An Atlanta Bankruptcy Attorney You Can Rely On.
If you are facing financial difficulties, and you have questions about whether filing bankruptcy can help you, then you deserve advice from an Atlanta bankruptcy attorney with integrity, experience, reputation and results. Get guidance from me, Atlanta bankruptcy attorney Shannon D. McDuffie. I will aggressively protect you, your money and your assets. My practice has represented clients seeking bankruptcy protection since December 2008. I have discharged millions of dollars of debts and helped hundreds of Georgians just like you get their fresh start.
Clients almost always ask me if they have ‘enough debt’ or if they are ‘broke enough’ to warrant filing. Here are my general rules of thumb (there are other reasons why you need to consider filing).
- If you currently owe at least 1/3 as much as your annual gross income in credit card debt (whether it’s current or charged off), then you need to think about filing bankruptcy as a way to ensure that you have enough money to cover your monthly necessities.
- If you have been sued on a defaulted debt, or if you have more than one defaulted debt you need to think about filing bankruptcy before your wages get garnished.
- If you are retired, or living on a fixed income, no matter how much unsecured debt you have, then you need to seriously think about filing bankruptcy as a form of retirement planning.
- If you are planning to divorce, then you need to think seriously about filing bankruptcy so you can deal with your marital debts and move on with you life.
Please do not make decisions about defaulting on your credit cards, transferring or selling title to property, giving away or selling assets, paying back debts you’ve made to family members or friends, or spending money you happen to have until you’ve met with me. These transactions are exactly the types of activities that can cause major issues in a bankruptcy filing and you need to plan ahead before you harm your case.
I understand the difficulty you may have in calling an Atlanta bankruptcy attorney, and I promise to take as much time as needed to listen and guide you. I will treat you with respect and compassion, and I will give you my honest opinion about your particular situation. I am not a bankruptcy factory, and I will not undertake needless filings. If there is a way that I think you can avoid filing, I will tell you. I also don’t take on more clients than I can serve-you will always be able to communicated with me and get answers to your questions. I will be with you in court–I do not hire appearance attorneys to attend court hearings for me.
I know you are confused about bankruptcy the means test, which chapter to file, and whether you’ll be able to keep your house and car. I will provide bankruptcy information to you that you can trust. I will be with you throughout the entire process–from our first phone call or email, through your discharge and fresh start.
I routinely stop foreclosures, end wage garnishments, strip second mortgages, discharge thousands of dollars of my clients’ unsecured debt, avoid judgments, handle tax claims, negotiate reaffirmation agreements, help clients to surrender properties, defend clients from creditors and the bankruptcy trustees.
Bankruptcy rules are extremely technical, and subtle details may make big differences in the outcome of your case. As a highly skilled Atlanta bankruptcy attorney, I am here to help you deal with the court and your creditors. Because I have a smaller practice, I can offer you personal service and responsiveness that larger bankruptcy mills cannot.
If you are a senior citizen, or if you are very low income, you may be able to get free legal representation via Atlanta Legal Aid
You may also be able to get help via Georgia State Law’s bankruptcy assistance program.
Your first question is most likely this: “Which Chapter of Bankruptcy Do I File?”
There are two categories, or ‘Chapters’ of Bankruptcy that most consumers file — Chapter 7 and Chapter 13.
- Chapter 7 Bankruptcy is also known as Liquidation. In general, Chapter 7 cases work by comparing your assets to a list of state-allowed exemptions. Anything that is non-exempt could be liquidated by a Chapter 7 Trustee to payoff your creditors. Using the exemptions, Chapter 7 bankruptcy allows debtors to keep their house, cars, other assets and investments so long as the equity does not exceed the allowable exemptions. There are important income limitations that control who can file a Chapter 7. The means test determines whether you make ‘too much’ to file Chapter 7 bankruptcy. Corporations can file Chapter 7, but doing so will likely result in the corporation being taken over by the trustee (and the end of the corporation). One can only file Chapter 7 bankruptcy once every eight years.
- Chapter 13 Bankruptcy is also known as Debt Reorganization. The means test determines whether you are a Chapter 13 debtor, your Chapter 13 plan payment, and how long your plan will be. But the result of the means test is not the only consideration in deciding whether to file Chapter 7 or 13. In general, Chapter 13 cases work by looking at your assets, liabilities, and ability to pay a plan over a period of years. Determining your ability to pay and developing the plan are the most critical part of your petition. This is because these numbers determine your disposable income. Disposable income ultimately dictates how much your creditors will receive from you. You must have a regular source of income to fund a plan. As is true in a Chapter 7, Chapter 13 debtors can keep exempt assets. If there are non-exempt assets, creditors will be compensated for the value of these assets through the plan. There are important debt limitations that apply to Chapter 13 cases. Corporations cannot file Chapter 13 bankruptcy.
Your next question is likely “How do I find the right Atlanta bankruptcy attorney?”
Read my reviews to see what my clients think about the service I’ve provided them.
How to Get Started with Atlanta Bankruptcy Attorney Shannon D. McDuffie
Call or text me or send me an email to arrange a meeting with me. We may be able to have a brief phone consultation where I will gather basic facts about your situation, help you understand the process of filing bankruptcy, and discuss how you might benefit from filing.