Should I file bankruptcy or take money out of my retirement account to pay my debts?

There are situations where a person may have a mountain of consumer debts, such as credit card bills, car loans, and medical debt, but could have a significant amount of money in a retirement account such as a 401(k) or IRA. It can be very tempting to dip into that account in order to pay off those debts when creditors are constantly harassing you to pay off the debt. However, that is usually not a very good idea for a number of reasons. First, there is normally an early withdrawal fee as well as hefty taxes. Secondly, your retirement funds...

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I was rear-ended in a motorcycle accident. What should you do?

  Rear-end collisions happen every day in the U.S. But when a motorcycle is involved, the chances of injury are much greater. A rear-end motorcycle accident can cause permanent injuries, serious head injuries, or even death to motorcycle riders. If you are a motorcyclist and you have been injured in a rear-end collision, you should speak with an attorney immediately. The longer you wait to get help on your case, the harder your case becomes to win. Memories fade and evidence can disappear. You may also miss certain legal filing deadlines. Rear-End Motorcycle Accident Motorcycle accidents are caused by a number of factors. For instance,...

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Can I inherit money if I’m about to file for bankruptcy debt relief?

If you have recently filed for bankruptcy debt relief and you are about to receive an inheritance; it could be taken by your creditors.  This is true whether you are filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy debt relief. Whether or not your creditors will receive your inheritance depends on the timing of the inheritance. Whether or not you filed a Chapter 7 or a Chapter 13 is important for purposes of receiving an inheritance. If you file a Chapter 7 bankruptcy and receive an inheritance. Normally the inheritance is a part of your bankruptcy estate, so...

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I’m a truck driver who was injured in a crash in Atlanta. What are my legal options?

There are millions of tractor trailers registered for use in the U.S. that travel along the roadways moving products and equipment. The vast majority of truck drivers are competent, careful, and highly skilled. For many truck drivers, trucking can be an intense profession that requires long days and weeks on the roads. This can lead to exhaustion. Trucking deadlines can be tight and the pressure to drive for longer periods than allowed may be intense. This is the typical cause of catastrophic accidents for truck drivers. Regardless of who is responsible for causing an accident involving a tractor trailer, drivers are entitled...

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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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