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Bankruptcy

Read up on bankruptcy topics in our blog.

Post-Bankruptcy Credit Collections


Estimated reading time: 3 min.

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.

How do I stop collection calls after bankruptcy?

Bankruptcy puts in place an automatic stay as soon as you file.

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:

  1. Provide an explanation to your creditors
  2. Take detailed notes of each credit collecting interaction
  3. Contact your bankruptcy lawyer
  4. Take creditors to court.

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

Stop Wage Garnishment Now

Atlanta Wage Garnishment Attorney Matthew Cherney of Cherney LAw Firm

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.

Free Consultation

If you are unsure if bankruptcy is right for you, the best thing to do is to schedule a free consultation. We can meet in any of our Atlanta Area offices and Mr.Cherney will be happy to discuss your wage garnishment situation.

 

Is Wage Garnishment Legal?

Wage Garnishment is Legal In Atlanta Georgia

The question I always get from clients is, are Wage garnishment is legal? In Atlanta, 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 judgement against you.

 

How Can an Atlanta Wage Garnishment Lawyer Help?

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 judgement against you, they will send a notice to your employer with forms and guidelines about the wage garnishment judgement 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.

Atlanta Bankruptcy Attorney | Debt Relief Lawyer

Atlanta Georgia Bankruptcy Attorney and Lawyer Matthew J Cherney from Cherney Law Firm -

Bankruptcy Firm Atlanta Georgia

Cherney law firm has 3 offices in the Atlanta, Georgia area to serve all of your Bankruptcy needs.

Free Consultation

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

Helping You Become Debt Free

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 we file a chapter 7 or chapter 13 case for you, the collections stop. You will have what is call an Automatic stay. That means that your creditors can no longer pursue ANY sort of collection efforts towards you. No more phone calls, no more bills sent to your house. If they try to collect, they are breaking the laws of the state of Georgia and also Federal laws.

Filing Bankruptcy in Atlanta

should we file for 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 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.

 

Atlanta Debt Relief Assistance

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.

 

Proper Bankruptcy Guidance And Direction

Atlanta Bankruptcy Guidance

Cherney Law Firm will 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!

Read our Reviews

For over 8 years, Atlanta area residents have put their trust in Cherney Law Firm. Matthew J Cherney is an experienced Atlanta Bankruptcy Attorney.

Here are just a few recent reviews:

Patrick
Matthew Cherney did a great job for me. He made the Bankruptcy filing process clear and smooth. I totally recommend.
Response from the owner

Thank you so much for the review, Patrick. I appreciate it very much.

Timothy
Attorney Matthew Cherney is a very kind and professional person to handle cases with me it was bankruptcy Chapter 13. He was prompt on-time for the meeting with the judge and was informative. Great doing business with Attorney Cherney!
Response from the owner

Thank you, Tim.

Solei
Thank you Mr. Cherney for providing a solution when we thought there was none. We now know that there is light at the end of the tunnel and we are blessed to have found you.
Response from the owner

Thank you, Solei. I appreciate you taking the time to leave a review.

Daniel
Our USC13 case became complicated in the last year. Matt did very well working with the Trustee’s lawyers. We came to an agreement with the court. Great job Matt.
Response from the owner

Thank you, Dan. I enjoyed working with you and Nancy over the last five years. You were extremely cooperative clients. I wish you both the best in the future.

That is just a few. Please go to our testimonials page to see more reviews.

Medical Bills & Bankruptcy: What You Need to Know


Estimated Reading Time: 3 min

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.

Chapter 7 is what’s known as straight bankruptcy.

 

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.

 

Chapter 7 Bankruptcy in Georgia

Chapter 7 bankruptcy information for Georgia - Attorney Matthew Cherney

Filing For Chapter 7 in Georgia

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. 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 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 homestead, vehicle, wages and personal.

 

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

 what is the 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. 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.

 

Automatic Stay

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.

 

Chapter 7 Trustee

You will be assigned a Georgia Chapter 7 Trustee

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.

 

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

 Last step is a 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.

 

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)
1. $49,236.00
2 $63,850.00
3 $72,426.00
4 $85,763.00

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, yes

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?

Yes. 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.

 

Want to know more?

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.

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.

 

Bankruptcy During The CARES Act

How does the CARES Act affect bankruptcy?

How does the CARES Act affect bankruptcy?

(Corona Virus Aid, Relief, & Economic Security Act)

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.

