I am considering filing a Chapter 7 bankruptcy, but I’m worried about my car. Will it get repossessed if I file?

For most people filing for a Chapter 7 bankruptcy, one of their biggest worries is their vehicle. If a person loses a vehicle in a bankruptcy, he or she loses a way to get to work and will then have even more financial difficulties. If you are in Chapter 7 bankruptcy, your car lender cannot repossess your car or otherwise try to collect the debt without getting permission from the court. The reason is the automatic stay – when a Chapter 7 bankruptcy is filed, an automatic stay is created. An automatic stay makes it illegal for most creditors to...

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What is the difference between debt resolution and bankruptcy?

Debt resolution is settling a debt with a creditor for less than is owed on the debt. Bankruptcy means filing papers in court stating that you are bankrupt, and asking the court to either discharge your debts or to reorganize the debts into more manageable payments. Debt resolution is a good option for some people. Normally, you will have to have a sufficient monthly income, or you may be asked to make a lump sum payment to settle the account. That may mean that you have to stop all payments on accounts and save money until you have enough to...

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If I need to file for bankruptcy, am I free to choose between a Chapter 7 and a Chapter 13 or am I forced to choose one or the other?

Many people who are considering filing for bankruptcy are unsure which type to file, especially if they do not have a bankruptcy attorney to assist with the case. Most individuals file either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. There are requirements that must be satisfied for each type of bankruptcy, and if an individual meets those requirements, he or she can choose which type of bankruptcy makes the most sense for the situation. A Chapter 7 bankruptcy is a discharge of debts. Chapter 7 bankruptcies are now limited to individuals with less than a certain amount of...

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What are my legal options if I have been injured in a car accident with an elderly person in Atlanta?

The baby boomer population is quickly aging, bringing the number of senior citizen drivers over the age of 65 to an all-time high. It’s estimated that every day, 10,000 more people will turn 65. Elderly drivers are at a high risk of automobile accidents, with over 15 fatalities daily and 500 injury accidents daily. Although senior citizens do have the benefit of a great deal of driving experience in most cases, aging can take a toll on the body and can affect driving. One huge contributor to automobile accidents among elderly drivers is a decline in vision. According to a...

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I own a small business and am considering bankruptcy. What are my best options?

It depends on how your small business is structured. Normally, small business owners have three options for bankruptcy: a Chapter 7, a Chapter 11, and a Chapter 13. Each of those has benefits and drawbacks. Which option is right for you depends on your particular situation. A Chapter 7 bankruptcy is an option for debtors that are not going to be able to restructure their debts and continue in business. Under federal bankruptcy laws, partnerships, limited liability companies, and corporations can all file bankruptcy under Chapter 7. Also, people who own and operate small businesses as sole proprietorships also may...

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I was in an accident in Atlanta with a driver who was using a cell phone. What are my legal options?

Experts say that there are now more cell phones in the United States than people. Many cell phone users are attached to their phones at all times, and often driving a vehicle does not prevent them from using their cells. Using a cell phone while driving can in some cases be more dangerous than driving under the influence of alcohol. Almost a quarter of all car accidents are attributed to cell phone usage, or over 1.5 million accidents a year. The CDC estimates that nine people per day are killed in an automobile accident due to a distracted driver, and...

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Will filing for bankruptcy help me avoid foreclosure?

It depends on your situation and what type of bankruptcy you choose to file. Filing for bankruptcy could only delay your foreclosure, or it could help you to save your home. If you have already received the paperwork about foreclosure, or if you are afraid you will soon, it means you are behind on your mortgage payments and the lender wants to begin the process of taking your home back in order to sell it. This can be a very slow process. The homeowner must normally miss several payments, and then the homeowner must receive notification. There are many legal...

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What should I do if my child was injured in a car accident in Atlanta?

Unfortunately, if your child was injured in a car accident you are in good company. Motor vehicle crashes are the leading cause of death for children between the ages of three and 14. Although seat belts and properly selected and installed car seats can go a great deal towards minimizing injuries, even the most diligent of safety precautions do not always provide complete protection for children. In many cases when a child is injured in an accident, however, the child is not properly restrained. It’s critical that as a parent, you use the proper car seat for your child’s age...

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If I file for Chapter 7 bankruptcy, is anyone likely to object?

The point of filing a Chapter 7 bankruptcy is to wipe out your debts. In most Chapter 7 bankruptcy cases, debts are discharged at the end of the bankruptcy. In some cases, creditors or the bankruptcy trustee can challenge whether a particular debt can be discharged, or even whether all of your debts can be discharged in bankruptcy. These are called objections to discharge. Normally after a Chapter 7, you are not required to pay back the discharged debts once the case is over. Not all debts can be discharged in bankruptcy – some common examples of non-dischargeable debts include...

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Holston & Huntley, LLC, Attorneys & Lawyers Bankruptcy, Atlanta, GA