important to note that most of the time, the creditor seeking their services has made several attempts to collect their debt from the debtor and has not been successful.
Can Cooling and Winter Garnish my Wages?
As a debtor, you need to understand that once a creditor retains a law firm like Cooling and Winter, they have every intention on getting a court ordered judgment to collect that debt. At this point, Cooling and Winter can and will ask the court for a judgment to garnish your bank account or your wages. If they intend to garnish your wages, they will notify your employer and your employer is legally required to take up to 25% of your wages each pay period. By garnishing your bank account, they will now legally be able to take what is owed to them directly from your checking or savings account.
Why is Cooling and Winter Calling Me?
If you have come to this website, you most likely have been getting calls or letters from Cooling and Winter, LLC. These calls and letters are very stressful because they are either threatening to sue, in the process of suing you or have already sued you and won.
Can I win a Lawsuit From Cooling and Winter?
A majority of the time, Cooling and Winter will win their lawsuit vs the debtor because the debtor never appears in court. This is an easy win for them. Once the court grants the judgment in favor of Cooling and Winter, there is little the debtor can do. At this point there will be a judgment that will appear on your credit report for the next 7 years and Cooling & Winter will most likely pursue with garnishment.
Cooling and Winter Contact Information:
Cooling and Winter, LLC main office is located in Marietta, Georgia. Close to Atlanta, Georgia
1090 Northchase Parkway SE, Suite 300
Marietta, GA 30067
Phone Number: 770.988.9055
Toll Free: 800.291.5144
How can I stop Cooling and Winter from Wage or Bank Garnishment Against me?
First and foremost, Cherney Law Firm would like to point out that a debt collector has every right to try and collect a debt that is owed to them. We do not advocate any sort of promotion of not paying a creditor that is rightfully owed a debt.
With that being said, we also understand that there is a bigger picture that may need to be addressed. Most of the time when one of our clients that contact us about about a wage garnishment that they have received from law firms like Cooling and Winter, also have other recurring debt problems also. A majority of the time it is at no fault of our client that this has happened.
We understand that bad things happen to good people. Sometimes it is a job loss, or it can be that you simply do not make enough money to pay your bills and have enough money left over for other things that you and your family need.
If you contact our office, a wage garnishment attorney will be able to stop the wage garnishment immediately. We can also help you get your life on track by eliminating all of your debt or getting you into a payment plan that can save you from foreclosure or car repossession.
Cooling and Winter, LLC FAQs
Can Cooling and Winter legally garnish my wages
When Cooling and Winter files a judgment in the court to collect debt and the judge awards them the judgment, they can and will legally garnish your wages. This can be up to 25%
Can Cooling and Winter garnish my bank account?
In some states, If Cooling and Winter wins a judgment against you in the court of law, they can garnish your checking or savings account for the the full amount of money owed to them.
Why is Cooling and Winter Suing me?
Cooling and Winter is a debt collection law firm. If you received notice that they are filing a judgment against you, it is most likely that they are representing a debt collector that you owe a debt to. If they are successful and win the judgment against you, they may now legally be able (in some states) to garnish your bank account or wages to collect that debt from you.
Does Cooling and Winter collect for Capital One?
Cooling and Winter LLC is a debt collection law firm that represents many lenders, banks and credit card companies. Capital One is one of them
Does Cooling and Winter collect for Bank Of America
Cooling and Winter LLC is a debt collection law firm that represents many lenders, banks and credit card companies. Bank of America is one of them
Atlanta wage garnishment attorney Matthew Cherney of Cheney Law Firm
Atlanta wage garnishment attorney Matthew Cherney of Cherney Law Firm can stop your wage garnishment immediately. If you live in the Atlanta area and creditors are garnishing your wages or they are threatening to garnish your wages, Cherney Law Firm can stop it. By filing for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy you will immediately get relief from wage garnishment.
Cherney Law Firm has been helping his clients fight wage garnishment in Georgia for over 8 years. With 3 offices in the Atlanta area, there is a convenient location for you to choose from.
If you are unsure if bankruptcy is right for you, the best thing to do is to schedule a free consultation. Call us at 770.485.4290 or fill out our contact form at the bottom of this page. We can meet in any of our Atlanta Area offices and Mr.Cherney will be happy to discuss your wage garnishment situation.
