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Expert Georgia Bankruptcy Attorneys

Top ranked Georgia law firm that specializes in filing Chapter 13 and Chapter 7 bankruptcy cases. FREE Consultations. We stop foreclosure, lawsuits, repossession, tax liens, support warrants, garnishments, and other creditor actions.

Email: info@saedilawgroup.com
Call or Text: 404.919.7296

Espanol: atlantaabogadosdebancarrota.com

Saedi Law Group, LLC

One of the chief benefits of bankruptcy is the ability to restructure your finances under court supervision and protection. A confirmed Chapter 13 plan means that pre-bankruptcy creditors cannot sue or harass you as long as you stick with your plan. The problem is that Chapter 13 bankruptcy lasts a minimum of 36 or 60 months, depending on your income. What if you don’t want to wait that long and want out early?

You have three options for terminating a Chapter 13 case early, receiving the benefits of a bankruptcy discharge, and walking away:

Convert Your Case: You may be able to convert your Chapter 13 case to one under Chapter 7, receive a discharge, and end your case early. This is especially useful if you have paid a secure arrearage during the bankruptcy case or otherwise cured a default. For instance, suppose you are an under-median debtor behind on your mortgage and forced into Chapter 13 because your mortgage lender refused to accept payments. If you are able to obtain a home loan modification during the repayment period, you may decide to convert your case to Chapter 7 and include the post-petition canceled mortgage debt in the bankruptcy discharge along with all other dischargeable debts. You can convert the case at any time, as long as you otherwise qualify.

Pay 100% of Your Creditors

The growing trend among appellate courts interprets the bankruptcy “applicable commitment period” as a minimum time a debtor must remain in bankruptcy. In other words, you must remain in Chapter 13 bankruptcy a minimum of 36 or 60 months. The only exception to this minimum period is if you repay all of your unsecured claims in full as provided in Section 1325(b)(4)(B) of the Bankruptcy Code.

Modify Your Plan

Some bankruptcy courts may allow an above-median debtor at the time of the case filing to modify the bankruptcy case after confirmation to reduce the time of repayment when the debtor’s income drops below the state median income level. These courts hold that the “disposable income” test, as set forth in section 1325(b) of the Bankruptcy Code does not apply to modified plans under Section 1329. A modified plan must still continue for a minimum of 36 months.

Can You Get Out of Bankruptcy Early?

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Bank Statements and Bankruptcy: How They Are Used and What You Need to Know

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Modify Your Student Loans in Georgia
Do Not File Bankruptcy Without An Attorney
Georgia Eviction Moratorium Extended to July 31, 2021
What Exactly IS Bankruptcy?

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👉👉Evictions Are Coming Back at a Fast Rate

👉👉Evictions Are Coming Back at a Fast Rate

Evictions are starting to increase significantly here in Georgia. Renters cannot use bankruptcy to avoid eviction unless they can work out a plan to pay back accrued rent.

But for those tenants prepared to relinquish their leases, the process can slow an eviction and allow them to get out of paying built-up rent debt.

An unprecedented amount of unpaid rent is making bankruptcy a more attractive option for millions of Americans grappling with paying their landlords as Covid-19 relief measures come to an end.

While there should be sufficient government funds given to state and local authorities to reimburse landlords for missed rental assistance and relieve Georgia consumers of their debt, we are seeing that most have been unable to take advantage of these programs and are still facing eviction and debt for a broken lease.

http://ow.ly/KgLs50IB2J6

#evictions
#evictionlaw
#georgiabankruptcy
#chapter13
#chapter7
#dispossesoryhelp
#georgiabankruptcylawyer

❓❓ What You Need to Know If Your Spouse Files

❓❓ What You Need to Know If Your Spouse Files Bankruptcy?

#Spouses don't always file for #bankruptcy #together. Many times one spouse does not need to file bankruptcy and has a good credit rating.

With that however, there is still information that will be needed into order for the filing spouse to complete their case.

💒 Marriage is union between two people. This often means that the couple shares a financial situation. However, there are occasions where one spouse may rack up an insurmountable debt and wishes to file bankruptcy to discharge that debt.

