A Kennesaw Bankruptcy Attorney

A Kennesaw, Ga Bankruptcy Law Firm

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A Kennesaw Bankruptcy Law Firm

Kennesaw Bankruptcy Attorney

About Bankruptcy in Kennesaw, Ga

Bankruptcy Commonly asked Questions

About Cherney Law Firm

A kennesaw, Ga Bankruptcy Law Firm
A kennesaw, Ga Bankruptcy Law Firm

Bankruptcy Is The Path To Recovery

SAVE YOUR HOME AND KEEP YOUR CAR

 

 

STOP WAGE GARNISHMENT

&

CREDITOR HARASSMENT IMMEDIATELY

 

 

CHERNEY LAW FIRM

HELPING YOU GET BACK ON YOUR FEET

A kennesaw, Ga Bankruptcy Law Firm
A kennesaw, Ga Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm
An Alpharetta Bankruptcy Law Firm

Why Choose

Our Kennesaw Bankruptcy Law Firm?

Is Bankruptcy Right For You?

Find Out Now

Experienced Kennesaw Bankruptcy Attorney

You have one chance to get it right when filing Bankruptcy. Do not risk it with an inexperienced lawyer or paralegal. With years of legal experience, we have what it takes to properly represent you.

 

Affordable Kennesaw Bankruptcy Attorney

Do not sacrifice experience for cheap representation. We will work with you to create an affordable Bankruptcy plan based on your individual needs.

 

Fast Filings

Sometimes you can't afford to wait. When garnishments or levies are leaving you in a tight spot, we will act fast to help get you the relief you need.

 

Speak to an Kennesaw Bankruptcy Attorney

This is a critical time for you. You don't want to be passed off to an office assistant. You will develop an important relationship with our law firm as we guide you through the Bankruptcy process.

 

Results

With experience comes results. We will deliver on our promises and represent your best interests at all times.

A Kennesaw, Ga Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm
A Kennesaw, Ga Bankruptcy Law Firm

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A Kennesaw, Ga Bankruptcy Law Firm

BANKRUPTCY ATTORNEY IN KENNESAW, GA

 

Overwhelmed by Debt? Get Legal Help Today!

 

Bankruptcy is a financial tool which was designed in order to help individuals and families who have found themselves trapped by debt. There are two main options which people choose when filing for bankruptcy: Chapter 7 and Chapter 13. However, not everyone is able to qualify for these types of bankruptcies and so it could be in your best interests to examine an alternative which may better suit your situation.

 

As an educated attorney with years of experience, I can provide the qualified advice, caring guidance and aggressive representation that you need when pursuing bankruptcy. Such a decision is not easy to make and requires the guidance of a qualified lawyer. If you are considering filing for bankruptcy, make sure you are fully informed.

 

To learn more and better comprehend bankruptcy, read through the various topics we have explained on this website:

 

  • Alternatives to Bankruptcy
  • Bankruptcy isn't for everyone. You might instead benefit from debt negotiation, debt settlement, or by discharging your debt. Always talk to an attorney first so that you make the right decision for your financial situation.
  •  
  • Automatic Stay
  • One of the most powerful aspects of the U.S. Bankruptcy Code is the fact that as soon as you file your petition with the court, you will be protected by an automatic stay against further creditor action. The automatic stay can put an end to wage garnishment, repossessions, evictions and even foreclosure.
  •  
  • Benefits of Bankruptcy
  • Contrary to popular belief, bankruptcy has many benefits. It could allow you to wipe out your debts and financial stress while also providing relief from creditor harassment. It can provide you with a certain peace of mind, while helping to solve your debt issues.
  •  
  • Exemptions of Bankruptcy
  • Many individuals are allowed to petition certain property exemptions when filing for bankruptcy, allowing them to keep items such as their household items, clothes, heirlooms, jewelry, car and house. This way they are able to continue rebuilding their life after filing and do not find themselves completely without.
  •  
  • Common Kennesaw, Ga Bankruptcy Questions
  • Determining whether or not bankruptcy is a correct call for your financial situation can bring up a plethora of questions. As an experienced Kennesaw, Ga bankruptcy lawyer, I know full well that you want to feel comfortable before diving into a serious commitment like filing for bankruptcy. That is why I have provided a list of common questions as well as relevant answers for each. Contact my office for further inquiries.
  •  
  • Creditor Harassment
  • One of the most stressful aspects of serious debt is the harassing calls made by your creditors. According to Federal law, these calls must stop once you hire a bankruptcy lawyer. If you have been threatened or coerced into paying your debts, get in touch with my office immediately.
  •  
  • Differences Between Ch. 7 & Ch. 13
  • It is important that you understand the differences between Chapter 7 and Chapter 13 so that you can pursue the option that is most beneficial to you. Consult with a bankruptcy attorney to learn more about the pros and cons when filing either type.
  •  
  • Discharging Your Debt
  • If you are financially incapable of repaying part or all of your debt, you may be able to have it discharged. This means that you are released from your debts and no longer have to worry about repayment.
  •  
  • Qualifications of Bankruptcy
  • As more consumers turned to bankruptcy as a way to find much needed debt relief, legislation was enacted to tighten the eligibility requirements. My firm can help you determine if you qualify for bankruptcy.
  •  
  • Foreclosures
  • Scared of losing your home? A bankruptcy attorney could defend you from foreclosure and help you save your home. Filing for bankruptcy could halt a foreclosure, so consult with my firm today to learn more.
  •  
  • Life After Bankruptcy
  • Filing for bankruptcy is often one of the best decisions a person can make. Such an action could end harassing calls from creditors, eliminate financial stress, and allow debtors to get a fresh start on life.
  •  
  • Means Test
  • In order to determine your eligibility for Chapter 7 or Chapter 13 bankruptcy, you must take the means test. This test calculates your financial state and ability to repay any or all of your debt by comparing your income with your expenditures.
  •  
  • Repossession
  • Many people worry that filing for bankruptcy may cause them to lose their home, car and valuable possessions. In fact, it may put a stop to having certain items repossessed due to lack of payments. When you file a bankruptcy petition, it puts an automatic stay in place, protecting your goods until the bankruptcy process is over. For further information, do not hesitate to contact my firm.
  •  
  • Garnishment of Wages
  • When consumers are unable to remain current on their debts, creditors can have their wages garnished so that they receive payment. As wage garnishment can severely compromise your well-being, my firm offers assistance in protecting you against debt collection and in helping you attain financial stability.