Don’t Ignore Wage Garnishment
Chances are that you are receiving phone calls and letters about the debt that you owe. Instead of ignoring all of these calls and letters, it is always best to speak with your creditors to see if there are alternatives that can be worked out. Communication is the key.
Wage Garnishment Laws in Georgia
In order for a collection of Involuntary wage garnishment in Ga, the debt collector must have the right of garnishment. There are two types of wage garnishment types, court ordered or non court ordered.
Court Ordered wage garnishment
In a court ordered wage garnishment, the debt collector files a suit in court to collect a judgment against the debtor. If successful, they can legally garnish your wages or your bank account. You can and should appear in court to defend yourself if you believe that you do not owe the debt.
There are circumstances when a court ordered judgment is not necessary for garnishment in Atlanta Georgia.
IRS Debt (Taxes)
Can A Creditor Legally Garnish my Wages in Georgia?
The question I always get from clients is, are Wage garnishment is legal? In Atlanta, Georgia. much like most cities in the USA, The answer to that question is yes. Your creditors can legally require your employer to with hold up to 25% of your wages (in some case more) but they must first get a court order to do it. They will send you a notice that to appear in court and whether you appear or not, the court can make a judgment against you.
How to Stop Wage Garnishment in Georgia
The ideal situation would be to contact Atlanta wage garnishment attorney to help you before a garnishment has been ruled against you. Attorney Matthew Cherney can then try and do debt negotiation for you with your creditor. If this does not work, filing bankruptcy before the order against you will stop the moment that you file. That means that the creditor can no longer proceed to try and get a wage garnishment or try to collect the debt that you owe.
One other reason that is very important to some people to stop a wage garnishment before a court grants it is because by stopping it before it happens, you employer will never find out. Once a creditor is granted a judgment against you, they will send a notice to your employer with forms and guidelines about the wage garnishment judgment against you.
It is important to note that even if you are already having your wages garnished, we can help. Unfortunately, this is the situation that a majority of our clients find themselves in. We will stop it immediately and come up with a plan to end your debt problems and give you a brand new start.
Read our Testimonials
Finding a knowledgeable and experienced Atlanta wage garnishment attorney is very important because you need someone who understands wage garnishment law in Georgia. At Cherney Law Firm, all we do is bankruptcy and everything related to debt negotiation and wage garnishment. Feel free to read our testimonials and read our Google reviews. We are very proud to be one of the best reviewed in the Atlanta area.
How Much Does an Atlanta Wage Garnishment Attorney Cost?
We offer a FREE CONSULTATION to all of our clients so you can see for yourself that Cherney Law Firm has the experience and knowledge to help you. We will explain to you what will happen if you choose to use our services or not. Every situation is unique, so we do not have a one price fits all model. It will all depend on what service we provide to help you. Whatever service we do provide, we will offer you a monthly payment. plan.
Georgia Wage Garnishment FAQs
Can my wages be garnished for child support is Georgia?
In the state of Georgia, a court ordered child support comes with automatic income withholding's. Child support garnishments can be up to 50% and even more can be added on if there are arrears.
Can a credit card company garnish my wages in Georgia?
Your credit card company must file a lawsuit in the state of Georgia and win a judgment against you in order to garnish your wages. Once the judgment is made against you, they can garnish your wages or your bank account.
Can my wages be garnished for missed car payments?
If you are late on car payments, your lender will repossess your car if you do not continue to make payments. Once the car is repossessed the lender will sell your car, usually at an auction. If your lender sells the car for less that you actually owed, the difference becomes what is called a deficiency amount. If there is a deficiency amount, your lender can sue you to get a judgment for the deficiency amount in a court of law. If they are successful, they can legally garnish your wages or bank account.
Can my wages be garnished for taxes in Georgia.
The IRS does not need a court order to levy your wages, your bank account or seize your assets in the state of Georgia. A tax levy will be filed against you and you will have 30 days to appeal it. If you do not appeal it OR you lose your appeal, the IRS will use it's levy powers to collect any debt owed to them , A tax levy will stay on your credit report for 7 years, even if you have satisfied the debt.
Can a landlord garnish my wages for rent?
If your landlord is able to get a court judgment, they will be able to garnish your wages or your bank account. They must file a suit against you in the court of law and win. You will be notified and have a chance to defend yourself in court if you think that you do not owe the debt. If you fail to appear, the landlord will most likely win the judgment against you.