⭐There is no requirement that a husband and wife jointly file bankruptcy. If most debts are owed only by one spouse, it may be appropriate for that spouse to file for bankruptcy alone.

However, if one spouse does file for bankruptcy in order to discharge debts, the other spouse may be held responsible for repayment of some debts, such as jointly-owned credit card debt or medical debt.

This is a difficult and tricky legal situation to navigate, and it is in your best interest to contact a knowledgeable bankruptcy attorney in order to determine what each person's liability will be.

http://ow.ly/XvAY50IB2lL

#bankruptyfiling
#jointbankruptcy
#chapter13
#chapter7
#georgiabankruptcy
#spousebankruptcy

The #Chapter 7 #trustee reviews the #bankruptcy pa

The #Chapter 7 #trustee reviews the #bankruptcy paperwork and checks the debtor's identification however, the main responsibility of the Chapter 7 trustee is to sell anything the debtor isn't entitled to keep and to disperse the funds to the debtor's creditors.

When you file Chapter 7 bankruptcy, you need to understand that the primary interest of the trustee will be to determine what you own and what property you claim as exempt (that you have the right to keep).

The trustee is NOT your friend and they are not there to assist you. The truth is that the trustee protects creditors, not debtors—although the trustee will be polite and help the case move along. The best way to understand this dynamic is to learn how the trustee makes their money.

http://ow.ly/NcHz50IB1zi

#chapter7
#bankruptcy
#georgialaw
#saedilaw
#bankruptcytrustee

Many of the calls we get concern judgments, how lo

Many of the calls we get concern judgments, how long they last, and what can a creditor do to collect on them.

A judgment is a final order of the court, signed by a judge or a commissioner that specifies a cash amount owed.

Georgia judgments may be enforced for seven years, after which they go "dormant". After they go dormant, you must revive them within three years (ten years total). A judgment may be renewed for another seven years, but only after it is seven years old. Then the judgment can be renewed indefinitely, if consistently renewed on a timely basis.

You can enforce (collect) judgments in many ways. The only way to enforce a judgment in GA is to record a Fieri Facias (FiFA) from the court. A FiFa is the same thing as a Writ Of Execution in other states.

Every creditor who wins a judgment usually gets a FiFA from the awarding court. The FiFA must be recorded in each county where the judgment debtor has assets.

Even if a judgment has been entered against you, bankruptcy can be a tool to remove and discharge the debt in many instances.

http://ow.ly/TqQO50IB1kz

#Georgialaw #bankruptcy #judgmentlien #judgments #FIFA #debt #collections #garnishment

#Georgia law allows self-help #repossession. This

#Georgia law allows self-help #repossession. This means once you are behind on the payments, the creditor or the repo man can get the car at any time, day or night. They like pulling the car out of your driveway at two or three o’clock in the morning, while you are sleeping, so you can’t try to stop them. Repossession can also be done by court order. This method is usually used to repossess household goods and personal property, since they are not sitting out in the yard like your car.

Under the laws in Georgia, anyone using self-help repossession cannot commit any type of breach of the peace while repossessing the vehicle. This is why they like to repossess in the middle of the night. If no one is around there won’t be a breach of the peace. A breach of the peace happens when the person doing the repossessing acts in a disorderly manner or destroys property. For instance, they can take your car out of your driveway, but they can’t open a closed or locked garage to get to it. They can take your car from the parking lot at church or work, but they can’t force you out of the car to do so.

Bankruptcy can stop repossession.

Don’t wait until your property has been repossessed to try to figure out how to deal with your financial issues. If you are behind on debt that is secured by property (car, truck, boat, other property, etc), filing bankruptcy can stop the repossession of your property, placing you and your property under the protection of the court.
#chapter13 #chapter3 #georgiabankruptcy#attorney#bankruptcylaw
http://ow.ly/HIXp50GXULY

Who Is the #Chapter #13 #Trustee in Your #Bankrupt

Who Is the #Chapter #13 #Trustee in Your #Bankruptcy Case?
The Executive Office of the #United #States Trustee appoints and supervises standing trustees and monitors and supervises cases under #chapter 13 of title 11 of the United States Code.