 

Retain an Affordable Legal Representative in Kennesaw, Ga

 

It is not recommended that you attempt to file for bankruptcy without first consulting with a qualified bankruptcy lawyer in Kennesaw. Since 2006, I have represented thousands of clients in all kinds of bankruptcy cases and helped them to find the relief that they need. I also seek to remain affordable and may be able to provide payment options depending on your circumstances. Call Cherney Law Firm LLC today for a free case evaluation to determine what legal steps you should take to find debt relief today!

 

 

A word from Bankruptcy Attorney Matthew Cherney:

"At a moment when is seems like everything is crashing down on you, Bankruptcy may your best way out. Here at Cherney Law Firm, I understand the aptitude of pressure and stress that insurmountable debt can place on an individual. My past client testimonials have given proof of my level of dedication and care towards each case I take on."  Bankruptcy attorney Matthew Cherney has personally handled thousands of individual bankruptcy cases, providing amicable solutions for people throughout Kennesaw and the surrounding cities of Georgia.  Read the following review he received from a previous client who walked away retaining the legal help he needed:

 

"Mr. Cherney was there from the beginning till the end. He kept me informed throughout the entire process. Very knowledgeable and always available for any questions/concerns I may have had. Best lawyer experience I have ever had."

 

With todays economy being the way it is, his compassion and understanding towards your arduous financial situation is plenarily heartfelt. His greatest desire is to help you get back on your feet. By making himself available every day of the week, offering weekend appointments for any questions and concerns, you can feel confident that nothing comes before you and your future well-being. Put an end to harassing creditors, nerve-racking financial decisions and overpowering debts by hiring a Kennesaw, Ga bankruptcy lawyer such as Matthew Cherney, who is invested in your best interests.

 

 

Misconceptions About Bankruptcy

 

Unfortunately, there is a misconception that Bankruptcy could be perceived as being a shameful thing, or even embarrassing.  This is a false pretense however because there are many variables that come into play when it comes to Bankruptcy and unavoidable debts.  Anything from sudden medical bills, out of control mortgage payments or unemployment are actions that are unforeseeable and unpredictable.  Because of this misconception, many people in Kennesaw, Ga believe that bankruptcy is not very common and should be avoided at all costs, when in actuality this is far from the truth.

 

In 2011 for the Northern District of Georgia alone, there were 51,075 nonbusiness bankruptcy filings. For the entire U.S. the number of filings in that same year reached just over 1.36 million. These are staggering statistics that may come as a surprise to you, but hopefully also provide you with some level of hope. Realizing that bankruptcy is a viable option is often the first step on the road towards financial recovery.

 

The Bankruptcy Process Explained

 

After a free consultation regarding your specific situation, I will be able to direct you towards either a form of bankruptcy or some other debt relief alternative. Once we have worked together to come up with the best option for your particular case, you will then need to complete a series of steps.

 

Fill out a means test.

A means test determines which chapter of bankruptcy you can file under (Chapter 7 vs. Chapter 13), based off of your current income, expenses and debts.

 

Complete credit counseling.

This is required by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 and must be operated by a certified credit counselor.

 

Put together all legal paperwork.

This includes pulling all of your income statements, list of assets, debts, liabilities, monthly expenditures and all major financial transactions from the previous two years.

 

Have your Kennesaw, Ga lawyer file a bankruptcy petition.

If you are filing in Kennesaw, this should be submitted to the Georgia Northern Bankruptcy Court. Once this is completed, you can experience relief from creditors as an automatic stay will be put in place, keeping them from your personal property.

 

Attend a meeting with a trustee and your creditors.

You are required to go to this meeting and you will be expected to answer a number of questions from both the trustee and creditors related to your financial situation.

 

Wait for approval from creditors and trustee.

They have 60 days from the date of the meeting to contest your debt dismissal. If they have no issues with the proposed debt removal, then you can expect to be notified by the court. After the 60 day period is through, you can look to see your debts cleared within 3-6 months.

 

While this process sounds fairly straightforward, there are many facets. Failure to fill out a particular form in the correct manner could cause a significant setback in the flow of your case from start to finish. Without a knowledgeable Kennesaw, Ga debt relief lawyer who has been through the bankruptcy process in Georgia thousands of times, you may become quickly frustrated. Speak with me about your case before choosing to do anything on your own. It could end up saving you endless time and money in the long run.

 

Kennesaw, Ga Bankruptcy Lawyer Helping You Move Forward

 

There are multiple benefits when it comes to filing bankruptcy.  For example, filing for bankruptcy could wipe out most if not all of your outstanding debts. This gives you the opportunity to live freer, protect your assets from repossession, and keep your home safe. Creditor harassment will be put to a stop, allowing you to go back to living your normal everyday life. It can also enable you and your family to adequately prepare for the future and save, which you otherwise would not have been able to do if forced to make exorbitant debt payments.

 

Matthew Cherney offers a free, confidential consultation to Kennesaw, Ga residents, please do not hesitate to get in touch with my office. Let me work with you to put an end to hounding creditors, protect your home and move forward towards a fresh financial beginning. You can entrust your case with me, knowing that I will never place you on the back burner or ignore your valuable questions. I fully understand that your future is on the line and I will do everything in power to work towards a more than favorable outcome. Contact my office by calling (770) 648-1483 or fill out my free case evaluation form today!

