Hire a lawyer, not a mill.
Don’t know what a “bankruptcy mill” is? Don’t worry, if you make the wrong choice you will find out fast, and for the length of your case.
CONSUMER BANKRUPTCY OVERVIEW
There are basically 5 types of bankruptcy cases that people can file. They fall under 4 chapters of the Bankruptcy Code found at Title 11 of the United States Code. In order to keep this discussion simple, we will only consider the three types that fall under Chapter 7 and Chapter 13 of the Code. If you are curious about the other Chapters, we will gladly answer your questions.
The following is a summary of the relief and benefits provided by them.
Chapter 7 is commonly referred to as “debt relief” or as “straight” bankruptcy. Neither of these are legal terms. With Chapter 7, all of your dischargeable debts are erased at the conclusion of the case, unless you have reaffirmed the obligation to a creditor and waived the discharge of that debt. There are just a few restrictions on who can seek a Chapter 7 discharge, but two terms you should become familiar with if considering Chapter 7 are “liquidation” and “means test”. At least in theory, in a Chapter 7 case your assets are liquidated and you are allowed to keep only the assets that are exempt or that the Chapter 7 trustee cannot liquidate. Therefore, if you have property that has significant value, or that you do not want liquidated, a Chapter 7 case is probably not for you.
When considering a Chapter 13 case, the following information is important, appropriate, and pertinent. Unlike cases filed under the other chapters, only individuals or married couples may file under this Chapter. Almost anyone with a regular source of income is eligible to file a case under this Chapter. It may be summarized as being a “personal reorganization” and can have either an extension plan or a composition plan of repayment. This depends on whether the plan’s propose is to pay the filer’s debts in full, or only the debts which are secured claims or with some other legal reason to be paid. Generally, there is no liquidation in a case under Chapter 13, but the “means test” does apply here. A person who cannot pass under the “means test” analysis will have to propose a 60-month repayment, unless all of their debts are paid off in less time. A major benefit is that when unsecured debt, such as credit cards or medical bills, is paid under a Chapter 13 plan, the creditor receives no interest on the debt owed, no matter how long the plan lasts. Additionally, missed payments on mortgages and car loans are essentially administratively “brought current” and most car loan debts are paid through the Chapter 13 case. Most attorney fees owed by the debtor can be brought under Chapter 13.
If a person cannot file a Chapter 7 case due to concerns about a liquidation issue or the means test analysis, generally a Chapter 13 case is the best option.
At the present time, the filing fee for either a Chapter 13 or a Chapter 7 case is less than $350.00. It is substantially more for a case under the other chapters.
Please use the For Quick Query Reply feature or call us today to discuss your options.
CRIMINAL DEFENSE MATTERS
If you are ever arrested and placed in the back seat of a police car, you will likely have a flood of thoughts and feelings as you attempt to analyze the implications of what just happened. If you know that you are not guilty of any criminal offense, you are likely to have the additional stress of wondering how your rights could have been violated in this manner. And what you can do about it.
Many people in Clarke County, and in other counties in Georgia as well, are illegally ‘lawfully’ arrested every year. Essentially, it is the American system of justice that allows a police officer to arrest you for virtually any reason, even on a whim. Now granted, they are not supposed to arrest you without probable cause, but presumably no one over the age of 17 believes that everyone tells the truth all the time, under all circumstances. Police officers lie and tell untruths frequently, perhaps more than your average citizen. So if a police officer decides to arrest you because you offended him, or you refused to allow a consensual search of your automobile, or refused to answer questions, or for any other reason, they can and most likely will do it, just because they can. I have found that some officers will arrest someone for obstruction and decide later what the grounds for the arrest are. They are probably hoping that you will “take a plea” to avoid the embarrassment of a public trial.
This brief summary of what you are facing is not intended to scare you, or inform you of all your rights. Certainly, you have a Constitutional right to refuse a search and to refuse to answer any questions, although many people do waive these rights, generally to their detriment. Because, if there is one thing that is always true and hard to accept by someone who just wants to go on their way without being harassed by government agents, it is that you cannot talk your way out of an arrest once a police officer decides to arrest you. But, you can talk your way into a conviction after that arrest, even as you do not realize you are doing so.