LEE LEGAL CLINIC BANKRUPTCY LAW FIRM 404. 288.4444 DeKalb•Rockdale
Give Yourself a Chance at a Fresh Start. If your over 40... Then we're probably who you want to call.
We use Chapter 7 or Chapter 13 to protect our client's property, paychecks and bank account. A lot of our clients are over 40 Years old. When they came to see us they were worried about their jobs, family and household. They didn't know what would happen if they filed Chapter 7 or Chapter 13. We're an old school bankruptcy firm and we know the importance of satisfied clients. If your over forty you'll appreciate the attention we give. We're a real bankruptcy office - we do more than just talk about bankruptcy, fill out forms and file the case before moving on to the next client or to the next office location. We've been in business 32 years for a reason - our clients love us. We stop creditors and collectors.
If you come to Lee Legal you see Mr. Lee. He has 32 years of real life everyday bankruptcy experience. He meets every client and works on every file. Like we said - we're old school.
How do you pick the right bankruptcy attorney? First, you make sure all they do is bankruptcy. Second, you click here.
• Most Chapter 13 cases can be filed for only the $75 partial filing fee with no upfront Attorney Fee.
• Chapter 7 cases need $306 Filing Fee plus our Attorney Fee to file. See our Attorney Fee section for more info.
CHAPTER 13
• You make payments to your 'Chapter 13 payment plan' every month. The bankruptcy court appoints a Chapter 13 Trustee to receive these payments and pay them out to your creditors. • Most Chapter 13 cases only require the $75 partial filing fee upfront to start. Our attorney fees are paid in the repayment plan each month along with your creditors.
• Chapter 13 payments are based on the amount of debt that you are paying, the type of debt, your income/expenses and the bankruptcy means test results.
• Wipes out charge card debt. • Wipes out some taxes.
• Allows you to surrender house and walk away from mortgage. • Allows you to surrender other property and walk away from
the debt.
• Stops suits and garnishments. • Stops foreclosure. • Stops repossession. • Stops tax, child support and student loan collection. • Allows you catch up past due mortgage payments. • Allows you to catch up past due rent on autos and 'rent to own' furniture, appliances. • Allows you to repay past due child support and alimony. • Allows you to repay student loans. • Wipe out most income taxes that are older than 3 tax years. • Allows you to repay taxes that are less than cannot be wiped out. • Protect your co-signers.
• Reduce the balance on auto loans and decrease the interest rate.
• Stop charge card interest.
• You can make a creditor give back a car or other property that was taken before the Chapter 13 was filed.
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• Chapter 13 will usually lasts between 36-60 months.
• You may have to surrender part of your tax refunds as payment towards your Chapter 13 if you are wiping out debt. However, you are allowed to ask for part or all of the refund back if it is needed for expenses like, medical, auto repairs, etc ...
• The Chapter 13 will be dismissed if you do not pay the Chapter 13 plan payments, unless you are granted a 'suspension or excused' order. This requires a valid reason such as loss of job or your paycheck is reduced.
• You are not allowed to pay a creditor directly except for mortgage, leases, child support and few others.
• Chapter 13 will not wipe out student loans.You can repay some of the student loan in the Chapter 13, but you will still owe the balance and interest after the Chapter 13 is over.
CHAPTER 7
• Over in approximately 5 months from date of filing. You get a 'Fresh Start' much faster than a Chapter 13. • Does not create a tax liability for the wiped out debt. IRS will make you pay taxes on all debt wiped out in a non-bankruptcy workout. • Chapter 7 will wipe out charge card debt and personal loans. • Chapter 7 will wipe out some income taxes if more than 3 tax
years old. • Allows you to surrender house and walk away from the mortgage. • Allows you to continue to pay your mortgage without the mortgage creditor's approval if you are current and stay current. You can stay in the property until you decide to move months or years later. • Allows you to surrender an auto and walk away from the debt. • Stops suits and garnishments. • Temporarily stops foreclosure. • Temporarily stops repossession.
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• Does not force your mortgage company to agree to any type of catch-up or repayment of back payments. They are free to start foreclosure proceedings if they choose. • Will not make an auto creditor accept your monthly payments. They can refuse your payments and take the car. • Does not protect your auto from a title pawn creditor. • Will not allow you to repay a co-debtor loan and protect the co-debtor unless the creditor agrees. • Does not make a creditor give back a car or other property that was taken before the bankruptcy was filed. • Does not allow you to void a second mortgage like a
Chapter 13 does. • Does not protect co-signers from collection or suits. • Does not wipe out student loans, but can stop the collection process for about 5 months. • Does not wipe out all taxes, but can stop the collection process for about five months. • Does not stop child support or alimony collection. • May cause you to lose some of your property to the bankruptcy Trustee. Some examples would be autos and tax refunds.
