Find a Bankruptcy Lawyer in Smyrna, Georgia

Find the right Bankruptcy attorney in Smyrna, GA

In Smyrna, Georgia, bankruptcy is a court procedure in which a person or business has some or all of their debts absolved (or "discharged"), theoretically allowing them to commence with a clean slate, and move on with their lives no longer drowning in debt (and hopefully having learned to better manage their use of credit in the process). However, bankruptcy should not be treated as a way to avoid debt that one simply doesn't feel like paying. It is meant to be a safety net for people or businesses who are really unable to pay off their debts. Because bankruptcy is not without negative consequences (such as a severely damaged credit rating for many years afterward), it should be viewed as an option of last resort.

Accordingly, it might be a good idea to consult with a Smyrna, Georgia bankruptcy attorney. Your lawyer will be able to counsel you about your options, including alternatives to bankruptcy, if such alternatives exist in your case. Whatever the result, it is often challenging to anticipate the long-term consequences of any bankruptcy-related decisions, so the advice of a bankruptcy in Smyrna could prove invaluable.

Types of Bankruptcy in Smyrna, Georgia

In Smyrna, Georgia, there are three basic bankruptcy schemes that are most frequently used. They are identified as Chapter 7, Chapter 13, and Chapter 11. Being a product of federal law, the procedural rules governing bankruptcy in Smyrna, Georgia will be very similar to those in any other part of the United States. Chapter 7 bankruptcy, or "liquidation," requires the debtor to sell some of his or her property to the highest bidder, and using the proceeds from the sale to pay down as much debt as possible. Once the sale is done, all dischargeable debt is deemed paid in full, whether or not the sale was able to raise the entire amount owed. You should note that some property (usually the types of property deemed essential) is fully or partially exempt from liquidation, meaning that the debtor gets to keep it. This includes houses, cars, and retirement accounts, among others. Some types of debts, however, cannot be discharged in bankruptcy, including taxes, child support, and student loans.

Under Chapter 13 bankruptcy in Smyrna, most of the debtor's debt is not discharged. Instead, the bankruptcy court, working with the debtor and participating creditors, work out a payment plan that allows the debtor to pay off most of his or her debts over an extended period of time, therefore theoretically making the debt far more manageable. Once a payment plan is approved by the court, creditors are prohibited from attempting to collect payment under their original agreements that gave rise to the debt in the first place. Chapter 11 bankruptcy is almost exclusively used by businesses, but there is nothing that legally prevents it from being used by individuals, and its use by individuals is very rare. Chapter 11 bankruptcy requires the debtor to come up with a restructuring plan - telling the court how they propose to cut costs, improve their operations, and pay down their debts. The plan has to be approved by a majority vote of participating creditors.

A main advantage of Chapter 11 bankruptcy is that businesses can continue their operations while going through the process. Also, they can continue to buy and sell their stock.

How Can a Smyrna Bankruptcy Lawyer Help?

The decision to file for bankruptcy in Smyrna is not one to be made lightly, and it certainly should not be made without first obtaining the advice of an efficient Smyrna bankruptcy attorney.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Smyrna

Located just 10 miles from the state capital of Atlanta, Smyrna Georgia is a city with lots of Southern charm. Smyrna was incorporated in 1872 and is appropriately nicknamed, "Jonquil City" for the many jonquils that bloom naturally in the city's parks and streets during the spring blossom.

Smyrna has a population of 47,000 residents. Smyrna has over 304 acres of parks and open spaces within the city's 15 square miles-- a fact that promotes its residents outdoor activity. The Village Green is the hub of the city and is the "common area" of Smyrna housing the library, civic center, and community center.

The Market Village is an expansive downtown development in the city that has retail, restaurants, and housing for many of Smyrna residents to enjoy. Smyrna is also a popular sport for Atlanta workers to live in and enjoy the perks and space of a suburb. Smyrna is just a fifteen minute drive to downtown Atlanta.

Smyrna has many lawyers that help contribute to the growth and development of the city. Lawyers with a range of specialties to help their fellow citizens with any issue they may find themselves dealing with. Smyrna lawyers are in good company with local doctors, accountants, and other professionals creating a great professional community.

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