 

 

CHAPTER 7 VS. CHAPTER 13

 

Kennesaw, Ga Bankruptcy Attorney

 

Declaring bankruptcy may seem intimidating, but it can be a liberating process that allows you to turn back to the life you once lived before debt encroached in on your family. Not only does bankruptcy provide relief from months or years of overwhelming financial stress, it will also put an end to creditor harassment. Once you file, they will legally not be allowed to contact you regarding your debt. There are viable options for individuals and families in all stages of life, so do not assume that you will not qualify.

 

Characteristics of Bankruptcy in Kennesaw, Ga

 

At Cherney Law Firm LLC, I have experience in counsel and representation for both Chapter 7 and Chapter 13 bankruptcy and will assist you in choosing the option that is best for you. The first step in determining which type to choose is completing a means test. This will compare your income against your debts and determine if you are eligible to receive some or all of your debt discharged. It is vital that before you even begin this process that you understand the differences.

 

The basic aspects of Kennesaw, Ga Chapter 7 are as follows:

 

Means test results show an individual's monthly income to be below the state average

A Kennesaw, Ga automatic stay laws stop harassing creditors after filing

Sale of certain property applied toward debts (bankruptcy exemptions excluded)

Remaining balance is discharged

 

The basic aspects of Chapter 13 are as follows:

 

Means test results show an individual's monthly income to be sufficient for a payment plan

A Kennesaw, Ga automatic stay laws stop harassing creditors after filing

A payment plan is set up for the next three to five years

After the term of repayment, any remaining balance is discharged

In order to determine whether or not bankruptcy is right for you, be sure to speak with a qualified Kennesaw, Ga bankruptcy lawyer right away. Get in touch with my firm today for a free consultation so that I can discuss with you all of your choices, including possible alternatives to bankruptcy. Only a bankruptcy attorney can help to ensure that you correctly complete a means test and pursue the most beneficial form of debt relief for your situation.

 

Dealing with debt? What is your next step?

 

To learn how an Kennesaw, Ga legal representative can assist you in filing for bankruptcy, contact a passionate and understanding lawyer at my firm today. Having handled over 2,000 individual bankruptcy cases since 2006, I am well-versed in both Chapter 7 and Chapter 13 cases. Clients can rest easier when placing their case in my hands because I have had success to back up my reputation in the legal community. Call Cherney Law Firm LLC today for a free initial consultation to find out how my firm can help you get back on track financially speaking.

 

Areas of Specialty

 

My law firm can provide you with experienced legal assistance for all of your debt related matters. Whether you need help fighting to get out of debt through consumer bankruptcy or you would like to settle your debt through negotiation, my law firm is ready to help you today. With nearly a decade of legal experience, I can provide assistance in the following areas of the law:

 

Chapter 13 Kennesaw, Ga Bankruptcy

Kennesaw Individuals considering filing for bankruptcy must first complete a means test, which will determine their eligibility for either Chapter 7 or Chapter 13 bankruptcy. In Chapter 13 cases, at least some or all of the individual's debt must be repaid; however, they are placed on a more manageable payment plan. It eases the burden of having insurmountable amounts of money owed without a reasonable plan of attack on how to overcome it. These payments are typically quite affordable and lift the stressful weight on any financial situation.

 

Chapter 7 Kennesaw, Ga Bankruptcy

If you qualify for Chapter 7 bankruptcy after taking the means test most, if not all, of your debts may be entirely ignored. It is reserved for those Kennesaw families and individuals who simply do not make enough money to ever be able to make debt payments. There are certain debts that cannot be discharged under Chapter 7, including student loans, child or spousal support payments, any fines or penalties owed to government agencies, and other debts under American laws.

 

Kennesaw, Ga Debt Negotiation

Bankruptcy is not always a valid or appropriate option for every family experiencing significant debt. As an alternative, many people consider debt negotiation which can results in positive debt settlement. Creditors often are willing to consider creating an affordable payment plan and with the help of a knowledgeable attorney you may be able to get rid of late fees, minimize your interest rate and reduce the balance owed.

 

By Matthew Cherney

 

Bankruptcy Attorney in Kennesaw, Ga

 

Overwhelmed by debt? Get legal help today!

 

Bankruptcy is a financial tool which was designed in order to help individuals and families who have found themselves trapped by debt. There are two main options which people choose when filing for bankruptcy: Chapter 7 and Chapter 13. However, not everyone is able to qualify for these types of bankruptcies and so it could be in your best interests to examine an alternative which may better suit your situation.

 

As an educated attorney with years of experience, I can provide the qualified advice, caring guidance and aggressive representation that you need when pursuing bankruptcy. Such a decision is not easy to make and requires the guidance of a qualified lawyer. If you are considering filing for bankruptcy, make sure you are fully informed.

 

To learn more and better comprehend bankruptcy, read through the various topics we have explained on this website:

 

Alternatives to Kennesaw, Ga Bankruptcy

Bankruptcy isn't for everyone. You might instead benefit from debt negotiation, debt settlement, or by discharging your debt. Always talk to an attorney first so that you make the right decision for your financial situation.

 

Automatic Stay

One of the most powerful aspects of the U.S. Bankruptcy Code is the fact that as soon as you file your petition with the court, you will be protected by an automatic stay against further creditor action. The automatic stay can put an end to wage garnishment, repossessions, evictions and even foreclosure.

 

Benefits of Bankruptcy in Kennesaw, Ga

Contrary to popular belief, bankruptcy has many benefits. It could allow you to wipe out your debts and financial stress while also providing relief from creditor harassment. It can provide you with a certain peace of mind, while helping to solve your debt issues.

 

Bankruptcy Exemptions

Many individuals are allowed to petition certain property exemptions when filing for bankruptcy, allowing them to keep items such as their household items, clothes, heirlooms, jewelry, car and house. This way they are able to continue rebuilding their life after filing and do find themselves completely without.

 

Common Kennesaw, Ga Bankruptcy Questions

Determining whether or not bankruptcy is a correct cull for your financial situation can bring up a plethora of questions. As an experienced Kennesaw, Ga bankruptcy lawyer, I know full well that you want to feel comfortable before diving into a serious commitment like filing for bankruptcy. That is why I have provided a list of common questions as well as relevant answers for each. Contact my office for further inquiries.