Atlanta, Georgia bankruptcy attorney Matthew J Cherney Can halp Atlanta area residents with chapter 7 & 13 bankruptc
Atlanta, Georgia Bankruptcy Attorney
Contact Cherney law firm to represent you in for your Atlanta Georgia bankruptcy filing. Cherney Law Firm has 3 offices in the Atlanta, Georgia area to serve all of your Bankruptcy needs. If you are overwhelmed with debt and you simply cannot afford to pay your bills anymore, bankruptcy might be the answer. You can schedule a FREE consultation and we can explain all the ways that we can help. The sooner you face the situation, the sooner you can live your life without the stress that is eating away at you every day. Call us today at 770-485-4920
What is Bankruptcy?
Bankruptcy is a court proceeding to help debtors who can no longer pay their debts. The two most common forms of bankruptcy are chapter 7 and chapter 13.
Atlanta Georgia Chapter 7 Bankruptcy
A chapter 7 bankruptcy is often called the “fresh start” bankruptcy because you are able to wipe out all of your debts and start over. Any assets that you do have are sold by the bankruptcy trustee to pay your creditors. After all of your assets are sold, any remaining debts are forgiven. There are some assets that are considered “exempt” and you are able to keep them but all of your “non-exempt” assets are liquidated and sold.
Atlanta Georgia Chapter 13 Bankruptcy
In a chapter 13 bankruptcy, you reorganize your debts and develop a payment plan to pay back your creditors in a 3-5 year period. It is designed for individuals with regular income. A chapter 13 is also used if you have fallen behind on loans or mortgage payments. You are able to able to repay any payments that you are behind in the chapter 13 repayment plan.
How can Filing Bankruptcy Help?
Cherney Law Firm, LLC has been helping their clients in Atlanta, GA for over 8 years. We are here to answer all of your bankruptcy questions to help you examine what is the best way to get you out of debt. We have handled thousands of cases and we have seen every situation.
The moment you file a chapter 7 or chapter 13 case , the collections stop. Your creditors are subject to the Automatic stay. This means that creditors can no longer pursue ANY collection efforts against you. No more phone calls and no more bills sent to your house. If a creditor attempts to collect a debt, they they may be violating the bankruptcy law as well as Georgia and also federal law.
Filing Bankruptcy in Atlanta
When you file bankruptcy in Atlanta, GA. your are actually filing for bankruptcy in the Northern District of Georgia, one of three bankruptcy districts in the state for the United States Bankruptcy Court. Cherney Law Firm can file all of your paperwork and prepare you for every step of the process.
We will be here for you every step of the way, which means whenever you have a question, we will be here for you.
Types of Attorney Bankruptcy Services we Offer Atlanta Residents
When you have decided whether or not bankruptcy is for you, the next step is to decide which type of bankruptcy would be best for your situation. Cheney law Firm mostly deals with either a chapter 7 or a chapter 13. There are many factors that go into deciding which one will best for your situation. If your home is in foreclosure or your car has been repossessed, a chapter 13 is best for you. A chapter 13 is a repayment plan, it will allow you to keep your home and car. In fact, a chapter 13 is best for any situation that you have fallen behind on payments.
A chapter 7, often is often referred to as a “fresh start” bankruptcy. It is used mostly when your debt is outweighing your income and you want just that, a fresh start. You will take what is called the means test to figure out if you qualify for a chapter 7 bankruptcy. If you do qualify, by filing you will be able to eliminate your current debts. You will not be able to keep your home. You will be assigned a trustee and the trustee will liquidate any assets that you have to pay off creditors. If you do not qualify, you can still file a chapter 13 in Atlanta, the means test results will reveal what you are able to afford with a repayment plan.
Why do you need and Atlanta Bankruptcy Lawyer?
One of the worst feelings is to tally up your debts, compare that total with the money you actually have to pay them, and come up short. With the way things are in today’s economy, there are all sorts of pitfalls forcing people into difficult financial situations. If you find yourself in an extremely stressful and overwhelming financial situation or are facing the loss of your home, seek immediate help. Very often in these stressful times, people think the worst and assume they have no options. It is important to understand that this is not the case; financial stress can and will be relieved with the help and direction of an Atlanta Bankruptcy attorney.
Here at the CherneyLaw Firm LLC, we take great pride in assisting and representing Atlanta debtors feeling the anguish of dealing with severe debt that cannot be reasonably paid. We truly know the horrible feelings you are enduring and are anxious to provide the legal services that you need to successfully guide you through this trying situation. You will quickly see how our guidance in these issues starts to be a great stress reliever.
