Millions of Americans face financial difficulties. If you find yourself in that situation, there is no doubt that money is tight. It’s only natural to wonder if spending any of it to hire a bankruptcy attorney is a good idea.

Should you hire a bankruptcy attorney in Georgia? In most situations, you should. However, there are mitigating circumstances. You also need to understand how bankruptcy attorneys help their clients. There’s much more to it than simply paying an attorney to draw up a few papers.

In this post, we will explore what bankruptcy attorneys do to help their clients in Georgia. We’ll also touch on other things, such as the role of an attorney depending on the assets you want to protect, as well as the type of bankruptcy filing you’re thinking about.

 

Are You Required to Have a Bankruptcy Attorney in Georgia?

The short answer to the question above is “no”. You’re allowed to file for bankruptcy on your own (“pro se” in legal parlance). However, this is rarely a good idea. Even with a Chapter 7 bankruptcy filing, which is the cheapest and simplest type, there are hurdles you may struggle to get over. And when it comes to Chapter 13 bankruptcy filings, the situation can be quite complex. Almost none of the pro se Chapter 13 plans are approved and even experienced attorneys find that they must amend their plans to have them approved by the court.

Representing yourself also means facing a wide range of additional pitfalls that include the following, all of which can mean having your case dismissed:

• Failure to file all required forms, schedules, and statements on time and complete
• Failure to file your plan within the allotted time
• Failure to file a conformable plan
• Failure provide your creditors with proper notice
• Failure to include all sources of income in your means test
• Including expenses in your means tests that are not allowable
• Failure to comply with local procedures
• Failure to correct any filing errors

Working with an experienced Georgia bankruptcy attorney will help ensure that you avoid those pitfalls, as well as many others, while also lightening the load on you.

 

Legal Help: What Does Your Georgia Bankruptcy Attorney Do for You?

As you can see, trying to go it alone when filing bankruptcy in Georgia is not a good idea. However, it’s still not clear exactly what you’re getting for your money. Is it really just about making sure things are filed on time and that your forms are complete?

While those things do play a role, there’s so much more that an experienced bankruptcy attorney can offer in the way of service and solutions.

Listen to You: Your bankruptcy attorney will listen to your side of the story and help you understand what your next steps should be. There is no one-size-fits-all approach when it comes to bankruptcy.

Everything needs to be personalized to your unique situation, needs, and debt load. Your attorney will do just that, bringing years of experience and expertise to the conversation. With that help, you’ll get a personalized solution that speaks directly to your life.

Guidance: What type of bankruptcy are you thinking about filing? Chapter 7? Chapter 13? Do you understand the differences between them? It goes much deeper than liquidation versus a repayment plan.

For instance, did you know that a Chapter 7 bankruptcy will stay on your credit report for 10 years, but a Chapter 13 will only hang around for seven? Did you know that there are some types of debts that can be discharged under one type of filing, but not the other? Deciding which type of bankruptcy to file is a major undertaking and your attorney will provide you with the guidance necessary to make an informed decision.

Navigating the Complicated World of Bankruptcy: Bankruptcy law in Georgia is complex and difficult to understand if you lack a legal background. Your attorney will help you navigate this area and comply with all bankruptcy requirements. They will help you deal with federal, state, and even local issues (almost all districts have unique requirements that complicate the filing process).

Representation: A bankruptcy attorney in Georgia will do more than just advise you and file your paperwork. They will represent you when it comes time to go to court. Having experienced representation during this process is essential and a vital step toward a positive resolution for your situation.

 

What Should You Expect from Your Georgia Bankruptcy Attorney?

An experienced Georgia bankruptcy attorney will help you through the filing process. That’s what this is – a marathon, not a sprint, a process, not a once-and-done submission of paperwork. There should be at least four stages to the process.

 

Consultation

You should have an initial consultation with your attorney. This should last between 30 minutes and an hour, and both you and your spouse should attend (if applicable). This is your chance to ask questions and get information, as well as the attorney’s opportunity to learn more about your case and its specifics.

 

Advice

Once your attorney has listened to your situation and discussed your needs and goals, as well as learning more about your assets and how you want to protect them, the conversation will turn to advise on which form of bankruptcy is right for you.

Chapter 7 is the cheapest and the fastest, but it is also the most damaging to your credit. In Chapter 7 bankruptcies, your non-exempt assets will be sold. The proceeds will go to pay your creditors. Once all assets are disposed of, any remaining qualifying debt will be discharged. The bankruptcy will remain on your credit report for 10 years.

Chapter 13 is more expensive and time-consuming. In this situation, most of your assets can be protected, and you’ll arrive at a payment agreement with most of your creditors. Some debts can be discharged, though, and if you’re underwater with a particular asset, you can usually return it to the creditor and the overage will be forgiven. A Chapter 13 filing will stay on your credit report for seven years.

As a note, your attorney will not make a recommendation on how to proceed until they have sufficient information. It often comes as a surprise, but bankruptcy may not be the best course of action for you. Your attorney will recommend steps they feel are best suited to your needs and situation, and that might include something like debt settlement or enrolling in a debt management program. Both of these options are less expensive than bankruptcy, and they do not have the same effects on your credit score.

 

A Note on Documentation

During or immediately after your consultation, your attorney will ask for some paperwork. You will need to provide a wide range of documents, and all of them are related to how much you owe and to whom. At a bare minimum, you will need:

 

• Tax returns for the last two years in the case of a Chapter 7 filing and four years if you’re thinking about filing Chapter 13

 

• Documentation of your income, such as paycheck stubs for employees or year-to-date P&L statements if you’re self-employed

 

• Proof of real estate fair market value and your mortgage statement(s)

 

• Vehicle registration(s)

 

• Proof of vehicle value

 

• Proof of auto insurance

 

• Information about your bank accounts and retirement accounts

 

• Photo ID and Social Security card(s)

 

• Documents that support other areas of your financial life, such as child support or spousal support orders

 

• Credit counseling course completion certificate

 

While you will need to supply all of this documentation, and possibly other documents, too, your attorney will complete and file a very wide range of documents with the court. You can access a list of the filing requirements for Chapter 7 in the state of Georgia on the United States Bankruptcy Court North District of Georgia web page. The documents required for filing Chapter 13 can also be found on the website.

 

Representation

If you decide to move forward with a bankruptcy filing, your attorney will file the appropriate paperwork, pay the fees, submit further documentation, and then appear with you in court. If you are pursuing a Chapter 7 bankruptcy, you will need to appear before a trustee to review the petition. Your attorney will appear with you and should have done all the legwork ahead of time.

In a Chapter 13 filing, you will need to appear before a trustee, but you will also need to present your plan to the court. Your attorney will have created a plan that accounts for all your debts, but even then, revisions and alterations are sometimes necessary. Your plan must meet all the requirements outlined in the bankruptcy code for the court to confirm it.

 

Is It Worth It to Hire a Bankruptcy Attorney in Georgia?

While it’s possible to represent yourself in a bankruptcy filing, it’s not recommended. Working with an attorney is not a guarantee that you will be granted a discharge, but it increases the odds significantly.

However, perhaps the most important benefit of working with a bankruptcy attorney in Georgia is this: you get the peace of mind that comes from knowing your case is being handled by someone with in-depth experience and expertise. Are you ready to discuss your bankruptcy case? Contact us today to schedule your no-obligation consultation or to learn more about your options when it comes to filing for bankruptcy.