Duties Of A #Chapter 13 #Trustee

The Chapter 13 trustee is responsible for the estate, and does not represent either the creditor or the person filing for bankruptcy. The primary duties of the Chapter 13 bankruptcy trustee are:

-Be accountable for all property received during the Chapter 13 bankruptcy case;
-Ensure the debtor performs the debtor’s intention;
-Investigate the financial affairs of the debtor;
-Examine proofs of claims and object if necessary;
-Oppose the discharge of the debtor when necessary;
-Provide information concerning the estate and the estate’s administration as is requested by a party in interest;
-Make a final report and file a final account of the administration of the estate with the United States Trustee and the court;
-Appear at all hearings concerning the value of property subject to a lien, confirmation of a plan, or modification of the plan after confirmation.
-Help the debtor to perform under the Plan (though the trustee isn’t allowed to provide you with legal advice);
-If there is a claim for domestic support obligation (DSO), provide the applicable notice to the holder of the claim and appropriate State child support enforcement agency; and
-If the debtor is engaged in business:investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; and
once the investigation is completed, file a statement of the investigation.

What The Chapter 13 Trustee Will Not Do

The Chapter 13 bankruptcy trustee isn’t your lawyer. He or she won’t give you legal advice, won’t tell you what to do, and cannot answer legal questions for you.

http://ow.ly/LX7350GXUJv
#georgiabankruptcy
#chapter13
#chapter7
#bankruptcylaw

What do I do with debts I owe to friends or family

What do I do with debts I owe to friends or family? Are they included in my Georgia bankruptcy? Yes, unfortunately, you do. Although a #loan from mom or a cosigning on a car loan from dad is not an unusual occurrence, the bankruptcy laws seek to treat all creditors alike, which means listing all of your debts, no exceptions. I understand how this might lead to #embarrassment or a strained relationship with that #friend or family member, but not listing them can have serious consequences, not the least of which the denial of your bankruptcy discharge! Here is how you handle it. So How Do I Handle the Debts? As part of the #bankruptcy process, speak to the friend or family member before you file. Explain to him or her that you are legally obligated to list the debt and have it discharged in the bankruptcy. However, and this is the good part, it does not prevent you from paying the debt back after the bankruptcy is over. The discharge will remove their ability to make you pay the debt through a law suit, but it does not remove your right to pay voluntarily, should you wish to. Tell them that you have to list them, but that you will pay them back. This will allow you to comply with the law and (hopefully) preserve your relationship with that friend or family member. Just by virtue of being a relative or friend does not give them any special legal significance under the bankruptcy law. With very few exceptions, all creditors are treated the same and you can get rid of money you owe to them.

📅 SCHEDULE A FREE PHONE/VIDEO CONFIDENTIAL CONSULTATION WITH A GEORGIA BANKRUPTCY LAWYER: https://georgiabankruptcylawgroup.com/schedule-free-consultation-with-atlanta-bankruptcy-attorney/

Saedi Law Group are experienced Atlanta bankruptcy lawyers who have been helping Georgians file for bankruptcy for over 19 years. We have filed thousands of bankruptcy cases here in Georgia and are in court every day fighting for our client's rights against creditors. Our team is passionate about our work and we take it very seriously. It is a privilege to help clients and their families in times like these.
#bankruptcy #lawyer #attorney #Georgia #Atlanta #lawgirlboss #chapter13 #chapter7

Among the commonly misconstrued bits of terminolog

Among the commonly misconstrued bits of terminology found on your credit report are the terms “#charge off” and “#write off.” What exactly is a #charge-off? How are charge offs are treated by #creditors and credit #bureaus?
➡️1. A Charge Off Means Your Debt is Overdue: Despite what its name may imply, a charged off account doesn’t actually go anywhere. Instead, an account will become a charge off when it is significantly past due.
➡️2. The Original Creditor May Not Own Your Charged Off Debt: Once an account has been marked a charge off, the original creditor generally wants little to do with it. Of course, that doesn’t mean it disappears. Instead, that debt may be transferred to an internal collections department to try and recover some of the loss. If there is no internal collections department, the debt can be sold to an external debt collections agency.
➡️3. You Are Still Responsible for the Delinquent Debt: Regardless of where the debt ends up after the lender has written off the account, that debt still exists — and you are still responsible for paying it back.
➡️4. Negative Accounts Stay on Your Credit Report for 7 Years: The FCRA is responsible for keeping your credit information in the right hands. Another important section of the FCRA is the portion that addresses the length of time harmful information can stay on your credit report. Specifically, most types of negative accounts can stay on your report for up to seven years from the initial date of delinquency.
➡️5. Charge Offs Will Drag Down Your Credit ScoreL Whether you call it a charge off or a write off — or come up with some entirely new bit of fun financial jargon — the impact to a credit score of a charged off account remains the same: big and bad.
#bankruptcy
#Georgialawyer
#creditreport
#chargeoff
#FairCreditReportingAct
#chapter13
#chapter7
#debtcollector

