Chapter 7 Bankruptcy Attorney in Tifton

Considering Filing? Call (229) 354-4490 For Skilled Guidance.

While a Chapter 7 filing is a viable option for many people, it’s important to seek knowledgeable legal representation to help you make the right decision. Michael H. Turner P.C. has over 20 years of experience helping good people through hard times, and we are here to provide you with the guidance you need. If you’re considering filing for bankruptcy, it is worth speaking to our bankruptcy attorney in Tifton to find out which type of bankruptcy filing is right for you.

What Debts Are Discharged in Chapter 7?

Chapter 7 is often referred to as a "fresh financial start" for the average debtor. With Chapter 7 bankruptcy, you can have most of your unsecured debts discharged. The unsecured debt relates to debt that does not have specific collateral secured against it, such as a car or house.

Discharge unsecured debt such as:

• Department store and credit card debt
• Medical bills
• Personal loans
• Student loans
• Utility bills
• Back rent

Benefits of Chapter 7

Chapter 7 is especially powerful because it allows you to get a fresh start immediately by erasing most major types of debt like credit card debt, medical bills, personal loans, and more.

Once you file, you will be protected from creditors. This means a stop to harassing phone calls, wage garnishments, collections letters, and lawsuits. Temporary stops are even put on evictions, foreclosures, and repossessions.

When your debts are discharged, you are not obligated to pay your unsecured debt. If you are eligible to file, then your debt discharge will most likely be approved and you will be able to keep most of your belongings as well!

How to Qualify for Chapter 7

In order to qualify for Chapter 7 bankruptcy, you must meet several requirements:

• You pass the “means test”
• You have completed a credit counseling course that is approved by the U.S. Bankruptcy Trustee within 180 days of filing.
• You must not have a previous bankruptcy case that was dismissed within the last 180 days.
• The bankruptcy court must not suspect that you are cheating creditors.

What is the Means Test?

The means test determines whether you have enough disposable income to repay your debts and live comfortably. This means that you should have enough monthly payroll to pay a portion of your debt after subtracting certain expenses.

How to File Bankruptcy Chapter 7

In order to file for Chapter 7, there are typically 6 steps to the process:

1. Complete a credit counseling course before filing. This may be done online or via phone.
2. File for Chapter 7. Be sure that your forms are completed properly and contain detailed information about your property, creditors, and financial transactions you have had within the last 2 years.
3. Send your bankruptcy trustee a copy of your most recent tax returns. The trustee will be handling your bankruptcy case for the court and they may request additional information of you -- be sure to provide it.
4. Attend the 341 Creditor’s Meeting 30 days after you file. This meeting will be conducted by your trustee and is technically for you and your creditors, however, it is rare for the creditor to make an appearance. During the meeting, you will be asked to answer questions under oath regarding the documentation you have provided and anything else that is relevant to your bankruptcy filing. 341 Creditor’s Meetings typically last 5 minutes.
5. Attend a budget counseling online or via phone no later than 60 days after the 341 Creditor’s Meeting. File a copy of your certificate of completion with the trustee to confirm that it was completed.
6. After the course, be sure to not sell or give away any property. At about 60 to 75 days after the Creditor’s Meeting, you should receive a letter from the bankruptcy court that announces your debts have been discharged. If you have nonexempt property, your trustee will contact you to discuss how liquidation will go.

What Happens After Filing For Chapter 7?

After filing Chapter 7 in Georgia, the debtor's assets are evaluated and non-exempt assets may be liquidated to pay off creditors.

Here are some things that happen after filing Chapter 7 in Georgia:

• Automatic stay: After filing, an automatic stay goes into effect, which stops most collection actions
• Meeting of creditors: You’re required to attend a meeting of creditors, where you’ll be questioned by a trustee about your financial situation and bankruptcy paperwork.
• Discharge: If the bankruptcy is approved, you’ll receive a discharge, which eliminates most unsecured debt.
• Rebuilding credit: You can begin rebuilding your credit when you receive the discharge. This may involve obtaining new credit, such as a secured credit card, and making on-time payments.

What Can You Not Do After Filing For Chapter 7

There are also things that you cannot do after filing Chapter 7 in Georgia, including:

• Obtaining new debt without court approval: You cannot obtain new credit or take on new debt without first obtaining court approval.
• Disposing of property: You cannot dispose of property or assets after filing Chapter 7 without court approval.

At Michael H. Turner P.C., our Tifton Chapter 7 bankruptcy lawyers have over 20 years of experience helping individuals and families achieve financial freedom through bankruptcy. We offer free consultations and no-money-down options to help make the bankruptcy process more accessible to those in need. Our bankruptcy chapter 7 attorneys in Tifton are committed to helping our clients navigate the complex bankruptcy process and achieve a fresh start financially.

If you are considering filing Chapter 7 in Georgia, contact our bankruptcy Chapter 7 attorney in Tifton to schedule your free consultation. We are here to help you understand your options and achieve a brighter financial future.

What Happens to Secured Debt in Chapter 7 Bankruptcy?

Unfortunately, it is very rare that secured debt is eliminated in Chapter 7, it is treated differently based on your debt. Below are some options for secured debt in Chapter 7:

• Return the property to the creditor
• Keep the property and continue making payments -- there is a possibility that Georgia bankruptcy exemptions may protect the equity
• Purchase the property -- a rare possibility because the person filing may not have the assets to purchase the property

Georgia Bankruptcy Exemptions

If you have property that falls within one of the bankruptcy exemptions then it can be protected from creditors, below are bankruptcy exemptions in Georgia:

• Homestead exemption
• Wage exemption
• Motor vehicle exemption
• Wildcard exemption
• Personal property exemption
• Tools of trade exemption
• Insurance benefits exemption
• Pension exemption
• Public benefit exemptions
• Other exemptions -- child support, spousal support, up to $10,000 for payments from personal injury case etc.

Get Personal Attention & Dedicated Service

Selecting a bankruptcy attorney to help you can be difficult. You need to select someone who can effectively guide you through bankruptcy law in South Carolina. Most importantly, you need to select a lawyer you feel comfortable with throughout this involved process.

Debt is overwhelming, most people either don’t know how to file for bankruptcy or don’t think filing is an option. However, filing for bankruptcy can offer you the protection you need against:

• Repossessions
• Foreclosures
• Creditor Harassment

At Michael H. Turner P.C., our team offers free case evaluations and will investigate your individual situation, helping you decide if a Chapter 7 bankruptcy filing is right for you. We can also go over your other debt-relief options, including filing for Chapter 13. We are with you every step of the way to see you through this difficult time.