Are you dealing with a foreclosure, medical bills, credit card debt, or other financial obligations that you can’t overcome? Has someone threatened to repossess your assets?
You want and deserve to live a happy, comfortable life near Statesboro, Brooklet, Sylvania and Savannah—one free of these financial burdens. H. Lehman Franklin, P.C., wants to help you achieve that. Our Bankruptcy Attorneys are experienced in dealing with creditors and can help you get the relief you need. All you need to do is give us a call.
- Do you have a lien or judgment filed against you?
- Are you worried about a garnishment of your wages?
- Are you facing foreclosure?
- Have you been threatened with repossession of your assets?
- Do you have credit card bills, medical bills, and/or loans that you can’t pay?
Bankruptcy Attorneys near Me
When financial hardships back you into a corner, it’s easy to feel alone. You just need to remember that you’re not—not when our bankruptcy attorneys are ready to assist.
We’re here to help you when you need it most. We can assist you through the filing process and provide federal debt restructuring support. In most cases, we can also stop garnishments, foreclosures, repossessions, and other major hurdles in the process.
Consider us a debt relief agency. Our bankruptcy lawyers want to fight for you.
What are the Types of Bankruptcy?
The U.S. Bankruptcy Code is a long and fairly dense list of rules. Fortunately, it’s not something you need to read in its entirety. The code is broken up into a number of chapters, each applying to a different type of bankruptcy.
Don’t have time to read through this code by yourself? Most don’t. That’s why we’re here to break down the legal language barrier for you.
Chapter 13 Bankruptcy: For Individuals with Steady Income
- Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time.
- You are only eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.
- Under Chapter 13, you must file a plan with the court to repay your creditors all or part of the money that you owe them, which does include future earnings.
- The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors.
- The court must approve your plan before it can take effect.
Chapter 7 Bankruptcy: For Liquidation
- Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts.
- Debtors whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to proceed under Chapter 7.
- If your income is greater than the median income for your state of residence and family size, the United States trustee (or bankruptcy administrator), the trustee, or creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the code. It is up to the court to decide whether the case should be dismissed.
Chapter 11 Bankruptcy: For Businesses and Individuals with Many Assets
- Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors.
- Its provisions are quite complicated, and any decision by an individual to file a Chapter 11 petition should be reviewed with an attorney.
Chapter 12 Bankruptcy: For Farmers
- Chapter 12 is designed to permit family farmers to repay their debts over a period of time with future earnings. It’s fairly similar to Chapter 13.
- The eligibility requirements are restrictive, limiting its use to those whose income arises primarily for a family-owned farm operation.
What is Chapter 5 Bankruptcy?
Another chapter of the Bankruptcy Code we are commonly asked about is Chapter 5. Unlike the chapters we’ve already discussed, Chapter 5 isn’t actually a type of bankruptcy. It’s a list of procedural guidelines to be used by the debtors and creditors—including a creditor’s estate.
As part of the guidelines outlined in Chapter 5, there are three different subchapters and a number of subsections within each. There are many rules involved, but they tend to cover these main topics:
- How creditors can file claims, request administrative expenses, and determine which specific claims are allowable.
- What comprises a debtor’s duties, the details of discharging debts, and the duties of debt relief agencies.
- What constitutes a debtor’s property, statutory liens, and post-petition transactions.
It’s important to have a thorough understanding of these terms and guidelines before you undergo the bankruptcy process. To break down terminology, you can always seek out a team of experts like ours.
How Do You File for Bankruptcy?
Now that you know about the different types of bankruptcy as well as some of the integral guidelines, you might be wondering, “How do I actually file for bankruptcy?”
If you’re undergoing this process, you should prepare for a tremendous number of documents and forms that need to be filled out. These forms then need to be filed in court, and the documents subsequently mailed to your assigned trustee.
There are several more steps involved, including courses and meetings that you must attend. Overall, bankruptcy can be time-consuming and even confusing without the appropriate legal guidance.
Your best chance at a smooth process is to find an experienced bankruptcy attorney in your area. If it’s years—even decades—of experience that you’re looking for, you need look no further than the legal team of H. Lehman Franklin, Jr., and Kimberly S. Ward.
Get a Free Consultation with Our Lawyers
Don’t allow the weight of medical bills, a layoff, or divorce to upend your life. The bankruptcy lawyers at H. Lehman Franklin, P.C., will help Statesboro, Brooklet, and Sylvania residents find the debt relief they deserve.
Want to learn more about how we can help you? Contact us today so we can briefly review your case. If we’re able to take on your case, we’ll start deliberating a course of action right away.
Call our office today for a free consultation!