AG Knowles - Bankruptcy Attorney In Macon, Georgia

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Debt Relief Agency

This is a debt relief agency (DRA). We help people file for relief under the Bankruptcy Code.

Consumer Bankruptcy

My bankruptcy practice covers debtor representation in chapters 7 and 13 (Wage Earner). Either kind of bankruptcy will stop a foreclosure, repossession or garnishment.

If a vehicle has been repossessed in the last few days you should be able to get it back.

Chapter 13

Chapter 13 Plans are designed to pay your debts at a rate you can afford. I will analyze your debts, assets, income and expenses to propose a payment that you will make to a Trustee, who will then pay your creditors. You do not necessarily have to pay 100% of your debts, and you can normally reduce the interest rate on secured loans.

Mortgage Arrears: Chapter 13 is particularly helpful if you are behind on your house note. You can propose a Plan to get caught up by making small monthly payments on the arrears.

The court costs for a Chapter 13 are $194, but you can usually get it started for $40 down. Attorney’s fees are usually included in the monthly payment you make to the Trustee.

Chapter 7

Chapter 7 or “straight” bankruptcy allows you to get a “fresh start.” It eliminates, or discharges, unsecured debts, such as credit cards and medical bills. If you have secured debts, such as mortgages or car notes, the creditor will usually allow you to keep the property if you agree to keep paying, or reaffirm, the debts. Chapter 7 - “straight” bankruptcy

Certain debts such as child support, taxes less than 3 years old, and student loans are generally not dischargeable.

You should not file a chapter 7, if you have significant equity in property, or if you can afford to pay a percentage of the debt back in a chapter 13. You must list all your income and assets, and all your creditors.

The court costs for a chapter 7 are $209. Attorney’s fees are determined at the consultation, but you can call my office for more information.

Useful Links

New Bankruptcy Laws

The new Bankruptcy law goes into effect on 10.17.05. Click here to see some of the changes.

Bankruptcy FAQ

How long does a bankruptcy case last?
A chapter 7 is normally over in 3 months, but a chapter 13 must run at least 3 years, and can run as long as 5 years.

How long does it take to get a case started?
A bankruptcy case can usually be filed the same day you meet with me, and it takes effect immediately.

Do I have to go to Court?
In either kind of case you will be required to attend a Creditor’s Meeting. This is presided over by a Trustee, and some of your creditors may be there. You must bring a photo ID and proof of your social security number.

Are there any requirements I have to satisfy before I can file?
Under the new law, you will may have to undergo credit counseling before you can file. Contact my office for more information.

What documents do I need to file
You must have your most recent tax return, and paystubs for the last six months. You also need your auto insurance card, and a county tax statement if you have a house. You also need all your bills. You can get a free credit report at this page: www.annualcreditreport.com

What if I need to file a chapter 7 but I cannot afford any fees?
If you are in dire circumstances you can contact Georgia Legal Services(www.glsp.org) at (478) 751-6261.

Once a case is over can creditors try to collect their accounts?
No, if you complete a case you are granted a Discharge of your debts, this is a Court Order that prohibits creditors from collecting the debts.

If I have already filed a case how long do I have to wait to do it again?
You have to wait 6 years to file another chapter 7, and 2 to 4 years from the date of discharge to file another chapter 13, depending on what the previous case was.

I’m upside down on my car note, if I file a chapter 13 do I have the pay the entire balance?
Usually not, you may only have to pay for what the vehicle is worth plus interest. Please take a look at NADA for vehicle values.