TOP BANKRUPTCY ATTORNEY
ATLANTA BANKRUPTCY ATTORNEYS
At CMC Law, our primary goal is to help consumers and small businesses in North Georgia and the Atlanta area utilize bankruptcy law to discharge debts so that they can enjoy and maintain a debt-free lifestyle.
We practice bankruptcy law because we believe that the legal profession is one that is built on the spirit of public service, fairness and integrity. As Atlanta bankruptcy attorneys, we advocate for individuals who cannot always stand up for themselves. That is why we strive to serve clients honestly, ethically and zealously no matter how big or small the matter.
Bankruptcy matters that we handle:
$0 down filing Student Loans
What is Bankruptcy?
Bankruptcy is a legal vehicle by which individuals or corporations can consolidate or discharge debts that they are unable to pay. Bankruptcy was enacted as a federal law to allow debt relief. When an Atlanta bankruptcy attorney enacts a bankruptcy filing, a court order known as an automatic stay is issued to protect debtors from creditor collection actions. When this occurs, creditors may not seek payments, money or other property from the debtor.
There are two types of individual bankruptcies: Chapter 7 bankruptcy and Chapter 13 bankruptcy.
Chapter 7 Bankruptcy
Chapter 7 is what is known as a liquidation chapter of bankruptcy. When filing Chapter 7, debtor assets are subject to liquidation by a bankruptcy trustee that is responsible for administering the case. Most individuals who file for bankruptcy do not have assets that can be sold or liquidated because they have exemptions or protections on their property that prevent such actions.
Chapter 13 Bankruptcy
Chapter 13 is the consolidation of debt into one monthly payment. This allows individuals to catch up on arrears for their mortgages, car notes and other debts. Depending on their income, a debtor can pay between 0 and 100% of their unsecured debts. If there are secured debts that are attached to their property, the debtor must pay them to retain ownership.
The Benefits of Chapter 7 Bankruptcy and Chapter 13 Bankruptcy
With Chapter 7 and Chapter 13, individuals have interesting options that afford them opportunities to lower their interest rates on loans, change the status of loans from secured to unsecured and redeem property for fair market values.
Seek the Help of Atlanta Bankruptcy Attorneys
Bankruptcy is a complex area of law that requires the assistance and expertise of Atlanta bankruptcy attorneys. If you have questions about bankruptcy or would like to schedule a consultation with an attorney, please contact us at (404)-585-0040 to set up an appointment.
At CMC Law, we serve clients all over the state of Georgia. In every single case, we only charge you money if you decide to pursue a bankruptcy filing. With the help of Atlanta bankruptcy attorneys, you can file your case for no money down today.
Filing chapter 7 bankruptcy can instantly stop wage garnishment, as can filing chapter 13. Also, in many cases, wages taken in the 3-month period prior to filing bankruptcy (called the preference period) can be fully recovered. Further, our Atlanta bankruptcy law firm provides no-money-down, emergency filing to stop garnishment immediately. In many cases, utilizing an Atlanta bankruptcy attorney is the only way to successfully stop wage garnishment short of paying the amount in full. Depending on your particular financial position, we can advise on which bankruptcy chapter will yield the most successful results.
If you are facing the prospect of home Foreclosure, Atlanta bankruptcy law provides several mechanisms to stop the foreclosure process and repay the amount owed to the lender. Filing chapter 7 bankruptcy can slow down a foreclosure, but provides only a temporary solution; filing chapter 13 bankruptcy stop foreclosure and provides a vehicle for repaying the debt owed a mortgage lender in 5 years or less.
Filing bankruptcy in Atlanta can completely stop automobile repossession. Alternatively, if your car has already been repossessed, filing bankruptcy in Atlanta can get your car back, usually within 48 hours. Both chapter 7 and chapter 13 bankruptcy provide methods of cramming down car loans, and chapter 13 allows debtors to modify car loans, paying the loans back over a 5-year period. In order to recover a vehicle already repossessed, there are several requirements: 1. The vehicle must still be in the possession of the lender or a lenders agent (if your car has been sold to a 3rd party, it is too late to get it back. However, debtors in Atlanta usually have a minimum of 10 days from the date of repossession to file bankruptcy and get their car back); You must have active, full coverage insurance on the vehicle and 3. You must have a steady income, so you are able to make monthly payments, -or- you must be able to pay the entire fair market value of the vehicle. Call us to inquire about details.
The primary reason people file Bankruptcy in Atlanta–and in general–it to protect assets from creditors. This includes wages, residences, whether you live in an apartment or own your home, vehicles, home businesses, bank accounts, home furnishings, jewelry, retirement accounts, or literally any other asset in your possession. If you do not have any assets, you probably do not have a need to file bankruptcy. Likewise, if your income is exempt from garnishment or levy, your need to file bankruptcy is limited. Our firm specializes in planning and asset protection, to keep your wages and valuables permanently out of reach of creditors.
Many types of consumer tax debt is dischargeable in bankruptcy. When income taxes are filed on time and over 3 years have passed since they were last due, they can be completely discharged in either chapter 13 or chapter 7 bankruptcy. Sales tax and property taxes are also potentially dischargeable. However, trust tax, sometimes referred to as withholding tax, is never dischargeable. Our firm works in with an associated tax law firm to resolve non-dischargeable taxes after a discharge.
Student loans are essentially never dischargeable in Atlanta bankruptcy. While there are exceptions, the exceptions are so rare in Georgia that it basically never happens. Despite this, bankruptcy can offer some limited solutions to dealing with garnishment based on student loans. We also advise on strategies to reducing student debt through payment plans, including income based repayment.
Credit Score Rebuilding
There is no magic trick to re building your credit score. It’s a process that takes time and effort. CMC Law assists clients to rebuild their scores after receiving a discharge, free of charge.
Chapter 7 for Small Business Owners and High-Income Earners
CMC Law specializes in business bankruptcy and bankruptcy cases for high-income earners. If you own a failing business, or if you think you are ineligible for bankruptcy based on income, contact CMC Law to inquire about your rights. You may be surprised to learn you qualify for chapter 7.
Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.
I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.
I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.
I selected Charles Clapp to handle my bankruptcy based on his already positive reviews and I am glad that I did! He was very accommodating to my schedule and made my negative life experience positive. I was actually very surprised how easy he made the process. Life happens and it’s great to be represented by someone that understand that!!! Stop your attorney search with Charles Clapp!!!
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WHY OUR LAW FIRM
- WE HAVE THE TOOLS
Our legal experts provide you insight and guidance on bankruptcy issues.
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- ZERO MONEY DOWN
We understand financial struggle, start your bankruptcy with no money down.
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We'll start your process and have your Atlanta bankruptcy filed within 24hrs.
- 10 YEARS EXPERIENCE
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- EXPERT ATTORNEYS
With over 10 years in the bankruptcy industry we have the knowledge needed to win your case.
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FREE BANKRUPTCY EVALUATION CALL:404.585.0040