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An index and middle finger hold a black ballpoint pen over a form titled Petition to File For Bankruptcy, posing the question, How do I file bankruptcy in Athens, GA?

How Do I File Bankruptcy in Athens, GA?

| March 20, 2021 | Lee Paulk Morgan

If you’re wondering how do I file bankruptcy in Georgia, the “how” of filing bankruptcy is rather straightforward. Some people, usually though no fault of their own, owe more than they can pay. About 140 million Americans endure significant hardship because of medical bills. No one wants to get injured or ill. These things just happen.

Other people struggle with secured debt delinquency. Many families spend a significant part of their income on housing. If they fall more than a month or two behind, it’s almost impossible to catch up. And, largely because government bureaucrats have eliminated some key debt protections, these lenders are very aggressive.

Since creditors are more aggressive than ever, you need an aggressive Georgia bankruptcy attorney by your side. Other bankruptcy filing options are available. But only an attorney maximizes the fresh start which the Bankruptcy Code guarantees. Without a lawyer’s help, many families end up right where they began.

The Benefits of Filing Bankruptcy in GA for Residents

Bankruptcy’s fresh start has several components. The Automatic Stay stops creditor harassment and the judge discharges most unsecured debts. Federal and state bankruptcy laws also protect your property throughout the process.

Because of the aforementioned legal changes, many lenders think they can get away with almost anything. But Section 362 of the Bankruptcy Code immediately stops things like:

  • Foreclosure,
  • Wage garnishment,
  • Repossession,
  • Utility shutoff, and

If you are behind on car payments, mortgage payments, or other secured debt, the Automatic Stay remains in effect for up to five years. This time window gives most families plenty of time to gradually erase these delinquencies on their own terms.

Medical bills are unsecured debts. So are credit cards, payday loans, and most other obligations which did not include security or collateral. Imagine what your family can do with an extra several thousand dollars a year.

Contrary to popular myth, most people who file bankruptcy do not lose any of their assets. The law protects things like your house, car, personal property, and retirement account. Usually, only luxury items, like private planes and beach houses, are at stake in bankruptcy.

How Do I File Bankruptcy DIY in Georgia?

There is a very strong Do-It-Yourself drive in America. Since money is usually tight when people file bankruptcy, many debtors think they can DIY and save. However, DIY filers are often penny wise and pound foolish.

Filing bankruptcy is very time consuming. If you do it yourself, expect to spend all your free time for the next several months working on your bankruptcy case. It’s much more efficient to let a professional Georgia bankruptcy lawyer carry this burden.

Furthermore, filing bankruptcy is much more complex than filing a personal tax return. Filing bankruptcy is more like filing a corporate tax return with no accountant or instructions to help you. That task is almost impossible.

What Is a GA Bankruptcy Petition Preparer?

To continue with the tax return analogy, a BPP is a bit like basic TurboTax. BPPs help you fill out the initial paperwork. But BPPs cannot give you legal advice. For example, they cannot recommend a Chapter 7 or Chapter 13 bankruptcy. You have to figure that out for yourself. BPPs certainly cannot represent you at the conformation hearing or any other bankruptcy legal hearing.

The TurboTax comparison is not exactly accurate. Accountants have a hand in TurboTax development. But BPPs do not need to meet any special qualifications. A few BPPs used to work in law offices. Most are simply good at taking peoples’ money and filling out forms. That’s nice work if you can get it.

The Georgia Bankruptcy Lawyer – Client Relationship

The attorney-client partnership begins with a long conversation about your needs and goals. Based on this conversation, a Georgia bankruptcy lawyer recommends a course of action. Sometimes, it is not even necessary to file bankruptcy. We often successfully negotiate with creditors outside bankruptcy.

Bankruptcy petitions and schedules are very complex documents. Even an innocent mistake could lead to serious bankruptcy fraud charges. Experienced lawyers do not only know how to complete this paperwork accurately. Attorneys also know how to property value your assets and maximize the law’s property exemptions.

Like other legal processes, filing bankruptcy is almost never smooth sailing. There are usually challenges along the way. Only a Georgia bankruptcy lawyer stands up for your rights in these situations.

Perhaps best of all, only an attorney maximizes your fresh start. A Georgia bankruptcy lawyer can unlock some advanced features which could save your family vast amounts of money. Furthermore, an attorney helps former debtors quickly raise their credit scores. So, by the time the filing notation falls off their credit reports, many people have forgotten that they filed bankruptcy at all.

Filing bankruptcy with an experienced Georgia bankruptcy lawyer is your best option. To get started, reach out to Morgan & Morgan, Attorneys at Law, P.C. for a free consultation.

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