Cherney Law Firm has offices in:

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.

Homeowner and Renter Protection Amid COVID-19

should we file for bankruptcy

In the wake of COVID-19, many Americans and Georgians are experiencing income loss and financial insecurity. Changes at the federal, state, county, and city level have been enacted to protect homeowners and renters from eviction and foreclosure.

Additionally, individual taxpayers are eligible for a rebate check to provide a small amount of economic relief.

Homeowners

  1. The CARES Act provides two forms of relief for homeowners: blockage of foreclosure proceeding and the option to request 180 days of forbearance on their mortgage.
  2. Protection from Foreclosure – Section 4022 protects homeowners from being evicted and also prevents lenders from initiating foreclosure procedures for 60 days beginning March 18, 2020.

Payment Deferment

Additionally, Section 4022 states homeowners experiencing financial hardship related to COVID-19 can request forbearance for 180 days. Forbearance is temporary relief offered by a lender to pause or reduce payments. A request for payment deferment can be requested more than once. When forbearance is granted, late fees and penalties are not applied. Forbearance is NOT automatically provided. The homeowner must make a request.

It is important to note that these options only apply to federal mortgages made by the following agencies:

  • Federal Housing Administration
  • Department of Housing and Urban Development
  • Department of Agriculture
  • Department of Veterans Affairs
  • Freddie Mac
  • Fannie Mae

Over 60% of U.S. mortgages are federally-backed. Contact your service provider (the bank you make a payment to) to determine if your mortgage is federally-backed.

Many lenders are offering similar options for mortgages held by private lenders. Some states, (not Georgia as of the writing of the article) have partnered with banks to offer homeowner relief.

Renters

Renters are not automatically protected against eviction during COVID. Section 4023 of the CARES Act offers a 120-day eviction moratorium if the renter/tenant resides in:

  • federally subsidized housing
  • a property with a federally backed mortgage loan

The National Multifamily Housing Council has requested that evictions be suspended for renters that have been financially impacted by COVID-19. A request to avoid rent increases for 90-days was also submitted.

Protection for Georgia Renters

Georgia currently has no official eviction moratoriums in place.

On March 17th, Atlanta Mayor Bottoms issued an executive order pausing residential evictions and filings for 60 days. The order applies to the following agencies:

  • Atlanta Housing Authority
  • Atlanta Beltline Inc.
  • Fulton County / City of Atlanta Land Bank Authority
  • Invest Atlanta
  • Partners for Home
  • City of Atlanta’s Department of Grants and Community Development

The silver lining is that Georgia’s Chief Justice declared a Statewide Judicial Emergency, suspending all but “essential functions” of the courts until April 13th. A private landlord could file an eviction notice, but the majority of courts are not hearing eviction proceedings as part of the suspension. (A county court could deem eviction hearings as “essential”.)

Economic Relief

The recently signed CARES Act provides a rebate for individual (non-businesses) taxpayers.

Individuals with adjusted gross income up to $75,000 may receive $1,200 or $2,400 for married couples filing joint returns with adjusted gross income up to $150,000. An additional rebate of $500 per qualifying child is available.

Independent tax policy nonprofit Tax Foundation offers a CARES Act Rebate Calculator to determine the amount of your economic impact payment.

The Treasury Department and the IRS announced that economic impact payment will begin to be distributed around the 3rd week of April. Amid much confusion and controversy, Treasury Department Secretary Steven T. Mnuchin issued an additional statement to clarify that

“Social Security recipients who are not typically required to file a tax return do not need to take an action, and will receive their payment directly to their bank account.”

The economic impact payment is currently slated to be a one-time occurrence.

Contact an Experienced Bankruptcy Attorney

If are facing a potential foreclosure or eviction or financial hardships, contact an experienced bankruptcy attorney. Filing bankruptcy may allow you to avoid foreclosure while starting fresh.

In order to slow the spread of COVID-19, Cherney Law Firm is currently offering free video-chat consultations.

Please contact us at 770.485.4141 to set up your appointment with Mr. Cherney.

Know the law and your rights.

Tax Season: Bankruptcy and Income Tax Refunds

Tax season is upon us, and many people think about a fresh financial start this time of year

When it comes to filing yearly taxes, it is an opportunity to assess current goals and whether current financial strategies are working efficiently. If you have filed a Chapter 13 case and are having trouble making your current plan payments, you may want to consider a conversion from a Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy.