The Executive Office of the #United #States Truste

The Executive Office of the #United #States Trustee appoints and supervises standing trustees and monitors and supervises cases under #chapter 13 of title 11 of the United States Code.

Duties Of A #Chapter 13 #Trustee

The Chapter 13 trustee is responsible for the estate, and does not represent either the creditor or the person filing for bankruptcy. The primary duties of the Chapter 13 bankruptcy trustee are:

-Be accountable for all property received during the Chapter 13 bankruptcy case;
-Ensure the debtor performs the debtor’s intention;
-Investigate the financial affairs of the debtor;
-Examine proofs of claims and object if necessary;
-Oppose the discharge of the debtor when necessary;
-Provide information concerning the estate and the estate’s administration as is requested by a party in interest;
-Make a final report and file a final account of the administration of the estate with the United States Trustee and the court;
-Appear at all hearings concerning the value of property subject to a lien, confirmation of a plan, or modification of the plan after confirmation.
-Help the debtor to perform under the Plan (though the trustee isn’t allowed to provide you with legal advice);
-If there is a claim for domestic support obligation (DSO), provide the applicable notice to the holder of the claim and appropriate State child support enforcement agency; and
-If the debtor is engaged in business:investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; and
once the investigation is completed, file a statement of the investigation.

What The Chapter 13 Trustee Will Not Do

The Chapter 13 bankruptcy trustee isn’t your lawyer. He or she won’t give you legal advice, won’t tell you what to do, and cannot answer legal questions for you.

🎥Watch our recent video for more detailed infor: https://youtu.be/Jt74hNEQUzY

#bankruptcy #lawyer #attorney #Georgia #Atlanta #chapter13 #chapter7 #trustee #job

There is actually no #limit on the number of #time

There is actually no #limit on the number of #times you can file for #bankruptcy in #Georgia. However, there is a limit on the number of times the courts will discharge your debts. Most of the time, the only reason people file for bankruptcy is to have their debts discharged, but that isn’t always the case.

Bankruptcy law doesn't set a minimum period that you must wait before filing for bankruptcy a second time. However, there's a catch. If you file too soon after wiping out debt in a previous case, you won't be eligible for another debt discharge.

Running into Difficulties with Repeat Bankruptcy Filings

There may be no legal limit on how many times you can file for bankruptcy in Georgia but the courts will take a good look at why the debtor is filing for a subsequent bankruptcy.

The U.S. Courts explain: “A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial ‘fresh start’ from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision: ‘[I]t gives to the honest but unfortunate debtor … a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.’”

If you have filed for bankruptcy multiple times, the courts will have a greater degree of scrutiny when assessing the situation.

🎥Watch our recent video with more detail about this topic: https://youtu.be/sgjnZfMd6Dc

Here are some common questions we hear about filing bankruptcy: 👇
⭐http://ow.ly/Grju50GHQXn⭐

Review some our recent case results👇
⭐http://ow.ly/VeNm50GHQXj⭐

📲For more information about Chapter 13 and Chapter 7 bankruptcy:
http://ow.ly/rB4550GHQXm

QUESTIONS ABOUT BANKRUPTCY? 👇👇Check out the links below 👇👇

📅 SCHEDULE A FREE PHONE/VIDEO CONFIDENTIAL CONSULTATION WITH A GEORGIA BANKRUPTCY LAWYER:
http://ow.ly/THa850GHQXk

What do I do with #debts I owe to #friends or #fam

What do I do with #debts I owe to #friends or #family? Are they included in my #Georgia #bankruptcy?

