Bankruptcy

Real Bankruptcy & Debt Lawyers!

Right here in Georgia and throughout the United States, millions of people are dealing with major debt issues. For many people, the best option to get a "fresh financial start" is bankruptcy. Let our Georgia bankruptcy law team help you get a fresh start today! 

Help Is On the Way

With offices in Roswell, Alpharetta, Atlanta and Cumming, bankruptcy lawyers Valerie Sherman and Bill Sherman have filed many thousands of bankruptcy petitions, saved numerous homes from foreclosure, and assisted consumers and families in eliminating numerous debts totaling in the hundreds of millions of dollars combined. We're proud to have helped so many wonderful people over the years.

We understand that bad things can happen to good people!

Let our AMAZING experience help you and your family

Now you can benefit from the years of experience we have in dealing with creditors, debt collectors, credit card companies, doctors, hospitals, and big banks who want to sue you, garnish your wages, repossess your car or truck, or foreclose on your home.

When you hire great debt relief attorneys you will instantly feel at ease and fully comfortable in knowing that you have an expert team in your corner answering all of your questions and making sure you are being taken care of. Attorneys Bill Sherman and Valerie Sherman strive every day to offer unparalleled personal service to help keep you sleeping well at night and to bring down your stress level. We know how stressful debt can be!

We always perform an in-depth financial analysis and answer all of your questions. We will let you know all of your options and if you are a good candidate for Chapter 7 or Chapter 13 bankruptcy or whether we should do debt negotiation on your behalf.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcies are the most filed form of bankruptcy in Georgia and throughout the United States. A Chapter 7 eliminates most forms of debt, such as credit cards, medical and doctor bills, personal loans, and most tax debt over three years old. Chapter 7 also wipes-out debt from vehicle repossessions, real estate foreclosures, and debt from old apartments.

However, not everyone qualifies for Chapter 7 Bankruptcy.

You must qualify for this type of bankruptcy. We perform a thorough financial assessment to determine if you qualify for a Chapter 7. We look at many factors to determine if you qualify, including your income and expenses.

You can't file a Chapter 7 bankruptcy if you previously completed a Chapter 7 bankruptcy within the last eight years, but you can file a Chapter 13 instead to get debt relief.

Interestingly, businesses can also file a Chapter 7. All types of companies utilize Chapter 7 to get out of debt.

What is Chapter 13 Bankruptcy?

Besides the Chapter 7, the next most common type of bankruptcy for consumers is a Chapter 13. Also known as a “reorganization,” a Chapter 13 allows for the repayment of debt over a three to five year period. Payments under this “chapter” are based, in part, upon your disposable income, which is the income left over after you pay your necessary monthly expenses.

Chapter 13 can really help people in debt. For example, a person can file Chapter 13 on the eve of a foreclosure and save their house. They can put all the money they were supposed to pay on the mortgage but didn't (the mortgage arrears) into the bankruptcy and pay it off over five years. It can also stop car repossessions in the same way.

Our team will help you to regain control of your financial situation so that you can be proactive and take the lead in restoring your financial health. We use bankruptcy as a critical tool in this process; however, it is only part of the process. If you are ready to take control of the process and your financial life, and ready to stop letting it control you, we're ready to help!

STOP DELAYING – GET HELP NOW!

If you're reading this, there's a good chance you need financial help.

The first step to address any problem is to stop procrastinating or simply ignoring the problem. You're probably not going to win the lottery, and your financial problems won't go away on their own – they haven't yet. Unfortunately, far too many good and smart people spend too much time hoping that “things will get better.” And the sad part is, they usually only get worse.

Rather than waiting until the lawsuits pile up and wage garnishments hit and the debt collectors' step-up their harassment, the best strategy is to contact an expert while you still have assets to use in the best interests of your family. 

Remember, this is your financial life. You own it and you can regain control over it. But first you have to take an honest look at your situation and then consider your options.           