The main benefit of converting from a Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy is that you will no longer have a monthly trustee payment

You can use your income tax refund to bring any outstanding secured obligations current with the lender (e.g. vehicle, mortgage). You will only have one case filed with the same case number, even if you convert from a Chapter 13 to a Chapter 7. Only one bankruptcy filing will show on your credit, rather than having a dismissed Chapter 13 case and a later filed Chapter 7.

Another major benefit of converting your case from Chapter 13 to Chapter 7 is that you can add any debts incurred after you filed your Chapter 13 case. If you incurred new debt during your Chapter 13 that is making it difficult to make your Chapter 13 payments, then a conversion can help alleviate this problem. Some examples of new debt can include new medical bills, or an unexpected, costly home repair.

In order to convert your case from Chapter 13 to Chapter 7, a notice will need to be filed with the Court

There are certain conditions that need to be met. Your bankruptcy attorney will discuss these with you.

With a Chapter 7, there is no monthly payment plan like there is with a Chapter 13. You will still have the automatic stay in effect during the length of your case. However, the Trustee may sell any non-exempt assets that you have in order to pay your creditors. This is known as liquidation.

Once a Chapter 7 case is finished, you receive a discharge of all debts that were part of your case. This occurs in a much shorter time period than for a Chapter 13 case, since there is no repayment plan. In many instances, converting your case from a Chapter 13 to Chapter 7 may be less costly than filing for a Chapter 13 and then having to file a separate Chapter 7 if your Chapter 13 case was dismissed.

An experienced bankruptcy attorney will assess your case to make sure conversion makes sense for you. There can be major benefits to converting your case from a Chapter 13 to a Chapter 7, but it is critical to understand all the implications.

If I am Married, Can I Still File Bankruptcy Individually?

Many people wonder if it is possible to file for bankruptcy without their spouse being part of the bankruptcy. This article will answer this question.

There are several key things to consider when filing for bankruptcy if you are married

First, a married person can either file bankruptcy along with his/her spouse or file individually. Usually, married couples file together when they have joint debts. However, one spouse can file by him/herself if desired. If both spouses want to file for bankruptcy, it is best to file jointly. This way, you pay only one filing fee and one attorney fee.

If preventing a bankruptcy from appearing on your spouse’s credit report is important, then you may consider filing individually.

Second, if there are joint debt(s) (i.e. debt(s) in both spouse’s name(s)), and only one spouse files for bankruptcy, then the creditor is not barred from pursuing payment, or collecting the debt from the non-filing spouse.

Third, the issue of income of the non-filing spouse is just as important as the income of the filing spouse. Provided both spouses live in the same home, both incomes count. This will be determined by the Means Test. The Means Test does two things: 1) it determines the individual’s eligibility for Chapter 7; and 2) if he or she is not eligible for Chapter 7, the Means Test establishes what they may be required to pay back to their creditors in Chapter 13.

If the total income falls below the median income level in the state where the bankruptcy is filed, then Chapter 7 is an option

This would eliminate completely eliminate all debt that is not reaffirmed. If the total income is above the median income level in the state where the bankruptcy is filed, then the only bankruptcy option is Chapter 13. This requires repayment of some or all the debt over a period of up to five years.

Several other factors that you and your attorney will discuss to determine whether or not to file jointly include:

  1. the amount of property you own
  2. the type and amount of joint debts
  3. the exemption laws of the state in which you file.

Since filing for bankruptcy individually can still have consequences for your spouse, it is very important to meet with a qualified attorney to make sure you are making the correct choice for the both of you.

Will I Lose My Home if I File for Bankruptcy?

The short answer to this question is no, you will not lose your house

There is no requirement in the Federal Bankruptcy Code that requires you to surrender your home. How relevant your home is in a Bankruptcy proceeding depends on the chapter of Bankruptcy that you file.

Chapter 13 Bankruptcy

Filing a Chapter 13 Bankruptcy can do a number of helpful things; regarding your home, you can stop a foreclosure proceeding and/or bring all of your mortgage arrears current through the Chapter 13 Plan that you, your attorney, and the Chapter 13 Trustee agree upon.

With a Chapter 13 Bankruptcy Plan, you will be making a monthly payment to a Trustee. This payment will include any past due amounts owed to your mortgage company. You must also continue making your regular mortgage payment and keep your ongoing mortgage payments current. It is important to make your Trustee payments for the entire duration of your plan (usually 3-5 years) and to not miss any of your regular monthly mortgage payments.