Yes, unfortunately, you do. Although a #loan from mom or a cosigning on a car loan from dad is not an unusual occurrence, the bankruptcy laws seek to treat all creditors alike, which means listing all of your debts, no exceptions.

I understand how this might lead to #embarrassment or a strained relationship with that #friend or family member, but not listing them can have serious consequences, not the least of which the denial of your bankruptcy discharge! Here is how you handle it.

So How Do I Handle the Debts?

As part of the #bankruptcy process, speak to the friend or family member before you file. Explain to him or her that you are legally obligated to list the debt and have it discharged in the bankruptcy.

However, and this is the good part, it does not prevent you from paying the debt back after the bankruptcy is over. The discharge will remove their ability to make you pay the debt through a law suit, but it does not remove your right to pay voluntarily, should you wish to.

Tell them that you have to list them, but that you will pay them back. This will allow you to comply with the law and (hopefully) preserve your relationship with that friend or family member.

Just by virtue of being a relative or friend does not give them any special legal significance under the bankruptcy law. With very few exceptions, all creditors are treated the same and you can get rid of money you owe to them.

🎥 Watch our recent video on this sensitive topic: http://ow.ly/F15u50GHQ0q

QUESTIONS ABOUT BANKRUPTCY? 👇👇Check out the links below 👇👇

📅 SCHEDULE A FREE PHONE/VIDEO CONFIDENTIAL CONSULTATION WITH A GEORGIA BANKRUPTCY LAWYER:
http://ow.ly/zNGa50GHQ0z

📗FREE GUIDE TO DEALING WITH DEBT IN GEORGIA:
http://ow.ly/w3o450GHQ0t

#bankruptcy #debt #family #friends #georgia #lawyer

Many consumers in the state of #Georgia are dealin

Many consumers in the state of #Georgia are dealing with #unpaid credit card bills, medical bills, and other unpaid #loans. When #debts go unpaid for a long period of time, creditors may decide to institute a #lawsuit against the consumer so that the creditor can obtain a judgment.

A #judgment provides the ability to collect money involuntarily through #wage garnishments or seizures of bank accounts or other property.

A debtor being sued by a #creditor should be informed of the statute of limitations for a breach of contract action. That’s because most lawsuits for the collection of debts are considered breach of contract cases.

In #Georgia, written contracts have a #statute of #limitations #period of 6 #years from the time in which the debt becomes due and payable and the period runs from the date of last payment (OCGA 9-3-24). On the contrary an open account, implied promise or undertaking has a statute of limitation of only 4 years (OCGA 9-3-25). Prior to entering into an agreement to pay off a debt, a consumer should ensure the debt is actually still due and payable.

➡️➡️NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not toll the statute; the statutory period runs from the date of default, not the date of last payment.

🎥 Watch our detailed video on this topic: https://youtu.be/sgjnZfMd6Dc

QUESTIONS ABOUT BANKRUPTCY? 👇👇Check out the links below 👇👇

📅 SCHEDULE A FREE PHONE/VIDEO CONFIDENTIAL CONSULTATION WITH A GEORGIA BANKRUPTCY LAWYER:
https://georgiabankruptcylawgroup.com/schedule-free-consultation-with-atlanta-bankruptcy-attorney/

🔥🔥TOP GEORGIA BANKRUPTCY LAWYERS🔥🔥

Saedi Law Group are experienced Atlanta #bankruptcy #lawyers who have been helping Georgians file for bankruptcy for over 20 years.

➡️We have filed thousands of bankruptcy cases here in Georgia and are in court every day fighting for our client's rights against creditors.

Saedi Law Group offers a free, no obligation consultation with an experienced attorney (not a paralegal) who will review your specific situation and advise you about your options for moving forward.

#georgiabankruptcy #lawsuit #judgment #statutelimitations #bankaccount

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© 2022 Saedi Law Group LLC. All Rights Reserved. LEGAL DISCLAIMER: We are a debt relief agency. We help people obtain relief from their creditors by filing for bankruptcy. Nothing posted on this website shall constitute legal advice. If you need legal advice please contact our office to schedule an appointment. No attorney client relationship exists until we have a written contract.

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