Practice Areas

Bankruptcy Law

Are You Struggling to Pay Your Debts?

Many Georgia residents are suffering during the down-turn in the economy dealing with overwhelming debt, sky-high mortgage payments and other debt-related problems. Whether your debt is due to huge medical bills, unexpected expenses or a lost job, at Ladin & Associates we work with you to get you the help you deserve. At Ladin & Associates we understand that you are probably being chased by creditor calls, home foreclosure warnings and wage garnishments. We also understand that time is of the essence and it is imperative that we resolve your financial situation as quickly as possible to protect your rights to the fullest extent of the law.

Alternatives to Bankruptcy

At Ladin & Associates we don’t rush you into Bankruptcy without reviewing all of your options with you. We work with your Lender to see if you are eligible to obtain a loan modification or a short sale. We also work with Financial Accountants and Financial Advisers to ensure that all of your options are financially sound for your protection not only today but in the future.

Chapter 7 (Straight Bankruptcy)

In a bankruptcy case under chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a chapter 7 bankruptcy is to wipe out (discharge) your debts in exchange for your giving up property, except for "exempt” property which the law allows you to keep. In most cases, all of your property will be exempt. But property which is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the mortgage or car loan payments, a chapter 7 case probably will not be the right choice for you. That is because chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt. If your income is above the median family income in your state, you may have to file a chapter 13 case (the national median family income for a family of 4 in 2006 was approximately $65,796 – your state’s figures may be higher or lower). Higher-income consumers must fill out “means test” forms requiring detailed information about their income and expenses. If the forms show, based on standards in the law, that they have a certain amount left over that could be paid to unsecured creditors, the bankruptcy court may decide that they cannot file a chapter 7 case, unless there are special extenuating circumstances.

Chapter 13 (Reorganization)

In a chapter 13 case you file a “plan” showing how you will pay off some of your past-due and current debts over three to five years. The most important thing about a chapter 13 case is that it will allow you to keep valuable property--especially your home and car--which might otherwise be lost, if you can make the payments which the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with some extra payment to get caught up on the amount you have fallen behind.

You should consider filing a chapter 13 plan if you:

  • Own your home and are in danger of losing it because of money problems
  • Are behind on debt payments, but can catch up if given some time
  • Have valuable property which is not exempt, but you can afford to pay creditors from your income over time

You will need to have enough income in chapter 13 to pay for your necessities and to keep up with the required payments as they come due.

What Must I Do Before Filing Bankruptcy?

You must receive budget and credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet. If you decide to file bankruptcy, you must have a certificate from the agency showing that you received the counseling before your bankruptcy case was filed.

Most approved agencies charge between $30-$50 for the pre-filing counseling. However, the law requires approved agencies to provide bankruptcy counseling and the necessary certificates without considering an individual’s ability to pay. If you cannot afford the fee, you should ask the agency to provide the counseling free of charge or at a reduced fee. If you decide to go ahead with bankruptcy, you should be very careful in choosing an agency for the required counseling. It is extremely difficult to sort out the good counseling agencies from the bad ones. Many agencies are legitimate, but many are simply rip-offs. And being an “approved” agency for bankruptcy counseling is no guarantee that the agency is good. It is also important to understand that even good agencies won’t be able to help you much if you’re already too deep in financial trouble. Some of the approved agencies offer debt management plans (also called DMPs). This is a plan to repay some or all of your debts in which you send the counseling agency a monthly payment that it then distributes to your creditors. Debt management plans can be helpful for some consumers. For others, they are a terrible idea. The problem is that many counseling agencies will pressure you into a debt management plan as a way of avoiding bankruptcy whether it makes sense for you or not.

It is important to keep in mind these important points:

  • Bankruptcy is not necessarily to be avoided at all costs. In many cases, bankruptcy may actually be the best choice for you
  • If you sign up for a debt management plan that you can’t afford, you may end up in bankruptcy anyway (and a copy of the plan must also be filed in your bankruptcy case)
  • There are approved agencies for bankruptcy counseling that do not offer debt management plans.

It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program Office.

Free Consultation

Contact Ladin & Associates today to speak with a dedicated attorney regarding your legal needs and options. We Will Help You Protect Your Family

Phone:   (770) 726-9811
Fax:   (678) 298-7496
Email:   info@LadinLaw.com
Address:


  Ladin & Associates, Attorneys at Law
3104 Creekside Village Dr.
Suite 104
Kennesaw, Georgia 30144

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