Chapter 7 Bankruptcy

Filing a Chapter 7 Bankruptcy only puts your home at risk if you are delinquent on the payment to the mortgage company and/or there is equity in your home. In a Bankruptcy proceeding, there is only equity if your home’s value exceeds the amount owed, plus your allowable exemptions. The exemptions are specific to the state in which you file. If your home is not exempt, then it can be sold by the Chapter 7 Trustee. The money made from this sale is used to pay your creditors.

A qualified Bankruptcy attorney will determine all of the necessary qualifications for you, and make sure that your case proceeds smoothly.

Preparing for a 341 Meeting of Creditors


Upon filing a Chapter 13 Bankruptcy petition with the U.S. Federal Court, your case will be assigned by the Court to a specific Trustee that will oversee, and administer your case. Once a Trustee is assigned to your case, a Creditor Meeting under Section 341 of the Bankruptcy Code will be scheduled by the clerk of the court. The clerk will then send a notice of the time and place of this meeting to you and all your creditors.

You must appear at this meeting and answer questions from the Trustee about your petition.

Your creditors do not usually attend this meeting. The Trustee will ask you a series of questions related to your bankruptcy petition, schedules and relate documents that were filed with the court. This meeting is fairly quick. Your attorney will attend this meeting with you but cannot respond to the questions for you. You will answer these questions under oath, so it is imperative that you are honest.

Once the 341 Meeting is underway, some of the questions asked may include the following:

  1. Did you read and sign all the documents related to your case?
  2. Is all the information in these documents true and correct?
  3. Are all your creditors listed, including friends or relatives to whom you owe money?
  4. What is your reason for filing for bankruptcy?
  5. Are all your assets listed on your petition, including any and all bank accounts of any kind, real property in any country, and any and all personal property (jewelry, art, collectibles, vehicles, etc.)?
  6. Do you have any mortgages or other real estate interests?
  7. Have you ever filed Bankruptcy before?
  8. What is your job?
    1. Are you paid hourly or are you salaried, and what is this amount?
      b. How often are you paid?
    2. Do you have any alimony or child support obligations?
  9. Do you own any businesses?
  10. Are you the beneficiary of or the trustee of any trust?
  11. Are you going to receive any inheritance upon someone’s death?
  12. Are you entitled to the life insurance proceeds of anyone?
  13. Do you have any ongoing lawsuits against someone else?

The specific questions will generally vary by jurisdiction. Your attorney will go over all of the specifics with you prior to your hearing. When scheduled a 341 meeting, it is best to have an experienced bankruptcy attorney walk you through the process and represent you on the day of your meeting. Call attorney Matthew Cherney to schedule a consultation today.

Representation in a Bankruptcy Case


You have 2 options when it comes to representation in your bankruptcy case:

  1. Hire an attorney to represent you OR
  2. Represent yourself (this is called “pro se”).

There are many complicated issues that arise in a bankruptcy proceeding, and an attorney can effectively navigate these complexities for you.

A recent Federal Bankruptcy Court filing report showed that only 61% of Chapter 7 pro se bankruptcy cases end up with a positive outcome (an order of discharge) versus 99% of Chapter 7 cases filed with an attorney. While there are several reasons for this, the most important thing to understand is that every single case filed must, with no exceptions, follow the strictly regulated Federal Bankruptcy Code, in addition to following any and all local/state procedures. If these rules are not properly followed, the case may be dismissed.

Some of the more common mistakes made by people filing for bankruptcy without an attorney:

  1. Incorrectly filing for a Chapter 7 instead of a Chapter 13 (or vice versa);
  2. Failing to apply the Chapter 7 Means Test correctly;
  3. Failing to timely file necessary documents with the court;
  4.  Claiming an inaccurate number of property exemptions;
  5. Making mistakes regarding reaffirmation agreements (i.e. vehicles);
  6. Responding to a creditor’s objections incorrectly;
  7. Misunderstanding the terms of documents filed with the court;

Any one of these mistakes may be enough for the court to dismiss your case, denying a discharge in your case, or possibly cause you to lose property that you own. While it is true that there are fees involved when you hire an attorney to represent you, there are also fees if filing pro se.

There are rules in the Bankruptcy Code as to attorney fees, and these fees are always approved by the court

In the long run, if a case is filed pro se and is then dismissed, the restrictions imposed on you by the court are serious. It is possible that a judge may not allow you to file another case for a number of months or years. If your case is dismissed, then you automatically lose all of the important protections you received upon your case filing, including protection from foreclosure and repossession.