 

Creditor Harassment

One of the most stressful aspects of serious debt is the harassing calls made by your creditors. According to Federal law, these calls must stop once you hire a bankruptcy lawyer. If you have been threatened or coerced into paying your debts, get in touch with my office immediately.

 

Differences Between Ch. 7 & Ch. 13

It is important that you understand the differences between Chapter 7 and Chapter 13 so that you can pursue the option that is most beneficial to you. Consult with a bankruptcy attorney to learn more about the pros and cons when filing either type.

 

Discharging Your Debt

If you are financially incapable of repaying part or all of your debt, you may be able to have it discharged. This means that you are released from your debts and no longer have to worry about repayment.

 

Do I Qualify for Bankruptcy?

As more consumers turned to bankruptcy as a way to find much needed debt relief, legislation was enacted to tighten the eligibility requirements. My firm can help you determine if you qualify for bankruptcy.

 

Kennesaw, Ga Foreclosures

Scared of losing your home? A bankruptcy attorney could defend you from foreclosure and help you save your home. Filing for bankruptcy could halt a foreclosure, so consult with my firm today to learn more.

 

Life After Bankruptcy

Filing for bankruptcy is often one of the best decisions a person can make. Such an action could end harassing calls from creditors, eliminate financial stress, and allow debtors to get a fresh start on life.

 

Means Test

In order to determine your eligibility for Chapter 7 or Chapter 13 bankruptcy, you must take the means test. This test calculates your financial state and ability to repay any or all of your debt by comparing your income with your expenditures.

 

Kennesaw, Ga Repossession

Many people worry that filing for bankruptcy may cause them to lose their home, car and valuable possessions. In fact, it may put a stop to having certain items repossessed due to lack of payments. When you file a bankruptcy petition, it puts an automatic stay in place, protecting your goods until the bankruptcy process is over. For further information, do not hesitate to contact my firm.

 

Wage Garnishment in Kennesaw, Ga

When consumers are unable to remain current on their debts, creditors can have their wages garnished so that they receive payment. As wage garnishment can severely compromise your well-being, my firm offers assistance in protecting you against debt collection and in helping you attain financial stability.

 

Retain an Affordable Legal Representative in Kennesaw, Ga

It is not recommended that you attempt to file for bankruptcy without first consulting with a qualified bankruptcy lawyer in Kennesaw. Since 2006, I have represented thousands of clients in all kinds of bankruptcy cases and helped them to find the relief that they need. I also seek to remain affordable and may be able to provide payment options depending on your circumstances. Call Cherney Law Firm LLC today for a free case evaluation to determine what legal steps you should take to find debt relief today!

 

KENNESAW CHAPTER 7 ATTORNEY

 

Many individuals who file for bankruptcy do so under Chapter 13, which allows them to repay some or all of their debt over the period of three to five years before discharging the remainder of their debt. Some people with extreme debts may be incapable of making payments at all and this may be a result of lost income or simply due to the overwhelming nature of their debts. In these situations, filing for Chapter 7 bankruptcy may be the wisest decision.

 

Who can file for Chapter 7 in Kennesaw, Ga?

 

Those Below the Median Income Level

The first step in filing Chapter 7 bankruptcy is to take a means test. Unless it is proven that you cannot afford to repay your debt based on your income and other factors, you cannot file under this chapter. Your income will be measured against the median income of a family living in your state that is comparable in size to your own family. If your average income from the last 6 months is less than or equal to the median income, you are considered eligible for Chapter 7.

 

In cases where your income is too high for Chapter 7, the court will determine how much disposable income you have in order to pay off some or all of your debt in a Chapter 13 plan should you choose to go that route. The court looks at your income and subtracts debt payments, living expenses and any other required payments to see what amount you can feasibly pay off each month.

 

Those Who Have Not Filed Recently

Only those that have not filed a Chapter 7 within the last 8 years or a Chapter 13 in the past 6 years are able to file for a Chapter 7 again. In the same way, you also cannot file again if you attempted to file within the last 180 days, but was dismissed because of three different factors, including:

 

Your case was determined to be fraudulent or abusive towards the bankruptcy process according to a court ruling

Your actions were in direct violation of a court order

The case was dismissed because one of your creditors asked to put an end to the automatic stay agreement

Completing the Rest of the Process

 

Once a means test proves that you are eligible and you come up clean in all of the other areas determining eligibility, you must fill out all necessary forms and petition for property exemptions so that you can keep any necessary items, such as furniture or your car. This process is not simple, and a mistake could cause further harm, so make sure that you retain an educated Georgia bankruptcy attorney with years of experience in Chapter 7 laws and procedures. With such legal assistance, discharging your debt could result in the financial freedom that you've been dreaming of achieving.

 

Kennesaw, Ga Bankruptcy Firm with Extensive Experience

If you are seeking to have your debt discharged through Chapter 7 bankruptcy, consult for free with a Kennesaw, Ga bankruptcy attorney from Cherney Law Firm LLC. Since 2006, I have represented individuals in more than 2,000 bankruptcy cases and helped them find the relief that they needed. To learn how I can help you, fill out the online evaluation form or call my office for a free consultation. I look forward to hearing from you and discussing your legal options with you.

 

GEORGIA CHAPTER 13 ATTORNEY

Some individuals who are experiencing severe debt may be unable to repay even a portion of their debt, either because they have lost their jobs or they simply have too much debt. In this case, they may be able to file for bankruptcy under Chapter 7 of the United States Code (USC). Many others who are in severe debt may still be making a high enough monthly income and be able to make payments as long as they are affordable. These individuals should consult with a bankruptcy lawyer immediately to learn how filing for Chapter 13 bankruptcy could help them find relief from their debts.

 

Filing for Chapter 13 in Kennesaw, Ga

The name of this type of bankruptcy comes from Chapter 13 of USC Title 11, the title which provides the government's laws regarding bankruptcy. Before filing under this chapter, a person must first complete a means test to find out if they are financially capable of repaying any of their debts.