TRUST. A lot of our clients are over 40 Years old and they were worried about their jobs, family and household. They were worried about what would happen if they filed Chapter 7 or Chapter 13.
Our clients trust us for good advice, taking care of their case and talking with them after their case is over. You should call us. We're easy to talk to and we know what to ask.
How Do You Find the Right Bankruptcy Lawyer?
First you have to decide if your looking for real bankruptcy help or just the nearest attorney, or maybe you think more locations mean better attorneys?
No matter how many attorneys you call or how many web sites you look at your three options will never change:
• Go to one of the bankruptcy firms with heavy advertising and locations everywhere and sit and wait for the next available attorney to assist you. These firms are called 'mills' for a reason.
Do you really think 10 locations mean they have 10 good attorneys. What it means is you sit and wait for whoever you get. You can do better.
• Go to a smaller office that claims to specialize in bankruptcy. Maybe they do, maybe they don't. You'll find out soon enough after your bankruptcy case is filed. A lot of small office attorneys
can talk about bankruptcy before it's filed. Not that many know how to use bankruptcy after the case is filed. Bankruptcy is a lot more than just asking questions and filling out software forms.
• Call our office. If you need to file bankruptcy then you better get all that bankruptcy can give you, which is debt relief now and in the future. We plan out what you need, we look forward because
know how. We know bankruptcy and we know our clients by name. We're not closest and we're not the biggest, we're just an old school firm that's good at what it does. Drive a few more minutes
and get a lot more relief. After all - once you file bankruptcy do you really need to be worrying about your attorney?
Member: American Bankruptcy Institute | National Association of Consumer Bankruptcy Attorneys
Ph 404. 288.4444 | Fax 404. 288-4446 •4393 Covington Hwy Decatur, GA 30035 1½ blocks from I-285 • Twenty minutes from anywhere in DeKalb • One location for 32 years.
OUR ATTORNEY FEES.
CHAPTER 13. For most Chapter 13 cases we only need the $75 partial filing fee to file the case.
We put our attorney fee in the Chapter 13 and we get paid with your creditors through the Chapter 13 Plan.
The court filing fee is $281 but Chapter 13 allows you to make installment payments on the $281 filing fee after
paying $75 upfront. Plus the below credit briefing fee. All Chapter 13 attorney fees are subject to review by the
bankruptcy court so Chapter 13 fees will vary greatly from case to case.
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CHAPTER 7. Our attorney fee for a basic Chapter 7 is $1,100. Most Chapter 7 cases are considered basic.
We require all Chapter 7 fees to be paid before we file the Chapter 7 case. We are not a discount treadmill or
an office that practices more than bankruptcy. We are a bankruptcy law firm. The quality of your attorneys work
may or may not be the most important factor in your choosing an attorney. We handle our client's problems.
The court filing fee is $306. Plus the below credit briefing fee.
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Both Chapter 7 and Chapter 13 require that you complete a pre-filing credit briefing. This can be done online in about
25 minutes. Also, you must complete a debtor 'education course' near the end of your case.The cost for each of these online
courses range between $25 - $50.
We can show you how to get started and make it easier for you. You can take these courses by phone if you cannot get
access to a computer. These courses are required, but they very easy to do.
Debts are classified in bankruptcy, both Chapter 7 and Chapter 13, as secured, unsecured or priority. Debts like recent income taxes and child support are considered priority. Secured debts have collateral such as a house, car, or furniture which you've financed. For example, if you have a mortgage on your home, your home would be considered collateral for your loan. In the event that the secured loans are not paid, the lender may foreclose or repossess your property (the collateral) to recover the owed money. Unsecured debts are charge cards, medical bills, or anything else that is not attached or secured by collateral. All bankruptcy cases are administered by the Federal Bankruptcy Court System. The metro Atlanta area is in the Atlanta Division Northern District of Georgia Bankruptcy Court.