A lot of individuals hear the word bankruptcy and want to run away from it, but we take the time at our firm to carefully explain and help you to comprehend just why this is not something for you to fear. We will carefully analyze the debts that are consuming you, as well as your current financial status, so that we can properly advise you whether Chapter 7 or Chapter 13 bankruptcy will best benefit your personal situation. Every question you have will be carefully answered for you to completely understand and grasp, so that you will start feeling comfortable with the direction you are heading.
Bankruptcy Filing in the Atlanta Georgia
Cherney Law Firmwill be there to offer Atlanta bunkruptcy guidance every step of the way
For clients in Atlanta dealing with all sorts of different type debt situations, our law firm provides professional debt relief services. We are dedicated to assisting you to obtain financial freedom by negotiating a revised payment plan with your creditors, or by helping to have your debts discharged. We will assist you in making the proper decisions and provide you the best possible assistance in taking the proper actions to relieve your debt. If the correct action is not bankruptcy, we will direct you to the proper course to resolve issues and provide you with the best resources to continue moving forward. Our goal is to gain you a fresh start financially!
In Atlanta, GA, choosing bankruptcy can be a frightening experience. We can help you begin the filing process, once you have made the decision to go ahead. Some good news is that debt collection attempts made by creditors must cease as soon as you file for bankruptcy. This gives you a chance to get your life back in order somewhat. We will gather all needed documents, negotiate with the lenders and can even facilitate short sales on your behalf.
Your situation will be carefully examined by bankruptcy lawyer Matthew J. Cherney who will then direct you onto the very best road to be taken. He can help you identify if a bankruptcy alternative would best fit your situation, or if bankruptcy is the best option, he will provide personal and detailed assistance with the entire process. We will guide you completely through the proceedings. Please do not hesitate a moment longer to contact us and let us start assisting you at once!
Atlanta Georgia Bankruptcy FAQs
How much does it cost to file for chapter 7 bankruptcy in Atlanta Georgia?
The filing fee to file for chapter 7 bankruptcy in Georgia is $335.00. This fee must be paid whether you decide to use an attorney or not.
How much does it cost to file for Chapter 13 bankruptcy in Atlanta Georgia?
The filing fee to file for chapter 13 bankruptcy in Georgia is $310.00. This fee must be paid whether you decide to use an attorney or not.
Do you have to have an attorney to for bankruptcy in Atlanta, Georgia
No, the state of Georgia does not require you to have an attorney represent you for a bankruptcy filing, however, having an attorney has many benefits and greatly increases your chances that your bankruptcy case will not be denied by the Georgia bankruptcy courts. If you decide to file without an attorney, you should do as much research on the filing process as possible so you do not miss any steps of the process.
Health care costs have been rising exponentially over the course of several years.
Beginning with the introduction of the healthcare marketplace, benefits from employers began to decrease as covering premiums for employees rose impacting the bottom line of many companies.
As a result, you have taken on increased medical expenses even for routine appointments making affording preventative healthcare as well as reactive healthcare back-breaking for your bank account.
You might be considering bankruptcy but don’t know where to start or if this will impact the care you receive from your current providers. The good news is, it is not unheard of to file bankruptcy due to medical bills. About 60% of all bankruptcy claims include medical bills or have such listed on the petition.
What kind of bankruptcy can I file?
At the end of the day, bankruptcy is bankruptcy. There is no special kind you can seek out to discharge this kind or that kind of debt. Something to consider when you move towards filing is that bankruptcy clears all unsecured debt (e.g. credit cards, utility bills, friends and family loans, etc.)
Filing for bankruptcy leaves you little room to haggle over what is shown to the court. When filing, you will be asked to be forthcoming with every debt you own as well as all assets, income, and expenses.
Bankruptcy does not clear every single debt you have depending on the form. For example, should you owe child support or income tax, these debts will not be forgiven. Other debts, such as student loans, may only be discharged under extraordinary circumstances. Also, if you’d like to maintain property after the bankruptcy is complete, such as your car or home, you will be expected to keep and maintain these debts with regular, on-time payments. While this form of bankruptcy has many appealing attributes, not everyone qualifies for Chapter 7.
