Navigating the complexities of Chapter 7 and Chapter 13 can feel like wandering through a maze of legal jargon and conflicting advice. At Clark & Washington, we believe that clarity is the first step toward freedom. We have compiled the most common questions our Atlanta bankruptcy attorneys receive to help you understand your rights, your options, and the path to a fresh start.
Bankruptcy is a process designed to help consumers and businesses repay or eliminate their overwhelming amounts of debts under the protection of the courts.
While filing bankruptcy can help eradicate excessive debt, it does not wipe out all obligations. Working with an Atlanta bankruptcy lawyer will help clarify which debts can be discharged and which must still be paid.
Chapter 7 allows most debts to be discharged in exchange for liquidating nonexempt assets. Chapter 13 involves creating a repayment plan to pay back part or all of your debt over time while keeping your property.
It depends on your debt level and income. Those above the median income may not qualify for Chapter 7, while individuals with secured debt above $1.1 million cannot use Chapter 13. Contact Clark & Washington to determine which fits your situation.
Submit a signed letter to the U.S. Trustees with details about the person or business, case number, location, suspected fraud summary, and your contact information. The matter will be sent to the U.S. Attorney for review.
While most people can file, not everyone qualifies for every type. Bankruptcy is designed for honest debtors who can no longer pay their bills. Previous filings may also impact eligibility.
Chapter 7 typically lasts 4–6 months, while Chapter 13 can take 3–5 years, depending on your repayment plan and case details.
You’ll meet one-on-one with an Atlanta bankruptcy lawyer who will review your case and provide guidance. No forms or documents are needed for your initial meeting—just bring yourself.
Yes, but timing depends on loan type and bankruptcy chapter. FHA/VA loans usually require a 2-year wait after Chapter 7, or 12 months into Chapter 13 with court approval. USDA and conventional loans have longer waiting periods. You’ll still need to meet standard credit and income criteria.
Many seniors file due to rising medical and living costs. Medical debt is easily discharged, retirement accounts are largely protected, and Social Security benefits are excluded from the means test. Consult a lawyer to protect home equity and other assets.
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