IF MY HOME IS CURRENTLY IN FORECLOSURE AND I WANT TO KEEP MY HOME, WHICH IS A BETTER OPTION: CHAPTER 7 OR CHAPTER 13

Make sure you have all the bankruptcy information

As a debtor filing for bankruptcy, you are entitled by law to a court-ordered rule of protection known as the automatic stay. This applies in a Chapter 7 and in a Chapter 13 filing. There are several creditor activities that the automatic stay protects and/or prohibits. One of the prohibited acts involves any creditor continuing a foreclosure sale that has begun prior to the bankruptcy filing, or starting a foreclosure proceeding during the length of the bankruptcy case. If you want to file for bankruptcy and keep your home, there are certain requirements that must be met. A qualified attorney will look at your situation in detail to determine whether you meet the requirements.

See Chapter 7 vs Chapter 13

In a Chapter 7 filing, a debtor can buy some time for him/herself with the automatic stay by preventing immediate foreclosure on a debt secured by real estate. If there is a scheduled foreclosure sale, this sale gets cancelled. It is very important to note: the debt that is allowed to be wiped out in a Chapter 7 does not include missed mortgage payments. Once the debtor in a Chapter 7 receives a discharge at the resolution of his/her case, then the automatic stay is lifted. At this time, the creditor can resume or begin foreclosure proceedings against a debtor who has missed mortgage payments prior to filing the Chapter 7. The creditor can also seek relief from the automatic stay prior to your Chapter 7 discharge. Chapter 7 bankruptcy does not allow a debtor to “catch up” overdue mortgage payments within his/her case. Additionally, there is no requirement for the bankruptcy court to work out any repayment plan with the lender. Lenders are not required to modify a mortgage if you file a Chapter 7.

One important thing to consider regarding Chapter 7 is that money may be freed up for you once all allowable debts are consolidated into a Chapter 7 plan. This can, in some circumstances, allow a debtor to pay the lender all of the missed payments owed. Then the debtor must continue to keep the mortgage current and pay the monthly mortgage, both during the Chapter 7 proceeding and after the discharge.

Usually, the better option if you want to keep your home is to file a Chapter 13 bankruptcy. This is a reorganization of your debts, which is a 3-5 year repayment plan on debt owed. Missed mortgage payments do qualify to be part of this repayment plan. This means that you can “catch up” on all overdue mortgage payments, and also not have to pay them all at once. Through a Chapter 13 plan, monthly payments are made to a Chapter 13 Trustee who oversees the case. The debtor must continue to make all ongoing mortgage payments during the entirety of the Chapter 13 case. At the end of the Chapter 13 case (the 3-5 year period), the debtor receives a discharge on all debts that were part of this plan. The debtor keeps his/her home and continues to pay the monthly mortgage payment.

New Chapter 11 Bankruptcy Law

WHAT IF I AM OVER THE DEBT LIMIT IN ORDER TO FILE FOR A CHAPTER 13 BANKRUPTCY?

A Chapter 13 Bankruptcy allows individuals to pay all or a portion of their secured and unsecured debts through a U.S. Trustee-approved plan, totaling 3-5 years. After the payment plan is finished, the debtor receives a discharge of all remaining debt that was part of the plan.

As of 2019, the debt limit for an individual to file for a Chapter 13 is $419,275.00 for secured debts and $1,257,850 for secured debts.

What Happens if My Debt Exceeds the Current Limit?

If your debts exceed the current limits, then you may have the option of filing a Chapter 11 bankruptcy under a newly created law in October of 2019. This new law allows a debtor to be treated as a small business. The total debt to be repaid must not exceed $2.75 million. This is a 3-5 year repayment plan, similar to a Chapter 13 repayment plan. Speak with bankruptcy attorney Matthew Cherney to see if this new subchapter of Chapter 11 bankruptcy would apply in your situation.

Is Debt Consolidation Right for You?

There are many reasons why people are struggling with debt and seek options that will help them get out of it. Your Marietta Debt Consolidation attorney Matthew Cherney can help lower and pay off any current unsecured debts that you have. If you are looking for a way to get out of debt, debt consolidation may be the best option.

