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.
We offer No Money Down. Contact Michael H. Turner P.C. online or call (229) 354-4490 now to schedule a free initial meeting with a Chapter 7 attorney in Tifton. We are ready to answer all of your questions!
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!
Want to learn more? Speak with a Chapter 7 attorney in Tifton at Michael H. Turner P.C.. Call (229) 354-4490 to schedule an appointment.
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:
- Complete a credit counseling course before filing. This may be done online or via phone.
- 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.
- 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.
- 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.
- 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.
- 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.
For experienced support during the bankruptcy process, contact Michael H. Turner P.C. online or call (229) 354-4490.
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.