GET REAL ADVICE

The best way to evaluate your situation and your options is to get sound legal advice. There are all kinds of financial scammers offering financial advice, “experts” offering get-rich-quick schemes, and other “consultants” who are happy to take your money.             

 STOP!  DON'T PAY ANY SCAMMERS

Don't spend any more money with the scammers. You don't need any more debt and stress. Call us now at 678-215-4106 for a free case evaluation. Let's talk about getting you a fresh financial start!

YOU NEED A PLAN

People tell us that the worst part of having financial issues is the uncertainty. Which bills are coming next? When is the next collection agent going to call and harass you? Am I going to be sued? Will my wages be garnished? Is my bank account safe from judgments or a levy? Will someone foreclose on our house? How am I going to buy food if we run out of money? What am I going to do?

If you ignore the problem you allow your creditors and their debt collectors to take control of the situation, and as you may already know, the collectors can be mean and ruthless. They're actually paid to be mean and ruthless!

Where are the bankruptcy courts located?

Bankruptcy is provided for in the United States Constitution and bankruptcy law is federal law, although there are some state components. The bankruptcy courts in the Northern District of Georgia are located in four different locations. These courts are located in:

  • Atlanta (at 75 Ted Turner Drive, SW)
  • Gainesville (at 121 Spring Street SE)
  • Newnan (at 18 Greenville Street)
  • Rome  (at 600 East First Street)

Where you live determines which bankruptcy court will get your case.

Some Frequently Asked Questions

Question: Can I file for bankruptcy?

Answer: Most likely. The law provides multiple chapters to file under. When you have too much debt, millions of Americans turn to bankruptcy. It's in the United States Constitution!

Question: I'm married. Does my spouse have to file?

Answer: No. Many times just one spouse files bankruptcy.

The better question really is: "Should my spouse file?" This is a fact-specific inquiry we do that focuses on your assets, your spouse's assets, when you were married, and when the debts were incurred. That's one of the many reasons we perform a thorough financial assessment as part of our engagement.

Question: Will I lose everything if I file for bankruptcy?

Answer: No. The vast majority of bankruptcy cases filed from Georgia result in no assets being taken from the debtors.

The whole purpose of a bankruptcy is so you get a fresh start in your financial life, and retaining items such as your house, your vehicles, and your personal belongings, as well as your retirement accounts, is certainly essential to that fresh start.

Each person has his or her unique set of property interests and we discuss that with you at our initial meeting and tell you whether any of it is at risk.

Question: Can bankruptcy help me save my home?

Answer: Yes. That's a major reason for filing bankruptcy. Filing a Chapter 13 can stop a foreclosure and help you retain your home or property.

Question: Do I have to disclose my current income?

Answer: Yes. Your income will be used to help determine your eligibility and which chapter (7 or 13) you utilize. You will have to disclose your income in your petition for bankruptcy filing, before proceedings can start.

Question: Can you be denied a student loan because you or your parents file bankruptcy?

Answer: Absolutely not.  Section 525 of the Bankruptcy Code prohibits discriminatory treatment by any governmental or other student loan program on the basis of filing a bankruptcy. This means that a student loan agency cannot deny your loan application based on the filing, by you or anyone you know, of a bankruptcy.

Question: If I file bankruptcy, can I be fired or denied employment?

Answer: Absolutely not. An employer cannot fire someone because of a bankruptcy. This is set forth in Section 525 of the Bankruptcy Code.

Question: Is it too late to file bankruptcy if I'm being sued or already have a judgment or wage garnishment against me?

Answer: No. The good news is that it's almost never too late to file bankruptcy. If it's a dischargeable debt (meaning one that isn't incurred through fraud, or a domestic support obligation, or one of the others Congress has excluded from discharge), you can still eliminate the debt even if a creditor has filed a lawsuit against you and gotten a judgment, or you are having your wages garnished. 

Question: Can I transfer assets out of my name into someone else's before filing bankruptcy?

