



Bankruptcy Attorneys in Cobb County
Experienced Team of Professionals
More and more families throughout the U.S. are finding it difficult to keep up with mortgage payments, falling behind on credit card bills, or slipping deeper into debt. Those who have found themselves in this worrying situation often do not know where to turn for assistance or do not know which steps to take in order to get their lives back on track. For this reason, the team at Blevins & Hong, P.C. is dedicated to helping families and individuals with debt relief. You can have peace of mind knowing that a strong legal representative is on your side, fighting to help you get through this difficult time in your life.

How We Can Help
We’re Knowledgeable About Bankruptcy
We can advise you on a number of bankruptcy-related topics, including:
Alternatives to Bankruptcy
Before you file for bankruptcy, you should seek to determine if there is a bankruptcy alternative for your situation and specific needs. A loan modification, debt settlement, debt consolidation, short sale, or deed in lieu could help you and your family get your lives back on track without needing to file for bankruptcy.
Chapter 7
When trying to determine if bankruptcy is right for you, you will first need to evaluate which type of bankruptcy applies to your specific situation. For example, many people opt for Chapter 7 bankruptcy (also known as liquidation bankruptcy) because it essentially eliminates credit card debt, medical bills, and more. Moreover, this type of bankruptcy leads to the “clean slate” many people think of after bankruptcy.
Chapter 13
What is Chapter 13 bankruptcy, and how does it differ from Chapter 7 bankruptcy? First of all, in order to qualify for Chapter 7 bankruptcy, the individual must first pass the means test. However, if their income is too high, they may be able to qualify for Chapter 13 bankruptcy. Bankruptcy under this chapter provides a three-to-five-year time frame in which people can repay their debts. Additionally, it puts a stay on all legal action from collection agencies.
Foreclosure Defense
When people find themselves in difficult financial situations, one of the biggest concerns is the threat of foreclosure. Being forced out of your home is one of the most traumatizing events a family could endure. Moreover, foreclosure can leave a long-lasting negative mark on your credit score. Our firm can help you fight foreclosure through a short sale, deed in lieu, or loan modification.
Life After Bankruptcy
What happens after filing for bankruptcy? Can long-lasting repercussions affect your credit rating? Many people do not realize that the effect bankruptcy has on your credit score is not permanent. Also, the peace of mind after eliminating debt is priceless. Some still fear the stigma which may result from filing for bankruptcy; however, the good far outweighs the bad.
Loan Modifications
What is a loan modification? This alternative to bankruptcy allows the individual to repay their debt under different terms. Monthly payments can be reworked to better suit your budget, and interests rates can also be lowered. Moreover, late fees can be waived, and the overall amount owed may even be reduced. There are many benefits to a loan modification.
Short Sale/Deed in Lieu
What should you do when you are unable to keep up with mortgage payments? Is there a better way to avoid foreclosure than filing for bankruptcy? Both short sales and deeds in lieu of foreclosure are ways to allow people to avoid foreclosure. Short sales involve selling the home or property and handing over the proceeds of the home to the bank, even though it is less than the amount owed. However, a deed in lieu means that the individual signs over the deed of their home to the bank voluntarily, rather than being foreclosed on.
Wage Garnishment
When an individual falls behind on their mortgage repayments, one of the repercussions they could be facing is wage garnishment. This means that your ability to budget and start to work on repaying your bills is taken out of your hands. In some situations, filing for bankruptcy is the only way that this garnishment can be stopped.
Debt Settlement or Bankruptcy?
Debt settlement is a good option for many people, especially those who don’t meet the criteria for bankruptcy. In fact, it can actually help your credit, making it a great alternative to bankruptcy for some. Still, it isn’t a good fit for everyone. Our Cobb County bankruptcy lawyers can help you weigh the options.
Automatic Stay
Once you have decided to file for bankruptcy, an automatic stay can grant you immediate protection from creditors. Therefore, you protect your wages and property. Also, you avoid eviction by having a bankruptcy attorney file an automatic stay. Don’t let creditors continue to harass you or risk losing assets — call an attorney right away.
