Atlanta Consumer Bankruptcy Lawyer
Medical bills. Divorce. Job loss. Unexpected expenses. These are just a few of the reasons you may find yourself in financial trouble. Once the bills begin to pile up and the interest starts multiplying, it can be challenging to dig yourself out from under that mountain of debt. Depending on your circumstances, bankruptcy may provide an opportunity for you to get back on the right path financially.
Van Wieren Law Firm, LLC in Atlanta can help you determine if bankruptcy is the right choice for you and which chapter best fits your needs. We assist clients with the following—
Is Chapter 7 bankruptcy the answer?
Chapter 7, or straight bankruptcy as it is sometimes called, involves the elimination, or discharge, of most debts. It is typically most effective in discharging unsecured debt such as—
- Credit card debt
- Medical bills
- Deficiency balances due to auto repossession
In Chapter 7, a bankruptcy trustee converts your non-exempt property into cash and distributes it to your creditors. Most filers receive a discharge of all dischargeable debts within four months. Chapter 7 is an excellent option for anyone who has few assets but a large amount of debt.
Non-dischargeable debts under Chapter 7 include—
- Student loans
- Alimony and child support (domestic support obligations)
- Debts obtained through fraud, false pretenses, or false representation
- Unscheduled debts
- Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larceny
- Debts for willful and malicious injury
- Debts for fines or penalties to governmental units
- Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel, or aircraft accidents while you were intoxicated
- Condominium or cooperative association fees or assessments
Can Chapter 13 bankruptcy help you?
Also known as reorganization bankruptcy, Chapter 13 allows you to create a three- to five-year payment plan based on your income rather than your assets. Your various debts are consolidated into a single payment that you make to a Chapter 13 Trustee who then disburses payments to your creditors according to your court-approved and legally binding Chapter 13 Plan.
Chapter 13 may be the right option for you if you have non-exempt property you would like to keep and you have a reliable income that will enable you to afford your day-to-day expenses while making payments on your debt.
Chapter 13 may help you avoid auto repossession and home foreclosure.
Protecting your rights under the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) regulates the actions of bill collectors, including when, where, and how often they are permitted to contact debtors. A bill collector is defined as any person (or agency) who regularly collects debts owed to others.
If you feel your rights have been violated by a bill collector, we can help. At the Van Wieren Law Firm, LLC, we are adept at resolving issues with creditors and bill collectors. We can advise you regarding your rights under FDCPA and, in cases where a you are being harassed by a bill collector regarding a debt that is not yours, we can intervene on your behalf.
Recovering from identity theft
Anyone can be a victim of identity theft. If your personal information falls into the wrong hands, you may find your bank accounts drained, your credit rating ruined, and huge credit card bills racked up in your name. Thieves may open additional cards in your name, apply for loans, or commit other acts of fraud or crime using your identity.
Recovering from identity theft is not always simple, but it is possible. At Van Wieren Law Firm, LLC, we understand the frustration involved in reclaiming your identity after it has been stolen. We fight on your behalf to clear your name and help you re-establish your credit.
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When times are tough, we are on your side
Call us today at (404) 963-7408 for assistance or contact the Van Wieren Law Firm, LLC online.
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