32 Years of Helping Honest Debtors Start Fresh
At Daniels & Taylor, P.C., we understand that it is humbling to raise the white flag and admit that you cannot dig yourself out of debt. However, most people who take the big step of filing bankruptcy experience great relief once the phone stops ringing, the creditor actions stop and their financial picture gets brighter.
We are not here to judge, only to help you through this difficult time. Once you know what to expect in the bankruptcy process, it won't be so intimidating. The information below is an overview of bankruptcy. We invite you to arrange a free consultation to discuss your specific debt situation and whether bankruptcy is right for you. With offices in Alpharetta and Lawrenceville, we serve debtors in metro Atlanta and northeast Georgia.
THE BANKRUPTCY PROCESS
- Exploring your options — Founding attorney Jerry Daniels has 32 years of experience helping people get through tough times, including debt relief through bankruptcy. In a free office consultation, he will examine your finances and determine if you qualify for Chapter 7 discharge of debts or if you need to file for Chapter 13 relief from creditors. We can give a reliable opinion of which debts can be discharged and which assets you can keep.
- Hiring an attorney — Bankruptcy law is too complex to handle on your own. Our attorneys have focused experience in consumer and business bankruptcies. We can start a Chapter 13 for as little as $75 down, and make arrangements for the rest of the court filing fee. Our attorney's fees are paid over time as part of your repayment plan. We can handle Chapter 7 bankruptcy for the filing fee of $300 plus reasonable attorney fees. We offer flexible payment plans so that you can file your petition as soon as possible without coming up with the entire fee at once.
- Credit counseling — Before we can file your petition, you must take a credit counseling course on bankruptcy and other debt relief options. We can steer you to approved providers. The courses take only a few hours and can often be taken online.
- Filing the petition — Within a week or two of your consultation, we will file your petition electronically. As soon as your petition is received by the U.S. Bankruptcy Court, you are protected by the automatic stay of bankruptcy. This means that all actions by creditors and third-party collection agents must halt: phone calls and letters, as well as garnishments, repossession or foreclosure.
- Reaffirmation agreements — When you file for bankruptcy, you will have to decide whether to keep or surrender assets such as your house and your car. You might choose to continue making payments under a formal reaffirmation agreement. Once you file a reaffirmation with the bankruptcy court, you have 60 days to change your mind.
- Meeting of creditors — About a month or so after you file for bankruptcy, you must appear in court in a 341 Meeting of Creditors. In a consumer bankruptcy, it is very rare that any actual creditors will show up. However, you will have to answer to the bankruptcy judge. He or she will ask for some verifying information and a few probing questions about your finances and your bankruptcy petition. Our lawyer will prepare you and accompany you to the hearing.
- Chapter 13 payments — You must make the first payment to the trustee 30 days after filing your Chapter 13 plan with the court, even if you have not had your 341 meeting. You will receive a confirmation of your plan or be summoned to court again if the trustee believes the plan needs to be revised.
- Debtor education — Before your debts can be discharged or your plan can be affirmed, you must take a debtor education course on budgeting, credit and debt management. This is intended to keep you from falling back into debt. We can help you find an approved provider. The courses can be completed online, by phone or in person.
- Discharge of debts — In a Chapter 7 bankruptcy, you will be notified of your official discharge about four months after filing. In a Chapter 13 plan, you will make monthly payments for three to five years. At the end of your plan, any remaining unsecured debts are discharged.
- Beyond bankruptcy — Many people are worried about life after bankruptcy, namely the impact on credit rating and the ability to borrow. Initially, you will be unable to get credit or lenders will charge exorbitant interest rates. However, you can rebuild good credit fairly quickly. Many people qualify for credit cards within the first year, then car loans and even new mortgage loans within two to three years.
Fulton County and Gwinnett County Chapter 7 Lawyers
We are always here to answer your questions and make the bankruptcy process as smooth and stress free as possible. Call Daniels & Taylor, P.C. at 678-436-3639 or toll free at 866-464-2980 or contact us online to arrange a free consultation with experienced Fulton County bankruptcy lawyers.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