Repossession
When you fall behind on vehicle payments or other secured loans (loans where collateral is involved), you run the risk of having the item in question repossessed. Therefore, it is important to understand how repossession works and what options you have to avoid something being repossessed. If you have already had something repossessed, it is imperative that you seek help immediately.
Means Test
A means test helps determine your eligibility for bankruptcy. Most people think of Chapter 7 bankruptcy when they are considering bankruptcy. Hence, understanding how the means test works for Chapter 7 is important to making an educated decision. The three phases to the means test involve examining income, living expenses, and disposable income.
Credit Card Debt Relief
Being overwhelmed with credit card debt can affect your quality of life, and even your health. Even though you may feel you have no way out, you actually have several options. Some options involve bankruptcy, but there are alternatives to bankruptcy that may also bring you relief.
Stopping Creditor Harassment
Creditors must play by the rules when collecting on debts. It is important to know your rights and make sure you are being treated fairly. The best solution for stopping creditor harassment is handling the situation, be that by filing for bankruptcy or seeking a bankruptcy alternative with the help of an attorney.
Discharging Tax Debt
Any debt can be troubling, but past-due taxes can be some of the worst. Failing to pay taxes can be very costly and result in liens or levies. If you have accrued tax debt, you should have an attorney speak to the IRS on your behalf.
What Are the Benefits of Bankruptcy?
Filing for bankruptcy has many benefits and can help you achieve the financial relief you are looking for. If you are over your head in debt or suffering from creditor harassment, consider filing for bankruptcy.
An End to Harassment from Creditors
The various types of bankruptcy provide different advantages. For both Chapter 7 and Chapter 13 bankruptcy, the automatic stay order benefits the debtor. As soon as you file for bankruptcy under either chapter, it triggers an automatic stay that halts any collection actions from creditors. You will enjoy relief from the letters, calls, threatened lawsuits, and any other collection actions from your creditors.
Chapter 7 Bankruptcy Advantages
Filing for Chapter 7 bankruptcy relieves you of the majority of your debts. Most of your debts will be discharged. Although there are a few exceptions, you will achieve the fresh start that most people want from bankruptcy.
Chapter 7 Bankruptcy Property Exemptions
Many people mistakenly believe that they will be forced to give up their home if they file for Chapter 7 bankruptcy, perhaps because the process is often known as a liquidation bankruptcy. However, this is usually not the case. As long as you don’t have a large amount of equity, most who file for bankruptcy will be allowed to keep their home and vehicle.
Get Rid of Debt!
Debts that are exempt from discharge through bankruptcy include alimony payments, child support, student loans, and taxes. Unsecured debts such as credit card bills, personal loans, or medical bills should all be discharged in a Chapter 7. You can also enjoy the benefit of feeling relief quickly. Generally, the debts will be eliminated in about six months, and you can begin your fresh start.
Chapter 13 Bankruptcy Advantages
Because it involves developing a plan in order to find relief from a financial struggle, some people call Chapter 13 bankruptcy “reorganization bankruptcy.” A Chapter 13 bankruptcy involves placing a debtor on a repayment plan in order to pay back their creditors over time. Often, you must only repay a portion of the debt owed. Nevertheless, the creditor will be able to receive some payment for the debt.
Some advantages of this specific type of bankruptcy include:
- Keeping all of your property
- Having a set period of time to repay your debts
- The amount that you owe can be reduced
- Co-signers on loans are safe
- You can avoid foreclosure or repossession
- You are protected against collection efforts by creditors
- Some debts can be discharged
The 341 Meeting
The meeting of your creditors is often known as the 341 meeting, and it is usually the only meeting you will have to attend during the bankruptcy process. The meeting lasts just a few minutes and does not take place in a courtroom overseen by a judge; rather, it is more informal and is overseen by a trustee and takes place in a conference room. Our experienced Cobb County bankruptcy attorneys can help you prepare for the meeting, which will address the basics of your petition to file Chapter 7 bankruptcy.
Call (678) 883-7081 to contact our Cobb County bankruptcy attorneys.