Chapter 13 allows you to repay your debts over three to five years. Your payment through the court will be determined by the debts you owe as well as what amount of disposable income you have coming in each month. This means your monthly expenses are taken into consideration when making payments, unlike when you’re paying these debts directly to the creditors. At the end of your payment plan, you could end up paying less than you actually owe and have the remaining debt discharged.
Will I get to keep my doctor?
The answer to this question depends on your physician. Many hospitals and physicians understand why patients file bankruptcy and will continue to see you. At the same time, a physician holds the right to refuse future treatment should you discharge their fees in bankruptcy.
At the end of the day, you have options. You can always find a new physician should yours stop providing treatment due to bankruptcy. While that reality may sting, bankruptcy could be the answer to preserving your future.
In Georgia, a Chapter 7 bankruptcy is legal proceeding asking the courts to discharge your debts. If successful, most unsecured debts will be forgiven, and the debtor gets a “fresh start”. Once a chapter 7 is completed, the debtor is free of major debt. There are assets that you may be able to keep during and after your bankruptcy. How you structure your bankruptcy can have a major impact on the results that you get.
The State of Georgia has three United States Bankruptcy Court districts
Once you figure out which district you are living in, it is time to file. There are two ways that you can do this in Georgia, you can file by yourself or you can hire an attorney to file for chapter 7 for you.
How to File for Chapter 7 by Yourself in Georgia
If you are confident in yourself and would like to file for chapter 7 on your own, there are many resources that will help you in the state of Georgia. There are online guides from companies like Upsolve, or you can go to the State of Georgia Bankruptcy website to find out information on the forms that you need.
Hiring an Attorney to File Chapter 7 Bankruptcy in Georgia
If you are uncomfortable with all of the paperwork and ramifications of improperly filing for chapter 7 by yourself, you can hire an attorney to represent you. Hiring an attorney has a distinct advantage because that is what they do. An attorney will know all of the Georgia bankruptcy laws and can prepare and file all the needed paperwork on your behalf. They are also available to answer any questions throughout and even after your bankruptcy is discharged.
Georgia Chapter 7 Bankruptcy Exemptions
The purpose of filing for bankruptcy is to achieve debt relief in order to rebuild a sense of financial security. In Georgia, exemptions in chapter 7 are very important. It is nearly impossible to do so if everything you own is taken from you during bankruptcy. Many people assume that you must lose everything including things such as your finances, your home, and your car when you file, but this is not true. According to United States Code §522, a person who files for bankruptcy may request certain exemptions, including interest on home loans and vehicles, any life insurance policies that have no yet matured, and other such assets.
It is important to note that some states will allow the person filing to choose between using Federal exemptions or state exemptions. The State of Georgia does not allow you to do this. You must use Georgia state exemptions. There are a few instances that you may be able to use federal non bankruptcy exemptions.
Some of the most common Georgia bankruptcy exemptions are :
What happens to your property?
When you file for a chapter 7, you will most likely have to give up anything that isn’t exempt under Georgia law. The bankruptcy trustee will liquidate any non-exempt assets to pay your creditors.
Georgia Chapter 7 Means Test
The first step in filing Chapter 7 bankruptcy is to take a means test. Unless there is proof that you cannot afford to repay your debt based on your income and other factors, you cannot file under this chapter. Your income will be measured against the median income of a family living in your state that is comparable in size to your own family.
Median Income for Chapter 7 in Georgia
If your average income from the last 6 months is less than or equal to the median income, you will be considered eligible for Chapter 7.
In cases where your income is too high for Chapter 7, the court will determine how much disposable income you have in order to pay off some or all of your debt in a Chapter 13 plan should you choose to go that route. The court looks at your income and subtracts debt payments, living expenses and any other required payments to see what amount you can feasibly pay off each month.
Once a means test proves that you are eligible and you come up clean in all of the other areas determining eligibility, you must fill out all necessary forms and petition for property exemptions so that you can keep any necessary items, such as furniture or your car. This process is not simple, and a mistake could cause further harm, so make sure that you retain an educated Georgia bankruptcy attorney with years of experience in Chapter 7 laws and procedures. With such legal assistance, discharging your debt could result in the financial freedom that you’ve been dreaming of achieving.