Answer: Don't do this before speaking with a Georgia bankruptcy lawyer. You don't want to take chances. And not unless they are sold for “reasonably equivalent value.” Otherwise it can be recovered by the bankruptcy court as a fraudulent transfer.

Question: Can I Get Credit Again?

Answer: In-depth research has clearly demonstrated you will be more likely to get credit after you have filed bankruptcy than if you do not file at all. This is because bankruptcy totally removes the debts you cannot afford to pay. Simply put, after you file bankruptcy, you don't have any debt. And having less debt and a job makes you look very appealing to lenders.

Question: What is the Difference Between Secured and Unsecured Debt?

Answer: Secured debt, commonly mortgages, car loans, etc., is debt that is secured by real or personal property. Creditors can generally claim the property that secures the debt in the event of a bankruptcy filing, unless you are current on the payments. Unsecured debt, including credit card balances, personal loans, medical bills, etc., is debt that is not secured by any type of property.

Question: Are there any debts that I can't eliminate by filing bankruptcy?

Answer: Yes, some debts can't be gotten rid of by filing. Here are some debts you can't eliminate in bankruptcy:

  • child support;
  • alimony;
  • most student loans;
  • court fines and criminal restitution; and
  • personal injury caused by driving drunk or under the influence of drugs.

Question: Do you have to list all your creditors in your bankruptcy petition?

Answer: Yes, the law provides that you must list in your bankruptcy petition all your creditors. A creditor is any company or any person, even a family member or friend, that you owe money.

Question: How does filing bankruptcy stop creditor actions against you?

Answer: When you file a bankruptcy petition, the court issues an ‘‘automatic stay,'' which is a legal action that prevents creditors from pursuing collection efforts or lawsuits against you in an effort to collect a debt. If the creditor has already seized funds after the petition was filed, in many cases those funds must be returned. Your bankruptcy attorney will explain what legal actions are available to recover these funds.

Question: When will the harassing telephone calls stop?

Answer: As soon as you file bankruptcy, all of the creditors are notified that you have invoked your constitutional right to file bankruptcy. Upon receipt of that notice, all of your creditors are bound by the Bankruptcy Code to cease any and all communication with you. They cannot call you, write to you, sue you, foreclose on your house, repossess any items from you, garnish any wages or take any other legal action whatsoever.

Question: Will I lose my cars?

Answer: The bankruptcy process is designed to help you keep the vehicles necessary for your family. Either Chapter 7 or Chapter 13 can provide the necessary protection so that you can retain the cars required to maintain your family needs. 

Question: Can I get rid of income taxes through Chapter 7 bankruptcy?

Answer: Generally, we have a good shot at eliminating income tax debt more than 3 years old.

Question: Is it Difficult to File for Bankruptcy?

Answer: Not if you're using an experienced and knowledgeable Georgia bankruptcy lawyer. People get scared of the process because it involves the federal court system and you need the right information and documents prepared in exactly the right way. However, an experienced bankruptcy attorney can make the process as seamless and comfortable as possible. We can explain exactly what will happen, what you can expect, and how we can help you and your family achieve a happier, debt-free future as soon as possible.

Question: Will my immigration status be affected by filing bankruptcy?

Answer: No. It does not affect immigration status at all. Many people are concerned and worry unnecessarily that they will somehow jeopardize their immigration status if they file for bankruptcy. This is incorrect. Filing bankruptcy has no affect on immigration status.

WE'LL HELP YOU!

Let attorney Valerie Sherman & attorney Bill Sherman help you take control over your financial future by setting up a plan to: (1) stop the harassing phone calls and collection letters and lawsuits and wage garnishments; (2) ensure that your “protected” assets (like your house and cars) are truly protected; (3) walk you through the whole bankruptcy process (including representing you in court); (4) negotiate any repayment terms (if necessary); and (5) help you design a plan to restore your good credit and ensure a bright financial future for you and your family.

Take the next step to a brighter, debt-free future and call us at 678-215-4106 now! Don't you deserve a fresh start?

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”