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Considering Bankruptcy to Relieve Overwhelming Financial Stress?
Are you or someone you know considering bankruptcy? If you are dealing with debt, deciding to file for bankruptcy may be the best decision for you. At Blevins & Hong, P.C., we understand how daunting it can be to deal with your finances, and we are prepared to work tirelessly to provide you with the supportive guidance you need in finding the solution that is best suited for your situation. It is important to remember that bankruptcy is not for everyone. For some, it can be the exact financial tool you need to get your finances under control. However, it is an extreme measure, and you must not make the decision lightly. Should you contact an attorney from our firm, we will help you evaluate your situation and legal options. Then, we will weigh the pros and cons of your options to ensure that whatever you choose yields positive results.
Before you decide to file, there are several steps we will take and questions that we will ask. The first will be contemplating the actual consequences of the bankruptcy. Despite its many benefits, bankruptcy also has some drawbacks. For example, it is a negative mark on your FICO® score and will likely cause a considerable drop in credit. Nevertheless, it can absolutely be worth it in the long run to get your life back on track. However, if there are other alternatives which could be just as beneficial, you should consider them before filing bankruptcy.
Some are able to get control of their finances through simple budgeting. If possible, correct your debt by implementing a strict budget and reining in your expenses. You should do this, if possible, before filing for bankruptcy.
If alternatives will not work, we will move onto the next step: Determining whether or not you are eligible for bankruptcy. For certain chapters, there are varying levels of eligibility requirements. For example, if you want to file for Chapter 7, you will need to pass the means test.
After determining the best chapter for your case, you should consider several things: What debts will and will not be discharged; what will happen to your property; and the future of pensions, IRAs, and 401(k) accounts. When thinking of these questions, make sure you talk to an experienced bankruptcy lawyer. At Blevins & Hong, P.C., we know it can be a confusing time when you are facing the possibility of filing for bankruptcy, and we want you to know that we are here for you in every possible way.
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Should I File for Chapter 7 or Chapter 13?
Both chapters can offer benefits. Moreover, the benefits will vary depending on your circumstances. There is no blanket answer as to which is the “better” option, as it is based on many different factors. For example, if you do not have enough disposable income to pay off your creditors, you may be best suited for Chapter 7. However, if you have a lot of valuable assets and property you aren’t willing to risk in liquidation, you might be better suited for Chapter 13.
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Will Creditors Continue to Contact Me After I File?
As soon as you have filed, the automatic stay will protect you — creditors will immediately need to cease any and all collection efforts. If they continue to make efforts to contact and collect, just alert them, in writing, about the bankruptcy petition. After that, if they continue, you may have grounds to pursue legal action.
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How Often Am I Allowed to File for Bankruptcy?
Many people have the misconception that you are only allowed to file bankruptcy one time throughout your entire life. However, while you do have to wait between filings, you can technically file multiple times. If you filed Chapter 7 the first time, you would need to wait eight years until you can file Chapter 7 again and four years to file Chapter 13. If you filed Chapter 13 the first time, you need to wait two years before you can file Chapter 13 again and six years before you are permitted to file Chapter 7.
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What Is the Difference Between a Secured & Unsecured Debt?
There are two primary types of debt: Secured and unsecured. A secured debt refers to something that is secured by a form of property that serves as collateral; in these cases, the creditor can claim the property to pay off the debt. For example, a mortgage and a car loan are secured debts, because the property could be reclaimed. On the other hand, medical bills and credit card debt are unsecured debts, because there is no property that could be taken.
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Does Filing Bankruptcy Get Rid of All My Debt?
Not all types of debt can be liquidated or discharged in a Chapter 7 bankruptcy filing. However, it will get rid of many kinds of debt, to varying degrees. For example, filing does not allow you to discharge recent taxes, student loans, child support, and alimony, as well as some types of court fees and fines. You can fully discharge credit card debt and overdue medical bills, along with many other types of debts. This can make paying the ineligible bills easier, since you will have more cash available if you are no longer paying a large number of your outstanding debts. If you still owe on your car or home, we can probably help you find solutions to keep this property, depending upon your circumstances.
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