 

If you are eligible for filing under Chapter 13, a structured repayment plan will be set up, allowing you to make affordable payments on your remaining debts over a course of three to five years, after which time your remaining debt is discharged. You will receive detailed paperwork declaring when you must make your payments, how much they should be and which creditors get paid at certain times.

 

This plan will also provide information regarding any property you may have as well as other pertinent aspects of your financial situation. Bankruptcy trustees as well as creditors have the right to make objections to the plan that is laid out during bankruptcy court. Ultimately it is up to the court to determine what the final end result will be for repaying your debts.

 

What debts are eligible for the payment plan?

 

There are various categories of debt that can be repaid through Chapter 13, including secured claims, unsecured priority claims and general unsecured claims. It is vital that you understand what each of these entail before assuming your debts will be eligible for repayment.

 

Secured Claims:

Any debts owed that are connected to some form of collateral are considered a secured claim. This means that if money is not paid to the creditor, they have the right to sell your collateral in order to pay off your outstanding debts. This can include mortgage payments, car payments and any kind of property taxes. Most of the time, the amount owed in the repayment plan includes the full cost of the debt plus any interest involved. In rare cases, you may be able to pay less than what is owed if your situation qualifies as a "cramdown." Please speak with my firm for further information.

 

Unsecured Priority Claims:

In this category, it includes those debts that are not secured by collateral, but have been deemed a higher priority than other general unsecured claims by the Bankruptcy Code. Included in this group is debt from taxes, any alimony or child support that is past due as well as any additional domestic support that may be owed. Typically it is required the individuals pay off these debts in full during a Chapter 13 proceeding.

 

General Unsecured Claims:

These are debts that do not have priority and are not secured by any collateral. This is the portion of debt that relates to consumer goods and expenses. Credit card bills, personal loans, utilities and medical expenses are all considered typical unsecured claims. Fortunately under the provisions provided in a Chapter 13 filing, most people only end having to pay a percentage of their debts back, not the entire sum. Always check with a lawyer before making assumptions about what debts you will have to pay back or not.

 

Putting Forth Your "Best Effort"

 

Once a plan has been put into effect, it is expected that you will put forth your "best effort" to pay everything back and complete the plan. This means that any and all disposable income is put towards repaying your debts according to the standards set forth in your repayment plan. You must complete the Form 22C so that the court can determine the amount you should be paying each month to unsecured creditors based off of your income. Depending on the amount of wages you bring in annually, it could greatly affect your required payment stipulation.

 

 

Stop Wage Garnishment

Garnishment is a court order that forces your employer to withhold a portion of your paycheck — up to 25% of your after-tax pay, and deliver that money to a creditor. You lose the ability to decide how to spend your pay, and your employer learns way too much about your financial hardship. Bankruptcy takes that garnishment off your check, saving you from the inconvenience and embarrassment.

 

Qualified Legal Assistance in Kennesaw. Ga

 

The most important decision you can make when it comes to filing for bankruptcy is to hire a skilled Kennesaw, Ga bankruptcy lawyer to counsel and guide you through the process. There are many benefits to filing bankruptcy that you may miss out on without an attorney at your side, ensuring that you take all necessary steps and precautions. Get in touch with my firm today to learn how I can provide you with the representation you need. I have represented over 2,000 clients since 2006 and can help you achieve the financial freedom that you're hoping for. Contact Cherney Law Firm LLC today, either by filling out a free case evaluation or by calling my office for a free consultation.

 

If your debts are getting out of control and bankruptcy is not your best option, we can represent you with your creditors to achieve a debt settlement or debt consolidation. We will stand by your side and help you face these companies and people. Whether you choose bankruptcy or some form of debt negotiation, we urge you to take action now rather than live another day with the worries and stress of owing large amounts of money.

 

When you work with our firm, we take a sincere interest in your well-being and measure our success with yours. We can help you find your way through the legal process and get you back on your feet. If you are unsure of how to restore your credit after filing, our legal team can walk you through the best way to get back to a place of financial stability. If you are still unsure if bankruptcy is right for you, talk to our qualified lawyers to explore other alternatives.

 

Chapter 7 bankruptcy, sometimes called a straight bankruptcy, is a liquidation proceeding. The debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors. The debtor receives a discharge of all dischargeable debts usually within four months. Our Chapter 7 Discharge Rate is over 99% . In the vast majority of cases the debtor has no assets that he would lose so Chapter 7 will give that person a relatively quick "fresh start". One of the main purposes of Bankruptcy Law is to give a person, who is hopelessly burdened with debt, a fresh start by wiping out his or her debts. By law all actions against a debtor must cease once the documents are filed. This includes lawsuits, wage garnishment, telephone collections, utility disconnects. Typical debts which are discharged include credit cards, medical bills, utilities, unsecured judgments, repossession's, personal loans, payday loans. Typical debts which are not discharged include, child support, student loans, tickets and most taxes. Debtor's must continue making payments on secured debts they are keeping such as house and car.

 

Chapter 7 bankruptcy is the fastest and easiest way for you and your family to completely eliminate crippling debt. It is ideal for those with unsecured or non-mortgage debt, like credit card debt or medical expenses. But the prospect of filing can be intimidating, which is why Cherney Law Firm offers you a free, one-on-one debt analysis with one of our experienced bankruptcy lawyers in Kennesaw, Ga.

 

Many individuals in the Atlanta Metro Area are facing serious problems regarding the ownership of a home purchased during the sub-prime mortgage boom. No one really understood how terrible the result of this type of mortgage could be. Sadly, many families in the area have already lost their homes as they did not take immediate action and contact a lawyer to assist them in resolving the issue. Two of the types of solutions include a short sale or a deed in lieu. These two actions are often a possibility when dealing with a personal mortgage disaster. With the advice of a Kennesaw bankruptcy attorney from Cherney Law Firm, you can determine the best solution for your personal financial crunch.