Reasons Behind Debt

You will need to figure out when you started accumulating debts so that a solution can be found. There are several reasons why people experience debt such as:

  • Unemployment
  • Emergencies
  • Medical bills
  • Student loans
  • Auto loans/Repossession
  • Overdue mortgages/Foreclosure
  •  Bankruptcy
  • Among many other reasons

The best thing to do while going through the process of debt consolidation loan is to make a budget plan so that your bills and creditors will be paid on time. It is also important to remember that you should not spend more than what is within your means.

What is Debt Consolidation?

One of the first things to understand is knowing what debt consolidation is and learning how it will help to clear your debts. Debt consolidation is a legal opportunity that allows debts to be lowered, grouped together, and paid with a consolidation loan. You will be able to pay off debts by paying a fixed amount every month until your credit is cleared. Debt consolidation is an option that is open to everyone, and this even includes those with secured debt with collateral or unsecured debt.

Applying for Debt Consolidation

Having the option to pay off accumulated debt by applying for a loan can seem easy at first, but not everyone is eligible. Lenders require a certain credit score before they will approve an application. A low credit score is considered a risk to lenders, so there is a chance you may not be approved. The higher your credit score is, the more likely a consolidation lender will approve your application.

Another factor that is considered by lenders is the total amount of debt you have. If your debt is too low and does not reach the minimum threshold for a consolidation loan, a lender is less likely to approve the loan. A debt consolidation lender will also consider the amount of the loan to be paid back, monthly fees, and how long it will take for you to pay back the loan.

How does Debt Consolidation work? 

It is important to keep in mind that a debt consolidation loan can help relieve debt, but it is not an overall solution. You will still have to pay back the loan through a debt consolidation lender in addition to paying any recurring monthly bills such as a mortgage, rent, electricity, water, or cable bills. It is necessary to know if you can afford to pay off the loan and still live fairly comfortably; you should not have to struggle unbearably while paying off your debts.

Debt consolidation can be a perfect option if you are well organized and can follow a budget plan that will help avoid overspending. This alternative solution to clear your debt should be considered as a temporary aid. It is designed to provide a better start for managing your financial difficulties.

Making A Budget Plan

Having a budget plan will help keep financial transactions well organized so that creditors will be paid on time. It is also a good idea to consult a professional financial lawyer or advisor for help. An attorney can help you devise an effective plan to remove debts as quickly as possible.

By assessing all of your spending habits, it will be much easier to determine the crucial spending necessities. Once a spending pattern has been observed, a financial plan can be made so that you can pay off the consolidation loan as soon as possible.

Learn More About Debt Consolidation

By understanding what debt consolidation is and how it works, the better the chances to get out of debt. It is not a good idea to wait until you are almost bankrupt to apply for a consolidation loan, but instead, identify the problem at an earlier stage where debts are more manageable. Take the time to decide if this type of loan is right for you and consult a professional Marietta debt consolidation attorney to find out what steps you need to take to start your path towards financial recovery.

Top Reasons Why You Should Consider Bankruptcy

Whether you’re upside down in debt because of being unemployed, too much spending, medical bills, college tuition or anything else, you should know that you’re not alone!

Last year, almost 773,000 individuals found themselves in the same situation.

You at one point or another might have considered filing for bankruptcy.  Bankruptcy can help those in financial distress get a fresh start and start over again.

Does Bankruptcy Really Work and is it the Right Fit for You?  Here is what you need to know

When is a Good Time to Consider Bankruptcy?

Anytime your income is insufficient to pay your debt while also maintaining your household expenses, bankruptcy is an option worth looking into. Matthew C. Cherney, a bankruptcy attorney, says that a good rule of thumb is to take a good look at the total amount of debt that you owe.  If the monthly expenses associated with servicing the debt comes close to, or exceeds your monthly income, then you may be an ideal candidate for filing for bankruptcy.

Some debts such as child support, income taxes and student loans cannot be discharged in bankruptcy, so one should really consider monthly figure as an expense, rather than a debt.

In Georgia and other states, the bankruptcy laws require many different forms and schedules to be filed with a bankruptcy .  These forms also depend on the chapter of bankruptcy.  Some of these forms are Chapter 7 and Chapter 13.  Let’s explore these in detail.

Chapter 7 Bankruptcy

Chapter 7 is commonly referred to as a “liquidation” bankruptcy.  Chapter 7 is oftentimes associated with what people think of when they think of bankruptcy.  A business bankruptcy would be a Chapter 11.

After your bankruptcy attorney files your paperwork, the judge will appoint a “trustee.”  The trustee’s job  is to investigate your financial affairs search for any assets, and, if appropriate, sell, or liquidate these assets, and pay any monies to your creditors.