Chapter 7 Credit Counseling
If you have taken the means test and it has determined that you are eligible for Chapter 7, the next step before you file is to take a pre filing credit counseling course. These courses are online and your attorney can usually provide you with the information on where it can be taken. After your bankruptcy has been discharged, you will also be required to take another credit counseling course. This is usually done with the same credit counseling agency that you used before you filed for your bankruptcy.
Georgia Bankruptcy Laws:
The state of Georgia has laws that will protect debtors from debt collectors, one of the most important is the Automatic stay.
Automatic Stay With Chapter 7
As soon as you file for a chapter 7 bankruptcy in Georgia, an automatic stay is imposed. The Automatic stay prevents creditors from pursuing any collection efforts from that moment forward. This includes taking legal action against you. Although the automatic stay is considered temporary, it will protect the debtor from creditors the whole time until the chapter 7 is discharged. At that point it will be no longer needed because once the Chapter 7 is discharged in Georgia, the debt is gone forever, Creditors can no longer attempt to collect the debts that have been discharged.
Chapter 7 Trustee in Georgia
Once you have successfully filed for chapter 7, one of the next steps in the process is a court appointed trustee will be assigned to your case. It is the Trustee’s job to overlook your case and go through all off the paperwork and details to make sure that there is no fraud. The Trustee will also assist in the liquidation of your assets.
It is important that all of your paperwork is filled out correctly and that you list all of your assets. The trustee just wants to make sure that all assets will be distributed correctly. If the trustee somehow finds out that you are hiding assets, he can ask the court to deny or revoke your discharge.
Georgia Bankruptcy – The 341 Meeting
Once a trustee is assigned to your case, a 341 meeting will be scheduled. The purpose of the 341 meeting is to let the Trustee go through the paperwork you have filed. He will ask you questions about your debt and assets. Your attorney will be present with you during this meeting but cannot answer questions on your behalf. Creditors can also attend the meeting but they usually do not. It is mandatory that you appear to answer questions from the trustee about your case. The questions asked by the trustee are all about the paperwork that you have filed. It is very important that you are honest with all of your answers. If you chose to hire an attorney, they will prepare you with everything that you need to know about what to expect at you 341 creditors meeting.
Georgia Chapter 7 Bankruptcy Discharge
A chapter 7 discharge is a permanent order from the court prohibiting creditors from taking any form of collection action on discharged debts. This includes legal action and communications with the debtor, such as telephone calls, letters, and personal contacts. While the debtor already had any temporary collection attempts halted with an automatic stay, the discharge is permanent.
The Courts will give the debtors creditors ample time (about 60 days from the 341 meeting) to file any objections. After that period has elapsed, they will send you a letter stating that your chapter 7 bankruptcy has been discharged.
Convert from chapter 13 to a chapter 7 in Georgia
Many times when a person is in a chapter 13 bankruptcy, they will be unable to keep up with their payment plan. When this happens, it is possible to convert from a chapter 13 to a chapter 7.
Tricks for Filing Chapter 7 in Georgia
There really are no tricks to filing for bankruptcy in the state of Georgia. Ir really has to do with whether you qualify or not. If you are in a situation that you think you may not qualify for chapter 7, you can always speak to your attorney about a chapter 13. By taking the means test, you will be able to see if you qualify for a chapter 7 or a chapter 13.
Georgia Chapter 7 Bankruptcy FAQs
How much does it cost to file Chapter 7 in Georgia?
The filing fee to for Chapter 7 bankruptcy protection in the state of Georgia is $335, the fee is set by the court and must be paid whether you have an attorney representing you or you are filing by yourself.
How do you qualify for chapter 7 in Georgia?
In order to qualify for Chapter 7, you must be below the median income level. The median income level is determined based on your household size. You must also take the means test to weigh your debt vs income
What is the maximum income for chapter 7 in Georgia?
The maximum income for chapter 7 in the state of Georgia is all dependant on the household size of the debtor(s)
What is the Chapter 7 means test?
The Chapter 7 means test determines whether an individual qualifies for Chapter 7. It breaks down your debt vs income to see if you qualify to file for chapter 7 bankruptcy relief. If you do not qualify for Chapter 7, the means test establishes what the individual may be required to pay back in Chapter 13.
Can I keep my house if I file for Chapter 7 in Georgia?
Yes, If you are current on the mortgage, you can maintain the monthly payments, and there is no equity in your home, If you are not current on your mortgage, you may want to consider a chapter 13 bankruptcy.