 

WHY YOU NEED AN KENNESAW BANKRUPTCY LAWYER

 

The sooner you retain a bankruptcy attorney, the sooner the harassing calls will stop. Attorney Matthew Cherney. has helped thousands of individuals find the relief they need and guided them step by step through the bankruptcy process. Call today to set up a one-on-one appointment with a knowledgeable bankruptcy attorney in Kennesaw, GA. We would love to review your situation with you and help you take the first step toward financial freedom.

 

Cherney Law Firm shares more than 15 years of collective experience and employs lawyers who focus solely on bankruptcy law. Get the advice and representation you need by calling our offices or by taking advantage of our free online case evaluation. Our firm would love nothing more than to help you get a fresh start through bankruptcy or any alternatives, such as obtaining a loan modification or a short sale. Contact Cherney Law today to discuss your options and learn what you can do to resolve your debts.

 

These days it is easy to accumulate too many debts and run into financial trouble. Financial problems can occur due to a divorce, unanticipated health crisis, the use of high interest credit cards or the loss of a job. If you are in financial trouble, getting out of debt should be a top priority.

 

COMMON KENNESAW, GA BANKRUPTCY QUESTIONS

 

Serious debt can result in a lot of stress and emotional hardship and anyone considering bankruptcy is likely to have questions that need answering. At Cherney Law Firm LLC I understand the hardships that you are experiencing and the difficulty of the decisions before you. As a skilled attorney, I have the knowledge and the resources to provide the answers you need. Read below for answers to some of the most common questions asked about bankruptcy:

 

Will I lose everything if I file for bankruptcy?

Not necessarily. It is a prevalent myth that filing for bankruptcy will result in you losing your home, your car, and/or all of your assets. Depending on your situation, you may qualify for bankruptcy exemptions that allow you to keep certain things, such as your home or your car. If you file a Chapter 13, your possessions will be safe and cannot be touched, but in a Chapter 7 there is a possibility that you may lose some things. It is also important to keep in mind that, although you may have to make sacrifices, there are many benefits of bankruptcy that make up for it in the end. Without the stress of your overwhelming debt, you could find peace of mind again, so consult with an attorney if you think that filing could be beneficial for you.

 

What is the difference between Chapter 7 and Chapter 13?

The basic difference between these two forms of bankruptcy is that one results in the dismissal of most or all of your debt, while the other involves a repayment plan. Chapter 7 bankruptcy is available for those who, after taking the means test, are found to be unable to repay their debt in full. As a result, a significant portion of debt, if not all, will be discharged with a few exceptions. Student loans, child support payments, alimony, fines owed to the government for criminal offenses, money that must be paid in a personal injury case and a few other areas constitute as exceptions that must still be paid by the debtor. Filing for Chapter 13 allows for a repayment plan to be created based on the means test results. This allows the individual to repay their debts over the course of three to five years. While still being held accountable for money owed, it makes the prospect of paying them off much more accessible. Relieving a good portion of stress, it allows for you as the debtor to make manageable payments for a few years, after which the rest of your debt will be dismissed.

 

Am I eligible for bankruptcy?

Any individual, business, partnership or corporation may file for bankruptcy. Determining what type they may pursue is dependent upon the results of a means test. In order to be deemed eligible for Chapter 7 or Chapter 13 bankruptcy, you must first complete the means test. It weighs your income versus your expenditures and determines your ability or inability to repay your debts, either in part or in full. If you cannot repay your debts at all due to financial hardship, you may be eligible for Chapter 7. If you are able to repay your debts over several years, you may be qualified for Chapter 13. Consult with a bankruptcy attorney for advice and guidance in taking the means test.

 

What are Kennesaw, Ga bankruptcy exemptions?

When you file for bankruptcy, you may be able to request certain property exemptions. The purpose of bankruptcy is to allow you to eliminate your debts and start over; but in order to do so you may fear that you will lose your home or other valuable possessions. The Bankruptcy Code allows for certain exceptions depending on the type of bankruptcy you file. In Georgia there certain rules that allow for you to keep fine jewelry, heirlooms, tools you use for your business, money received from personal injury or wrongful death settlements, burial plots, household furnishings, pets, and other items up to a certain amount. Keeping your car and home may be a bit trickier, but if they fall under a certain dollar amount you do not have to worry. You may not always be able to keep what you want, but an experienced bankruptcy lawyer could counsel you and help you find out what items you could keep. Call my firm today to learn more about bankruptcy exemption laws in Georgia.

 

Are there alternatives to bankruptcy?

There are viable options when it comes to seeking alternatives to bankruptcy. It is always best to consult with an attorney first who can look at your financial situation and make a proper judgment call. Alternatives include such things as debt negotiation, which allows you to negotiate a repayment plan with your lender. There is also debt settlement, which allows you to have your debts dismissed by paying a lump sum that is less than you owe and clearing your name with your creditors. Another option is also to discharge your debt, which releases you from having to repay certain debts at all. Talk with a qualified lawyer who understands Georgia's laws and practices regarding debt relief before you jump into anything permanent.

 

How can a Kennesaw bankruptcy attorney help me?

The bankruptcy process is detailed, arduous and very confounding unless you have a trained and experienced licit representative on your side. By hiring a lawyer, you can have confidence that you are making the right decisions and taking the right legal actions. Otherwise, you might make a mistake and damage your finances and your future if you are not careful. Call Cherney Law Firm LLC today for the guidance you need to properly navigate the area of bankruptcy law.

 

Will all my debt be discharged?

Filing for bankruptcy in Kennesaw, Ga will either liquidate (Chapter 7) or reorganize (Chapter 13) your debt. This means that under Chapter 7, your debts will be discharged, while under Chapter 13, you will have a repayment plan to hopefully enable you to pay off your debts either partially or in full. Some debt cannot be discharged; however, as you must still pay back child support, alimony, and sometimes some tax debt. Student loans cannot be discharged either, unless you can pull off the feat of proving that repaying these loans would be an undue burden. What bankruptcy does do is place an "automatic stay" on your creditors that may give you the relief and time you need to get on your feet. Learn more by speaking with our Kennesaw, Ga bankruptcy lawyer today.

