Posts Tagged ‘chapter 7 bankruptcy’
Atlanta Bankruptcy Lawyer – Call (404) 857-0456 ?
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Going bankrupt in Atlanta is a serious and stressful situation in which to find yourself. Admitting that it’s time to file for bankruptcy is not an easy decision to make, but if your situation is serious, it can be one of the best possible actions for you to take. Filing bankruptcy can relieve you of the stress and sleepless nights that come from payment due dates, late fees, and nasty collections phone calls.
For such situations, the first thing to do is look for the best bankruptcy attorney in Atlanta. We will file your bankruptcy petition for you and handle all legal requirements and other formalities, to ensure the process is done correctly and that you do not face any more harassment from your creditors.
You can take advantage of the experience and services of an Atlanta bankruptcy attorney from The Law Office of Russell H. Hippe, III, one of the most trusted bankruptcy attorneys in Atlanta. If you need to file bankruptcy, know that Russell Hippe is one of the best bankruptcy attorneys in Atlanta, with proven experience and complete services for those who need to file. The Law Office of Russell H. Hippe, with the best Atlanta bankruptcy attorney services, will not only consult with you and advise you on whether you should file but will prepare your petition, and will prepare your case and represent you throughout every stage of your filing.
Offering the proven services of the best Atlanta bankruptcy attorneys, The Law Office of Russell H. Hippe, III offers many advantages to bankruptcy clients:
Russell Hippe with its best service of Atlanta bankruptcy attorneys, can obtain a complete view of your obligations, so that the best and most appropriate course of action can be determined.
Russell Hippe with his best Atlanta bankruptcy service by an attorney will advise on whether you should negotiate your accounts prior to a petition being filed.
Russell Hippe, utilizing his best Atlanta bankruptcy skills, will study any third-party assignees and judgments made against you for your bankruptcy case.
Russell Hippe, can obtain a copy of your IRS Tax Transcripts for review by one of the best Atlanta bankruptcy attorneys
Russell Hippe can ensure that your Financial Means Test performance and certification is overseen by one of the best Atlanta bankruptcy attorneys.
All court payments will be handled by one of the best Atlanta bankruptcy attorneys.
Russell Hippe will represent you at your bankruptcy case court hearing with none other than the best Atlanta bankruptcy attorneys.
The difference between hiring inexperienced attorneys elsewhere and hiring the best Atlanta bankruptcy attorneys at The Law Office of Russell Hippe is significant. We understand how important and sensitive bankruptcy is, both financially and socially, so to work with a best Atlanta Bankruptcy Attorney with the best results, contact Russell Hippe.
The Law Offices of Russell H. Hippe, III | Bankruptcy Lawyer
1360 Peachtree Street, Suite 1205
Atlanta, GA 30309
(404) 857-0456 ?
http://hippelawyer.com
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Chapter 7 Bankruptcy Atlanta 404-857-0456
http://hippelawyer.com Call (404) 857-0456 for Your Free Evaluation
A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor’s property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain “exempt” property; but a trustee will liquidate the debtor’s remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.
To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor’s debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a “fresh start.” The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property. Source: http://www.uscourts.gov/
The Law Offices of Russell H. Hippe, III | Bankruptcy Lawyer
1360 Peachtree Street, Suite 1205
Atlanta, GA 30309
(404) 857-0456 ?
http://hippelawyer.com
Marketing by http://LocalMarketingAnswer.com
Duration : 0:4:8
Chapter 7 Means Test Georgia (404) 857-0456
http://HippeLawyer.com Call (404) 857-0456 for Your Free Evaluation
Filing a petition under chapter 7 “automatically stays” (stops) most collection actions against the debtor or the debtor’s property. 11 U.S.C. § 362. But filing the petition does not stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.
Between 20 and 40 days after the petition is filed, the case trustee (described below) will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator (5) schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor’s financial affairs and property. 11 U.S.C. § 343. If a husband and wife have filed a joint petition, they both must attend the creditors’ meeting and answer questions. Within 10 days of the creditors’ meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).
It is important for the debtor to cooperate with the trustee and to provide any financial records or documents that the trustee requests. The Bankruptcy Code requires the trustee to ask the debtor questions at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in bankruptcy such as the effect on credit history, the ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. Some trustees provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors. 11 U.S.C. § 341(c).
In order to accord the debtor complete relief, the Bankruptcy Code allows the debtor to convert a chapter 7 case to a case under chapter 11, 12, or 13 (6) as long as the debtor is eligible to be a debtor under the new chapter. However, a condition of the debtor’s voluntary conversion is that the case has not previously been converted to chapter 7 from another chapter. 11 U.S.C. § 706(a). Thus, the debtor will not be permitted to convert the case repeatedly from one chapter to another.
Source: http://www.uscourts.gov
The Law Offices of Russell H. Hippe, III | Bankruptcy Lawyer
1360 Peachtree Street, Suite 1205
Atlanta, GA 30309
(404) 857-0456 ?
http://hippelawyer.com
Marketing by http://LocalMarketingAnswer.com
Duration : 0:3:53
What is a Chapter 7 bankruptcy?
The United States Bankruptcy Code offers several different bankruptcies. Two of those bankruptcies are available to consumers, chapter 7 and chapter 13. Chapter 7 bankruptcy, which is often called straight bankruptcy, is where the debtor goes to the court and requests that his/her unsecured debts be discharged. In a Chapter 7 Bankruptcy the debtor is going to be responsible for paying for his own car and any other secured items for which they would like to keep. But they are asking that their unsecured liabilities be discharged by the court. Chapter 7 bankruptcy typically takes from start to finish, about 180 days. And then the court grants a discharge to the debtor. Typically lower income or very fixed income people qualify for Chapter 7 bankruptcy.
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Chapter 11 Bankruptcy Fontana CA
Visit http://www.mydebtorlaw.com/index.html or call 909.890.0105 for a free ½ hour consultation appointment.
Duration : 0:0:58