You are allowed certain exemptions to protect your property, and this situation only becomes relevant when the value of your assets exceed your exemptions.  If that is the case, you may want to consider a chapter 13 bankruptcy in order to protect your assets.

Did you know?

Abraham Lincoln filed for bankruptcy in 1838.  Prior to the Civil War, Abraham Lincoln had considerable debt associated with the purchase of several general stores.

Chapter 13 Bankruptcy

If you do not qualify for chapter 7, or are attempting to protect your assets and have regular income, chapter 13 may be a better solution for you.  In chapter 13 one can propose a plan to pay back their debt (or a portion thereof) over three to five years.

Another benefit is that Chapter 13 can treat certain debts that are not dischargeable in chapter 7.

What is the Immediate Benefit of Bankruptcy?

The one thing that ALL forms of bankruptcy have in common is the wonderful feature known as the “Automatic Stay.”

Immediately upon filing bankruptcy,  the automatic stay prevents most creditors from collecting any outstanding debts.

This means:

  • No more lawsuits;
  • No more harassing phone calls;
  • No more “Final Demand” letters sent to your home;

Instantly all of these things that keep you up at night, as well as any outstanding debt- are all washed away, or “discharged,” in legal terms.

Read more about Automatic Stay

What is the Negative Impact of Filing for Bankruptcy?

After filing, your credit score will be impacted.  However, if your credit score is already rather low, the impact will be nominal.  Bankruptcy will remain on your credit report for a period of years (depending on the chapter); however, this time frame may pale in comparison to the length of time necessary to pay back your debt.  You will also be surprised at the amount of credit card offers you’ll receive after your bankruptcy is discharged.  When used responsibly, a credit card is an excellent way of building your credit back up.

So is Filing For Bankruptcy a Good Thing?

The thought of bankruptcy may be unpleasant, but you will not believe the relief you feel after filing.  Filing with a trusting attorney should make it a pleasant experience.  Nobody ever wants to end up filing bankruptcy, but it can be a better alternative to harassing phone calls, intrusive letters, lawsuits and garnishments.

If you or someone you know is going through hardships due to outstanding debt, give our office a call today and speak with attorney Matthew Cherney of Cherney Law Firm, LLC.

Vehicle Repossession and Chapter 13 Bankruptcy

One reason for the overwhelming increase in vehicle repossessions is the rise of sub-prime vehicle loans. Sub-prime borrowers account for nearly 1/3 of the new car loans. Sub-prime borrowers are sure to be saddled with the highest interest rates (15% – 20%), and the longest loan terms (60 months – 72 months). Inability to maintain payments may result in repossession. A chapter 13 bankruptcy will stop a repossession, and allow the borrower an opportunity to pay the loan back over a period of 3-5 years, oftentimes at a significantly reduced interest rate.

Is Fear Holding You Back from Filing for Bankruptcy?

People often hold out for a hopeful solution, even while their debt is mounting fast. They cling to other solutions besides bankruptcy- getting a raise, selling their house, and so forth. Why is bankruptcy the “worst case scenario” and something that causes individuals to drag their feet in trepidation? Continue Reading

Keeping Your Home in Bankruptcy

Depending on your income and debts, bankruptcy can actually help you stay in your home. While saving your house is possible with Chapter 7 bankruptcy, Chapter 13 (also known as reorganization bankruptcy) is normally a more advisable option when faced with foreclosure. How can you know which is right for you? Continue Reading

Do I Qualify for Bankruptcy? Which Chapter?

The first question for many people considering bankruptcy is “do I qualify?” In order to determine whether you qualify for bankruptcy, you should consult with a Marietta bankruptcy attorney. As a general rule, almost everyone qualifies for bankruptcy. Find out more about qualifying for bankruptcy here. The real question is, “What Bankruptcy is Right for Me?” Continue Reading

Is Filing for Bankruptcy Going to Hurt My Credit?