 

What is an "automatic stay"?

An automatic stay can stop a lawsuit in its tracks and keep creditors from collecting, for the time being. This action can avert utility disconnections, foreclosure, eviction, collection of over payments from public benefits, and wage garnishments. What it does NOT do is stop audits, some taxes, support actions, criminal proceedings, or pension loans. An automatic stay might still be enough to keep you afloat and to get everything in order.

 

How will bankruptcy affect my credit?

If you file for Chapter 7 in  Kennesaw, Ga, then this will appear on your credit report for ten years. Chapter 13 will stay on your record for seven years. This can hurt your credit in the short-term, but it does not kill your credit. In fact, you can immediately start to build credit after a bankruptcy. After filing, you can build your credit by meeting all your subsequent payments, such as your rent/mortgage and utilities. Depending on the creditor, you may even be able to keep credit cards or obtain new ones, and you can make small purchases as long as you repay them on time. Bankruptcy can give you the chance to move on from bad credit and start strengthening your credit score, starting over with a clean slate.

 

How long will bankruptcy take in Kennesaw, Ga?

Chapter 7 bankruptcy will probably take three to six months. Once the unsecured debt has been discharged, you can move on. Chapter 13 bankruptcy takes three to five years, and this is because you still have to repay the debts. Your payment plan is reorganized into something you can manage, buying you the time you need.

 

Will I still be able to keep my home?

Depending on the type of bankruptcy that is filed, you will be able to retain the majority if not all of your assets, such as your home, your vehicles and other personal property. A knowledgeable Kennesaw, Ga bankruptcy attorney, at Cherney Law Firm can help you to understand Chapter 7 vs. Chapter 13 bankruptcies and help to determine what type will work best for your individual situation.

 

Dedicated to Helping You

At my Kennesaw, Ga firm, you can receive the caring service and capable representation of a Kennesaw, Ga bankruptcy lawyer that truly cares about your situation. I take the time to guide and support each of my clients and provide them with quality advice throughout their bankruptcy process. From your free initial consultation to the completion of your case, you can rest assured that I will be by your side. Fill out the free online case evaluation or call my firm today so that I can review your situation and provide you with comprehensive options. Do not let yourself be trapped by debt, but contact my office today!

 

Can filing for bankruptcy save my home?

Each case is individual, but there are many possible options when you are facing foreclosure on your home. Many individuals in the State of Georgia got caught in the sub-prime mortgage crash and now face mortgage payments that are impossible to handle. When this is the case, a bankruptcy filing gives you the time and opportunity to handle the back payments as there will be a halt to collection actions for several months as the filing makes its way through the process of bankruptcy. During this time, you can seek a loan modification or other solution to the problem of your mortgage. It is critical that you get legal representation from a Kennesaw bankruptcy attorney to answer your questions with regard to this very important issue. Our firm will assist you in determining how to best move forward in resolving serious debt and mortgage problems.

 

Don't Let Bankruptcy Myths Stop You From Getting Financial Relief

 

Being weighed down by crushing debt, with no relief in sight, is a frightening and humbling experience. It can be difficult to discuss personal financial issues, and the stigma surrounding financial success or failure could be a barrier to seeking relief in the form of bankruptcy, or one of the alternatives that could solve your problems. The myths surrounding filing for bankruptcy also pose a problem for people in financial trouble. It is vital that you are getting your information from a source you can trust.

 

Some of the most common bankruptcy myths include the false idea that you will lose everything you own if you file for bankruptcy. Some believe that family, friends and an employer you know will be aware of the fact that you filed for bankruptcy. Many think that your spouse will automatically be required to file as well. None of these myths are true. There are specific exemptions allowed when filing for bankruptcy, and your bankruptcy lawyer will be able to advise you as to which of your assets and property is exempt. A large majority of people lose absolutely nothing when filing for bankruptcy – except debt.

 

 

 

 

 

 

 

 

 

 

Kennesaw, GA Bankruptcy Attorney

Transcripts:  Is your vehicle in danger of being repossessed, or has been repossessed? If so, Cherneylaw can help you. Over the years, I've helped thousands of clients deal with vehicle repossession.

Oftentimes, it's unexpected expenses that cause people to fall behind on their vehicle payments. The real problem isn't making the payments going forward. Rather, it's getting the money together necessary to catch the payments up. Before you know it, you may be in danger of losing your vehicle. And we all know that, especially here in Georgia, your vehicle is absolutely essential.

Many people don't know that Chapter 13 bankruptcy can prevent a creditor from repossessing your vehicle if you've fallen behind on your payments. A chapter 13 allows you to propose a plan to pay back the amount owed on your vehicle over a period of three to five years. You may be able to pay back less than what you actually owe on the vehicle, depending on when your vehicle was purchased.

Not only can a Chapter 13 prevent a vehicle creditor from repossessing your vehicle if you have fallen behind on payments, but it may also allow you to get your vehicle back if it has already been repossessed. If this is the case, you need to act immediately.

If you've fallen behind on your vehicle payments, or your vehicle has already been repossessed, please contact my office. I offer a free consultation and am happy to speak with you about your vehicle repossession options.

A Kennesaw, Ga Bankruptcy Attorney You can Trust

 

The Cherney Law Firm provides the highest quality legal representation in all areas of debt relief throughout Kennesaw, Ga and the surrounding communities. Our firm aims to provide personal attention and counseling for all clients with concerns regarding bankruptcy. We have the knowledge and experience to provide the right legal advice and counseling from your initial consultation through the completion of your case.

 

Call Cherney Law Firm Kennesaw, Ga at (770) 485-4290 today to schedule a free initial consultation.

