The bankruptcy process is procedural. The attorneys at our firm will walk you through every step of the process. We will first help determine what type of bankruptcy is best for you, either Chapter 7 or Chapter 13. Once that is determined, we will gather information about your financial situation and begin the process of filing your bankruptcy case. A bankruptcy trustee will be assigned to your case, and they will assist with certain parts of the bankruptcy process.

Important parts of the filing process include:

• Disclosing all debts and assets

• Completing credit counseling (two parts)

• Appearing at the meeting of creditors (likely one time)
  

While it is not required that you work with a lawyer for your bankruptcy, it is strongly encouraged that you retain competent legal counsel. The process for filing is specific and just one error could prevent you from receiving a discharge or being able to file at all in the future. A competent lawyer understands the specific deadlines and knows how to prepare the petition, statements, and schedules so that your case will likely be approved by the bankruptcy court. You can count on the team at Woodruff Law to help you through this process.

Whether you’re filing for bankruptcy or trying to rebuild your financial future, Woodruff Law guides you through the process from start to finish. We meet with you for an initial free consultation and determine the best course of action for your specific, individual needs.

Step One

Schedule a Fresh Start Session.

Schedule a “Fresh Start Session.” An attorney will meet with you in person or over the phone, get familiar with your unique situation, and discuss your options. Unlike other law firms, you always meet with an attorney for your initial free consultation. At this meeting, you can retain our law firm by paying the filing fees.

We will then give you a bankruptcy checklist with reading material and documents that we need you to complete (“your homework”).

Before your initial consultation, consider doing the following:

• Check our Bankruptcy-related articles to get a basic understanding of everything involved in the process.
  

• Start gathering some of your financial documents. We don’t need your entire life history, but it's helpful to have a general idea of your debts and income.
  

• Download and fill out our Client Pre-Interview Worksheet and Client Worksheet from our Forms & Worksheets.

• Visit our Bankruptcy page to learn more about our services.
  
  We help people get a fresh start every day. Call us at 770-565-7924 or email us when you're ready to begin.

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Step Two

Go Online to do your Credit Counseling and Gather up your Documents.

When you have done your pre-filing credit counseling and gathered up your documents, call Woodruff Law at 770-565-7924 to make the appropriate appointment.

It costs $338.00 to file a chapter 7 and $313.00 to file a chapter 13, whether for one person or a married couple.  The court may allow you to pay this filing fee in installments if you cannot pay it all at once.  If you hire Woodruff Law, you may also have to pay attorney’s fees.

You must receive credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed.  You can complete pre-filing and pre-discharge credit counseling online through Debtorcc.org.  The cost for completing a credit counseling course is $19.95 for pre-filing and $14.95 for pre-discharge.

For individual debtors, Georgia bankruptcy exemptions include:

• $21,500 in equity in your home;

• $5,000 in equity in your car;

• $300 per item in any household goods up to a total of $5,000;

• $2,000 in things you need for your job (tools, books, etc.);

• $1,200 in any property, plus part of the unused exemption in your home, up to $10,000;

• Your right to receive certain benefits such as Social Security, unemployment compensation, veteran’s benefits, public assistance, and pensions – regardless of the amount.
  

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt.  Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

When you have done your pre-filing credit counseling and gathered up your documents, call Woodruff Law at 770-565-7924 to make the appropriate appointment.

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Step Three

What you can do to avoid future problems after bankruptcy.

•  If you don’t want it, don’t get it. If you have doubts about whether you really need the loan or service, or whether you can afford it, don’t let yourself get talked into it by a salesperson using high-pressure tactics. You can always walk away from a bad deal, even at the last minute.
  

• Shop around. You may qualify for a loan with normal rates from a reputable bank or credit union. Don’t forget that high-cost lenders are counting on your belief that you cannot get credit on better terms elsewhere. Do not let feelings of embarrassment about your past problems stop you from shopping around for the best credit terms.

• Compare credit terms.  Do not consider just monthly payment. Compare the interest rate by looking at the “annual percentage rate,” as this takes into account other fees and finance charges added on the loan. Make sure you know exactly what fees are being charged for credit and why.

• Read before you sign. If you have questions, get help from a qualified professional to review the paperwork. A lender that will not let you get outside help should not be trusted.

• If you give a lender a mortgage in a refinancing deal, remember your cancellation rights. In home mortgage refinancings, federal law gives you a right to cancel for three days after you sign the papers. Exercise these rights if you feel you signed loan papers and got a bad deal. Don’t let the lender talk you out of cancelling.

• Get help early. If you begin to have financial problems, or you are thinking of consolidating unmanageable debts, get help first.