Usually, those who are filing for bankruptcy already have a bad credit score because they have been unable to pay their debts. Filing for bankruptcy can help those who need to get their debts discharged and get a fresh start on life. Most find that their credit scores begin to improve after they have filed because they are able to pay off their newly decreased debt, rather than watching it continue to accrue. Continue Reading

Roswell Bankruptcy: Discharging Debt in Chapter 7

The federal bankruptcy laws allow certain debts to be discharged. If you receive a discharge, you will no longer be legally obligated to pay back that debt. Certain debts cannot be discharged. These include child support, spousal support and most income taxes. Generally speaking, debts that can be discharged are unsecured debts, such as medical bills, credit card bills and personal loans. Continue Reading

Bankruptcy Discharge: What You Should Know

What is a bankruptcy discharge? A bankruptcy discharge is a court order that legally extinguishes your responsibility to pay back your debt. While the discharge may eliminate your responsibility to pay back most debts, not all debts can be discharged in a bankruptcy proceeding. Continue Reading

Cherney Law Firm: Who We Are

Bankruptcy is often a taboo subject and a scary endeavor. If you are in a tough financial situation, you may think that bankruptcy is your only option. Whether you are still making money and simply need to organize your debt into a payment plan in order to satisfy creditors, or need to liquidate all of your assets to satisfy debt, an attorney from the Cherney Law Firm LLC can help. The caring and compassionate attorney at this Marietta Bankruptcy Firm understands that you are going through a difficult ordeal at present. Maybe you are devastated by the possibility of declaring bankruptcy. When you are in an emotional state, you need a reliable lawyer there to help. The Cherney Law Firm can provide you with a solid and committed attorney who can give you advice, organize your paperwork, deal with the legal implications of bankruptcy, and make sure that they entire process runs smoothly. Continue Reading

Discharging Debt Through Bankruptcy

Filing bankruptcy has specific advantages. Discharging debt is one of the main benefits. In simple terms, a discharge eliminates a person’s responsibility to pay back their debt. A person can receive a discharge in both a Chapter 13 and Chapter 7 bankruptcy. It is important to know that not all debts can be discharged in bankruptcy. Continue Reading

Predatory Lending: Your Rights

Federal law protects consumers from illegal mortgage lending practices. In 2010, as part of the Dodd-Frank Act, the federal government created The Consumer Financial Protection Bureau. The Consumer Financial Protection Bureau was given the task of protecting consumers from predatory lending, and other potentially misleading practices engaged in by banks and other lenders. If you believe that you have been a victim of predatory lending, you can report your concerns to the Consumer Financial Protection Bureau. Continue Reading

Eviction: Can Tenants in Bankruptcy Be Evicted?

If you are struggling with finances at the moment and are a renter in an apartment or condominium complex, then you may be worried about eviction. If you fall too far behind on your rent, then your landlord may have the right to evict you from your place of residence in order to find a tenant who will pay as promised. Eviction is a completely legal process and the landlord will need to go through the court in order to obtain an eviction notice for the tenant who is creating difficulty. The process of eviction can have negative effects on the tenant’s credit, and he may not be able to rent a new apartment. If a tenant files for bankruptcy then both the federal laws and the Georgia laws govern whether the landlord can evict that tenant. Continue Reading

Is a Bankruptcy Lawyer Required to File?

Unless you are filing as a corporation, you are not required to have a lawyer to file bankruptcy. As an individual, you can choose to represent yourself during a bankruptcy proceeding. While you can represent yourself, I would never advise someone to do so. In my opinion, outside of tax law, bankruptcy is the most complex area of law. Unless you are fully versed in bankruptcy, the different types of bankruptcy, and the laws regarding bankruptcy filing, it is strongly recommended that you consult with an experienced Marietta bankruptcy lawyer at Cherney Law Firm, LLC. Continue Reading

Determining Whether Bankruptcy is Right for You

One of the most common questions potential clients ask me is whether they should file bankruptcy. In all honesty, there is no set answer to this question. Determining whether bankruptcy is right for any household is both a serious and difficult division. It is essential that you are properly informed about bankruptcy. When considering bankruptcy, one must know the answers to these three questions: first: am I eligible to file bankruptcy; second: what are the different types of bankruptcy; and third: are there any alternatives to bankruptcy? Continue Reading

Chapter 13 Bankruptcy in Georgia

Since I am licensed to practice bankruptcy in Georgia and Illinois, I have had the unique opportunity of examining consumer bankruptcy law in both jurisdictions. While each jurisdiction differs greatly in many respects, one constant remains: bankruptcy provides people a financial fresh start. A fundamental goal of the federal bankruptcy laws is to provide everyone a financial fresh start. This goal is accomplished through a bankruptcy discharge. A debtor that files for bankruptcy can obtain a discharge in either a Chapter 7 or Chapter 13 case. Continue Reading