Under federal law, we are designated as a debt relief agency. We help people file for bankruptcy under the Bankruptcy Code.
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BANKRUPTCY FILING REQUIREMENTS
One of the most crucial aspects of filing for bankruptcy relief is following the steps set forth by the U.S. bankruptcy code and Georgia state law. If you make a mistake during this process it could mean your case is denied and you do not receive the relief and fresh start you are seeking.
STEPS FOR FILING FOR BANKRUPTCY IN GEORGIA
Step 1. Call Us
It all starts with a phone call to 770-614-4811 to set up a free debt consultation with an experienced bankruptcy attorney.
Step 2. Consultation
At your appointment, we will gather the information necessary to fully evaluate your situation. The information we review relates to your assets, debts, income and expenses, as well as your plans for the future. We will then evaluate your situation and inform you of your options. At this meeting, we will answer your questions about bankruptcy options and address your concerns.
If it is determined that your best option is bankruptcy, we will discuss the process in detail and go over filing requirements. We will also discuss the costs related to your bankruptcy and the payment options. If after the consultation and discussing your options you decide to proceed with a bankruptcy, we will be ready to get started on your case immediately. From the moment we are hired, you can tell the harassing debt collectors to contact your lawyer.
Step 3. Credit Counseling
Georgia bankruptcy law requires that you complete a course in credit counseling prior to filing your case. This is a very easy process and usually takes less than an hour and can be done over the internet.
Step 4. File your case
After all forms, schedules and addendums are prepared, you will sign the documents. This is your opportunity to review the information for completeness and correctness. Once the documents are signed and you have completed credit counseling, we will file your case in federal court.
Step 5. Get Protection with the Powerful Automatic Stay
Once the case is filed, the full power of the bankruptcy stay is in place to protect you from creditors. Foreclosures are stopped and garnishments are stayed. The court informs all of your creditors to leave you alone. This automatic stay is very powerful because it forces creditors to stop collection activity.
Step 6. Meeting Of Creditors
Approximately 30 to 45 days after your case is filed, you must attend a meeting of the creditors. This is also referred to as a “Section 341” hearing.
Step 7. Complete A Post-Filing Debtor Education Course
Bankruptcy law requires that before your debts can be discharged, you must complete a second debtor education course. Like the prefiling course, it can be done from your home online. It is critical that this final course is taken as soon as possible after your case is filed.
Step 8. The Discharge
The next step is the issuance of your discharge by the court. This usually happens three to four months after the filing of your case.
Unlike Chapter 7, Chapter 13 cases stay open for three to five years, depending on your particular circumstances. During this period, you are required to make monthly payments to your trustee. A portion of this payment goes to your creditors.
The amount you pay is usually a fraction to the amounts owed. In addition, you may be required to keep paying on certain debts outside your bankruptcy plan, including child support, alimony, house payments and other long-term debt. If you make all your payments on time, your creditors are not allowed to contact you. At the end of the successful plan, you will be issued a discharge of your remaining debt.