Although bankruptcy has been in existence for 100 years, few understand its true purpose. Creditors owed money may balk and question why bankruptcy exists. As someone considering filing bankruptcy, the reason may be all too apparent.
The current bankruptcy code was enacted in 1978 as part of the Bankruptcy Reform Act of 1978. This code was a well overdue override of previous bankruptcy codes including the Chandler Act of 1938 and Bankruptcy Act in America from 1898.
No one wants to file bankruptcy. Nevertheless, personal financial obligations can all-consuming. After exhausting other options, bankruptcy can feel like a breath of fresh air.
The benefits and reasons for the existence of bankruptcy are two-fold.
Bankruptcy, first and foremost provides you with a fresh start. In fact, numerous bankruptcy code cases refer to the “fresh start” policy as “the essence of modern bankruptcy law” and one of its “primary purposes”.
While bankruptcy provides hope for the debtor, it additionally provides payment and protection to creditors.
Types of Bankruptcy
Before discussing the types of bankruptcy for individuals, it is important to clarify what debts can and cannot be cleared through the process.
Filing for bankruptcy protection can stop foreclosure on your home and repossession of property. Additionally, it can cancel many of your debts.
Therefore, not all debts can be cleared through bankruptcy. Student loans, taxes, and child support must still be paid after filing for bankruptcy protection.
The majority of individuals looking for a “fresh start” do so by filing for bankruptcy under Chapter 13. This allows them to repay a portion of the debt over three to five years. The remainder of the debt is discharged.
In extreme situations, a debtor may file Chapter 7 bankruptcy. This may be a viable option for people with excessive debts who are incapable of making payments at all. For example, Chapter 7 may be applicable as a result of lost income or due to the overwhelming nature of debts.
When discussing why bankruptcy exists, it is important to address creditors.
Bankruptcy laws provide equal treatment of creditors in the same classification. For example, creditors are classified as Secured, Priority, and General Unsecured. The trustee managing the bankruptcy must equally distribute money to all creditors in the same classification.
Debts that are secured by an interest in property (called collateral).
A secured creditor can repossess collateral if debt is not paid
Common secured claims include mortgage and vehicle loans
If you surrender the collateral, debt is reclassified as general unsecured debt)
Includes child support, spousal support, and any other domestic support obligations.
Bankruptcy does not erase priority debts
Includes credit card debts, personal loans, some utilities, and medical bills.
Lowest priority of all claims
When considering bankruptcy, remember that it exists for the creditor and debtor.
Just as debt collectors have rights in the bankruptcy process, you have rights too. The office of Cherney Law Firm LLC is committed to defending your rights and seeking immediate protection under Chapter 7 or Chapter 13 bankruptcy. If you desire a free and confidential consultation in Cobb County to discuss how bankruptcy can benefit you, contact 770.485.4141 to schedule an appointment.
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
Filing for Chapter 7 or Chapter 13 bankruptcy can provide a “fresh start”. Nevertheless, the process isn’t easy. Losing a loved one during that time can add to the difficulty. As a result, you should know the impact inheritance has on your bankruptcy case.
Any income, including payroll, you receive within 180 days of filing for bankruptcy becomes part of the bankruptcy estate. Thus, any inheritance you actually receive within that 180 days becomes part of the bankruptcy estate.
Inheritance consists of more than financial payments. For example, if a will entitles you to property, that property is part of the bankruptcy estate.
While it may be tempting to wait 180 days to physically take possession of the inheritance income or property, however it won’t help. In fact, the bankruptcy law of 180 days abides by the date you became entitled to the inheritance.
If a loved one passes away and leaves you an inheritance of money or property within 180 days of filing for Chapter 7 or 13 bankruptcy, you must notify the bankruptcy trustee.
Contact your bankruptcy attorney to determine how and when to notify the bankruptcy trustee. Furthermore, amendments need to be made bankruptcy forms. Cherney Law can determine the forms based on the type of inheritance such as money or property.