Can I keep my car if I file for Chapter 7 in Georgia?
if you are current on the payments, and you can maintain the monthly payments, yes.
Can I keep my cell phone if I file for Chapter 7 in Georgia?
Yes. There are personal exemptions that you can keep when you file for chapter 7 bankruptcy in Georgia
Can I file Chapter 7 in Georgia without my spouse?
Yes. There is no law that requires that you file jointly with your spouse if you are married.
Will Chapter 7 stop wage garnishment in Georgia?
After you file for chapter 7 bankruptcy protection in the state of Georgia, the bankruptcy laws require that any attempts to collect a debt be stopped. This includes wage garnishments.
Can Chapter 7 stop my Car from being repossessed?
Yes. However, if you are delinquent on the loan, and unable to work out an arrangement with the vehicle lender, you won’t be able to keep the vehicle for long.
Can Chapter 7 stop Foreclosure in Georgia?
Yes, but it will only buy you time. If you are delinquent on the loan, and unable to work out an arrangement with the mortgage lender, you won’t be able to keep the home for long.
What are Chapter 7 exemptions in Georgia?
The exemptions depend on the type of property. Your homestead exemption is 21,500.00. Your vehicle exemption is 5,000.00.
We are Chapter 7 Bankruptcy Attorney’s in Georgia
Cherney Law Firm Can help you file for chapter 7 bankruptcy protection. We have 3 locations in the Atlanta, Georgia area and serve all of the cities in the Atlanta Metro area.
If you are considering whether a chapter 7 bankruptcy is right for you and you live in the state of Georgia, fell free to contact Cherney Law Firm. We are only a phone call or e-mail away and we can answer any questions that you have. Cherney Law has handled thousands of bankruptcies in Georgia. We have seen every situation, there is no need to feel shame, we are here to help.
How Much will Chapter 7 cost?
We have Offices in Cobb, Cherokee and Fulton Counties and we offer 100% free consultations. Let us help you relieve the stress that your debt is causing you. Wage garnishment, repossession, foreclosure, credit card debt and judgments are our areas of specialty. We accept payment plans.
Even if you haven’t been tracking the news about COVID19 closely, someone has likely informed you that the government will be releasing an economic stimulus check across the country to help counteract the impact Coronavirus has had on many families and businesses. On March 27, 2020, the CARES act was enacted in an attempt to relieve this economic hardship. This act has the ability to provide relief for small business debtors and individual debtors under both Chapter 7 and Chapter 13 bankruptcy filings. This relief is currently temporary and set to expire March 27, 2020.
What does this mean for my bankruptcy?
The CARES act stimulus check you will be receiving will not be accounted for when determining eligibility for Chapter 7 or Chapter 13 bankruptcy filings and will not be considered as part of a debtor’s disposable income. CARES is also allowing those currently making payments under a Chapter 13 bankruptcy to extend their plans upon request for up to seven years (as opposed to the original three to five) after proving “material financial hardship” as a result of COVID19.
Will I qualify if I haven’t yet filed for bankruptcy?
The new act has “increased the eligibility threshold”, at least for small business owners, which may be at the biggest risk of needing to file bankruptcy as their sales have plummeted during the global pandemic. Many employees of such businesses, now facing unemployment or significantly cut hours, may also be questioning if bankruptcy is right for them as they face mounting financial hardship as a result of COVID19.
While eligibility limitations and current plan extensions are available now, keep in mind when filing that special circumstances are currently set to expire one year after the enactment of the CARES Act.
Current Bankruptcy Claims & Plans
If you are currently in the midst of filing for bankruptcy or are participating in a Chapter 13 plan, there is a good chance you were experiencing financial hardship prior to COVID19. If you’re to maintain property after the completion of a bankruptcy claim, it is expected and anticipated that you will continue to make regular, timely mortgage (or car) payments on these secured loans. Under the CARES Act, you can now seek a temporary forbearance of mortgage payments for up to six months with the option to request additional forbearance of another six months. There shouldn’t be any debate over whether or not you’re granted the forbearance from your loan servicer if you’re claiming financial hardship due to COVID19. There should also not be any additional interest accrued or fees assessed for this forbearance and your credit rating will not be impacted.
While forbearance may sound ideal right now, you will want to have a plan in place for when your payments come due. Mortgage payments will continue to accrue, even if interest and fees do not. Catching a break for the next six months to one year may put you in additional financial hardship when payments are expected to resume.