The bankruptcy process in Georgia is nothing short of complex. There are many intricate details involved in filing, regardless of which chapter the debtor opts for. Just one small mistake can lead the debtor to end up in a worse financial position than they were originally in. Without legal guidance, a debtor can also lose valuable assets they would have otherwise been allowed to keep. For these reasons – and many more – debtors considering bankruptcy protection should consult with an experienced bankruptcy attorney in the state, such as Theodore N. Stapleton.
What To Expect When Working With A Georgia Bankruptcy Lawyer
The first thing Mr. Stapleton will do (personally not through a paralegal or other non-lawyer) is evaluate your finances to determine whether or not you qualify for bankruptcy in Georgia or elsewhere, and if so, which chapter is in your best interests to file. Although a Chapter 7 liquidation is the most popular chapter under the Bankruptcy Code filed in Georgia, there are several other options that might be more beneficial to a debtor, such as Chapter 11 business reorganization or Chapter 13 wage earner reorganization petitions. Non- judicial work out arrangements can also be implemented. Once you are fully informed, properly educated on your options and the appropriate course of action is determined, Mr. Stapleton will file your bankruptcy petition with the Bankruptcy Court, and the United States Trustee will appoint a trustee to your case, if appropriate.
In a Chapter 7 liquidation case, the trustee will attempt to repossess your non-exempt property (under applicable non- bankruptcy law you have various exemptions to apply to retirement accounts, equity in your residence and automobile, household goods and other property) to sell and use the proceeds to make payments to your creditors. There are many other exemptions that may apply, which is why having an experienced Georgia bankruptcy attorney on your side is imperative to ensuring the best possible outcome for your case.
How A Bankruptcy Lawyer Can Protect A Georgia Debtors’ Rights
Not only does having a skilled bankruptcy lawyer on your side ensure that the technical aspects of the case are followed through with complete accuracy, but attorneys serve as protectors for debtors from several factors that might hinder the outcome of a case. For one, bankruptcy lawyers offer protection from creditor harassment. Theodore N. Stapleton will make sure that once you have filed for bankruptcy, your creditors cease to harass you. He will take all their calls and ensure you are not bothered by persistent phone calls, emails or regular mail.
Your Georgia bankruptcy lawyer will also protect you from your trustee. If you do not know what you are doing – and most debtors do not – filing for bankruptcy without legal guidance can result in trustees and creditors taking advantage of you. Mr. Stapleton knows what your rights are and will not allow them to be diminished. He will keep you informed throughout the entire duration of your case so you are never left in the dark as to what is happening between your trustees and creditors. He will also ensure all paperwork was filed correctly and that your trustee doesn’t try to get more money out of you to pay creditors. There are times in which financial obligations are not listed accurately, which a debtor might overlook. Having a legal representative on your case will ensure that these mistakes are not allowed to pass.
With Theodore N. Stapleton as your Georgia bankruptcy counsel, you can rest assured you case will run as quickly and smoothly as possible.