Inheritance as Part of the Bankruptcy Estate
Keeping an inheritance, similar to your other assets, when filing for Chapter 7 or 13 bankruptcy is dependent upon state bankruptcy exemptions.
Bankruptcy exemptions are types and amounts of property you can keep. In Georgia, you may keep a portion of home equity, life insurance proceeds, household items, and tradesman tools. Additionally, you can file an exemption for $5,000 of value in motor vehicles and $500 of value in jewelry. Georgia does not allow for Federal bankruptcy examples..
If your inheritance is not covered by a Georgia bankruptcy exemption, then the asset must be liquidated or sold for cash. In Chapter 7 bankruptcy, proceeds from liquidated assets are paid to creditors. Conversely, non-exempt inheritance assets are used for payment plan calculations in Chapter 13 bankruptcy.
Inheritance 181 Days After Filing
In Chapter 7 bankruptcy, if your loved one passed away more than 180 days after filing, entire inheritance is yours. Notification to a bankruptcy trustees or creditors is not required. Inheritance, regardless of date, is a factor in Chapter 13 bankruptcy. For this reason, non-exempt inheritance can be used to calculate your three- or five-year payment plan.
Spouse Receives an Inheritance
If you filed for bankruptcy apart from your spouse, then inheritance owed to them is NOT part of your bankruptcy estate. To this end, it is vital that your spouse keep the inheritance separate from marital assets. For example, if a monetary inheritance is deposited into a joint checking account, the funds are then part of your assets and can be used to pay creditors.
Call us Today to Discuss your Inheritance
If you are expecting or recently an inheritance, you need to speak with an attorney about bankruptcy and inheritance. Cherney Law Firm LLC is an experienced Marietta-area bankruptcy firm. Contact 770.485.4141 to schedule a free consultation.
Everyone experiences a credit collection call or two at some point in their lives. While some may receive more than others, none of us are exempt from the frequent interruptions to our daily lives when creditors call looking for the late payment owed to them. Sometimes it may come as a surprise, other times every ringtone makes you cringe and screen your calls because you know who is on the other end…again.
So let’s say you’ve successfully filed and completed bankruptcy
The debts that cause credit collectors to call you are now discharged, right? Once you’ve filed for bankruptcy, it is true that these calls should immediately stop. In reality, this may not be the case, and you may find yourself screening the same calls you did before, perhaps with a little more ease but with just as much annoyance. Luckily, you may be able to work with the same lawyer you trusted to help you complete your bankruptcy claim to discuss this and other issues after bankruptcy is completed.
What is this? The purpose of an automatic stay is to protect you from phone calls, emails, and letters that are attempting to collect debts from you that you may find annoying at best and harassing at worst. Ongoing attempts to contact you regarding your debt by the creditor is illegal from this point forward and should cease unless the creditor has expressed permission of the court. With best intentions assumed, creditors use software systems that may take a little time to catch up to the automatic stay order. However, there may be other debt collectors that simply choose to ignore the law and continue to contact you for what is owed no matter what.
If you continue receiving calls after a reasonable amount of time has passed, you might assume that these creditors are breaking the law, especially if you’ve taken the time to inform them that you have filed and/or completed bankruptcy proceedings. In this case, it is beneficial to be knowledgeable about what your rights are and do not assume you have to live with harassing phone calls, emails, and letters. After all, these are stress-provoking even if you’re confident you no longer owe them money. In this case, get in touch with your bankruptcy attorney so they can assist in ensuring the creditors’ systems are up to date or to bring the matter into a court of law.
What Steps You Could Take
A few key things within your control to stop the harassment are to:
Provide an explanation to your creditors
Take detailed notes of each credit collecting interaction
While this may seem extreme, moving forward after bankruptcy while you continue to receive debt collection calls is challenging. If they won’t stop after initial simple steps are taken, suing them for harassment and emotional suffering may be necessary to stop the abuse.
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.