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

Reaffirmation Agreements Explained

In some situations, a person filing bankruptcy may want to continue paying a particular debt, even if that debt can otherwise be discharged. In most circumstances, this debt is tied to either a home or car. In order for this debt to survive discharge, you will need to sign, and have filed with the court, a reaffirmation agreement. 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