 

Cherney Law Firm has represented more than 2,000 clients, helping them improve their quality of life and reduce their financial burden. If you are looking for a bankruptcy lawyer that can guide you through the process of debt relief, our firm is ready to help you every step of the way. Feel free to call us at (770) 485-4290 today. Cherney Law Firm: Save your home and keep your car. Stop wage garnishment. Helping you get back on your feet.

 

Professional Associations, Awards and Certifications

• State Bar of Georgia

• Illinois State Bar Association

Specialties

• In Practice Since 2006

• Personal Attention and Counseling

• Works with Clients Throughout the Entire Legal Process

• Represented More than 2,000 Clients

• Previous Experience at Large-Volume and Mid-Volume Consumer Bankruptcy Firms

 

Our Commitment

Our firm is dedicated to providing personal attention and counseling for all clients, from their initial consultation through the completion of their case.

 

Areas of Practice

 

  • Bankruptcy
  • Chapter 7
  • Chapter 11
  • Chapter 13
  • Debt Negotiation
  • Debt Settlement
  • Vehicle Repossession
  • Home Foreclosure
  • Wage Garnishment

 

 

Attorney Matthew Cherney, founder of Cherney Law Firm, obtained his Bachelor's Degree in 2000 from Carthage College in Kenosha, Wisconsin before going on to receive his Juris Doctorate from The Thomas M. Cooley Law School in Lansing, Michigan in 2004. Mr. Cherney now aims to provide personal attention and counseling for all his Kennesaw, GA clients, working with them from their initial consultation all the way through the completion of their case. Having represented more than 2,000 clients since he began practicing law, Matthew has helped to improve the quality of life for many individuals and to decrease their financial stress.

 

At Cherney Law Firm, clients can expect to receive the highest quality legal representation alongside thoughtful counseling and attention to detail. Mr. Cherney dedicates his time to thoroughly investigating every possible avenue of debt relief for his clients before simply stepping into bankruptcy. He keeps his clients in the loop with every step taken, seeking to make each consumer that comes to him for legal aid as comfortable as possible.

 

 

Transcripts:  A question I receive at least once a day is, "Should I file Chapter 13 or should I file Chapter 7?"

My reply to that question doesn't begin with, "how much debt do you have?" It's " What TYPE of debt do you have?"

Her is why this question is critical: There are certain debts that cannot be discharged or eliminated in a Chapter 7. The types of debt that cannot typically be discharged in Chapter 7 are child support, alimony, student loans and certain income tax debt.

Also, if you have a home mortgage or vehicle payment that you are behind on, and your goal is to keep your home or car, Chapter 7 isn't going to help.

So, if you have debts that are not dischargeable in Chapter 7, or you would like to protect your home or car, you may want to consider reorganizing your debts in a Chapter 13.

A Chapter 13 allows you to pay back an otherwise non-dischargeable debt, all while protecting yourself from a creditor that might be trying to collect that debt from you.

When it comes to protecting your home or car, Chapter 13 allows you to pay back the amount you are behind, sometimes at a reduced amount, all while protecting your home from being foreclosed and your vehicle from being repossessed.

Cherneylaw.com offers a free consultation and are happy to speak with you about whether Chapter 7 or Chapter 13 may be right for you based on your particular circumstances.

 

 

My name is Matthew Cherney. Attorney and owner of Cherney Law firm Georgia. I'm an attorney dealing strictly in bankruptcy in consumer debt related matters. A common question I receive is about wage garnishment. What is wage garnishment?

Wage garnishment here in Georgia is one of the most effective ways that a creditor can collect a judgment against you. If you have a judgment against you a creditor serves your employer with the

notice a garnishment and your employer at that point is obligated to withhold wages from your

paycheck. Depending upon your income it could be up to 25 percent

of your take-home pay then. Then the next common question is will how do I stop the garnishment? Bankruptcy is an option

bankruptcy can work

Bankruptcy can stop a garnishment bankruptcy can stop a garnishment immediately.

If you retain my services to file bankruptcy I will send notice not only

over to the garnishing creditor but also to your employer. Immediately upon receiving notice it is the creditors obligation to stop the garnishment and to take steps necessary to stop the

garnishment. If the creditor fails to do so they may be in violation of a court order

which may entitle you to damages. One thing I want people to know is that if you are being garnished

if you're finding it difficult to meet your monthly obligations.  Bankruptcy does work bankruptcy is effective. You can visit my website at www.cherneylaw.com It has much more information

regarding garnishments regarding the bankruptcy process and how it might be right for you

 

Every year at tax time, I receive the same question, " Will my income tax refund be affected by filing bankruptcy?"

The answer to this question is going to depend on four main things:

1) The amount of your income tax refund.

2) When you received your refund.

3) The extent of the value of your other property.

4) The chapter of bankruptcy you're filing.

Let's examining income tax refunds in a Chapter 13 bankruptcy.

If you receive your refund prior to filing chapter 13 and you've spent that refund, a bankruptcy trustee will most certainly inquire as to how those monies were spent.

Depending on how those monies were spent, you may be required to pay that money back to your creditors in your chapter 13 plan.

If you have not spent the refund, and it is in the form of cash, or in your bank account, it will be treated as an asset and subject to your state's exemption laws. This is when the value of your other property becomes critical because you are only able to exempt property up to a certain amount. To the extent that your property cannot be exempted, you may be required to pay that money back to your creditors in your chapter 13 plan.

If you receive an income tax refund while you are in chapter 13, nearly all chapter 13 plans require that at least a portion of that refund be paid into your chapter 13 plan.

Let's next examine income tax refunds in a Chapter 7 bankruptcy, keeping in mind some of the same rules.

If you receive your refund prior to filing chapter 7 and you've spent that refund, a bankruptcy trustee will inquire as to how those monies were spent, specifically if the monies were used to pay back any friends or family members.

If you have not spent the refund, and it is in the form of cash, or in your bank account, it will be treated as an asset and subject to your state's exemption laws. Similar to a chapter 13, to the extent that your property cannot be exempt, you may be required to pay that money into the bankruptcy estate for distribution to your creditors.