If I choose to file for bankruptcy, can I keep some of my accounts open?

If you are in over your head with debts and are having trouble keeping up with your payments, you may choose to file for bankruptcy. Bankruptcy can offer a chance for consumers to get a fresh start. A Chapter 7 bankruptcy erases most unsecured debts, such as credit card debt and medical debt. A Chapter 13 bankruptcy is a reorganization and allows the consumer to reorganize their debts into manageable payments. Many consumers who file for bankruptcy want to get rid of all of as many of their debts as possible, but may also want to retain one credit card....

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Can my car be repossessed if I file a Chapter 7 bankruptcy?

It’s not uncommon for consumers to get in over their heads with debt and consider filing a Chapter 7 bankruptcy. Chapter 7 bankruptcy is a discharge in which the debtor’s debts are completely discharged. A debtor must meet certain requirements to be eligible to file a Chapter 7 bankruptcy. Some consumers may fear that if they file a Chapter 7 bankruptcy, the car loan lender may repossess his or her vehicle. Normally, during a Chapter 7 bankruptcy, the car loan lender is prohibited from repossessing your vehicle or trying to collect the debt owed on the vehicle. That is called...

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I was riding a motorcycle and was struck from behind. Can I sue the driver?

I’m sorry to hear about your accident. If you are a motorcycle rider and you have been struck from behind while riding, you may wish to talk to one of the motorcycle accident attorneys at Holston & Huntley. A qualified Georgia motorcycle accident attorney can help you assess the merits of your case and help you determine the best course of action. It’s critical that you speak with someone as soon as possible, because the longer you wait, the more likely it is that you risk missing out on filing your claim due to an expiration of the statute of...

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I am in over my head with tax debts to the IRS. Will a bankruptcy stop them from collecting or wipe the debts out?

Unfortunately for you, many tax debts cannot be discharged in bankruptcy. However, filing for bankruptcy can at least temporarily halt the IRS from attempting to collect the debt from you. Whether you are filing a Chapter 7 or a Chapter 13 also has an impact on how your tax debt is treated.  When you file for bankruptcy, whether it’s a Chapter 7 or a Chapter 13, an automatic stay is created. The automatic stay prevents most creditors, including the Internal Revenue Service, from continuing or starting any debt collection activities against you. If a creditor wants to continue trying to...

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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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