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I am a truck driver and was injured in an accident in Atlanta. What are my legal options?

Atlanta is a major city and commerce hub, and every day thousands of truckers pass through on Atlanta’s freeways, highways, and city streets. Unfortunately, Atlanta has a reputation of having roads which can be dangerous for truck drivers. Drivers spend long days and weeks on the roads, which can increase the potential that they will experience fatigue and distractions. Tight deadlines when combined with fatigue leads to an increased risk of catastrophic accidents for truck drivers. Many truck accidents have catastrophic results. The injured trucker may be unable to work for a significant amount of time. Some of the common...

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Do I have to have a job to be able to file for bankruptcy in Atlanta?

When someone goes a long period of time without a job, bankruptcy can be the inevitable result. For most people, it’s hard to stay current on bills without any money coming in. Once debt starts to pile up, it can be hard to get out of it, which can lead to a bankruptcy. Under federal bankruptcy law, there is no requirement that a debtor must be employed. However, being unemployed can affect the success of your bankruptcy filing in some cases. Individuals typically file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. In a Chapter 7 bankruptcy, the unsecured...

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I was hit by a tractor trailer because it could not stop in time. Can I sue the trucking company or the driver?

Because of their massive size and weight, as well as the speeds at which they travel, tractor trailers or semi-trucks are difficult to bring to a complete stop, especially when needing to do so quickly. One of the most common causes of commercial trucking accidents is a failure to account for additional stopping distance. If a driver fails to take the necessary precautions to avoid an accident, the driver and his or her employer may be held liable for any damages that occur as a result. It takes a large truck almost twice as much time and distance to come...

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