The type, or class, of a debt is important in bankruptcy. Priority debts cannot be wiped out in Chapter 7, but they can be repaid in a Chapter 13. Secured debts on property you want to keep, but cannot afford the regular monthly payment for, can be repaid in a Chapter 13 at a lower interest rate and lower payment. Whereas in a Chapter 7 anything less than the contract interest and regular monthly payment would require creditor approval. Bankruptcy allows you to select between keeping property or giving it back. It allows to repay the debt in full, or only partially. Bankruptcy allows you to reduce the interest rate on the secured debt and get rid of it completely on most unsecured debt, but the type of bankruptcy you file determines what you can do with the debt. Furthermore, there is some debt, like student loans, that you can do nothing with, except use the Chapter 7 or Chapter 13 to delay the student loan payment.
Should I File Bankruptcy?
Will things be better next month? Once debt starts to get out of hand it usually stays that way. Then comes the aggravation and stress; everyday. At that point it doesn't matter how you got there, it only matter what you do about the situation you've found yourself in. You can either do something to alter the situation or you can stay where you are. We have some clients who kept hanging on from month to month and we've had people call us who didn't need bankruptcy, they just thought they did. At Lee Legal Bankruptcy we're still old school. We're direct and upfront. We won't file a bankruptcy if the person doesn't need it. We're not a franchise or an out state law firm, we're not a treadmill. We're an old fashion, old school law firm that still believes in doing good work. We respect our clients and they respect us.
Filing for Chapter 7 or Chapter 13 bankruptcy is serious. You need to be serious about who you turn to for help. You need to decide what it is you're looking for in a bankruptcy lawyer. Some bankruptcy lawyers are cheaper, some are faster, some bankruptcy lawyers are better than others. Some pay no attention to the client once the case is filed, others are excellent at servicing their clients. It's your choice - what are you looking for in a bankruptcy lawyer? You can do better with Lee Legal.
Filing bankruptcy is a decision that involves taking into consideration how much you owe, what type of debt you owe, and what legal action your creditors are taking. It involves your monthly income and household expenses and it involves the bankruptcy Means Test. It involves stress, phone calls, letters, and your ability to pay the creditors. There is not a lot you can do about your income, which means there is not a lot you can do about how much you can pay your creditors. Filing bankruptcy is not just your decision. Your creditors have tremendous leverage against you in Georgia. Georgia is what we call a 'creditor state'. Once a creditor gets its collection process going you will have a tough time avoiding collection suits then garnishment. Should I file bankruptcy? You will only know if you talk to a bankruptcy lawyer. If you try to get cheap advice or have one of the discount lawyers file your bankruptcy case, then you will most definitely regret it. If you want cheap bankruptcy, it's out there, but if you want your financial problems to be taken care of correctly, then be serious.
This web site is only an overview and cannot possibly provide all the answers you may be looking for or that you may need when considering bankruptcy as an option. However, it does give sound advice and provides answers to some general questions and issues regarding bankruptcy filing and the bankruptcy process. You should speak with an attorney who is familiar with bankruptcy for details of the bankruptcy laws as they would apply to your situation. You can contact us directly at 404-288-4444 or by email at if you have any questions.
What are the different types of bankruptcy? Chapter 7
Chapter 7 bankruptcy is used to wipe out as much debt as possible. It allows a debtor to eliminate or discharge (forgive) all or some of his or her unsecured debts. A Chapter 7 case will also allow a debtor to surrender secured property back to the creditor. It does not guarantee you will keep property that you owe money on as a 13 does. Chapter 7 can be a good way to eliminate most, if not all, of your debt. There are several debts that cannot be wiped out in a Chapter 7. Such as taxes, child support, alimony, and student loans (among others).
A Chapter 7 is good when the debt you owe is only in your name, or you do not need to protect the co-signer, and is for charge cards, medical bills or personal loans. If you owe for property like a car or furniture then the creditor must agree to let you continue to make payments, if they do not agree then you must surrender the property. Some creditors can be difficult to work with on auto loans. Most Chapter 7 cases are closed and discharged within 5 months of filing. Upon the filing of a Chapter 7 bankruptcy, a trustee is appointed to preside over the case and determine whether there are any nonexempt assets to liquidate for the benefit of creditors. Thus, if a trustee determines that your asset (for example your car or home) has equity and you cannot exempt this equity under Georgia law, then the trustee can sell your asset and pay your unsecured creditors with the proceeds from this sale. For debtors with higher incomes that do not qualify for filing a Chapter 7 bankruptcy, a Chapter 13 bankruptcy can be filed.
Chapter 13You should look at our two Chapter 13 videos. They are quick and will give you a lot of useful information.
Chapter 13 bankruptcy is a 'debt repayment plan' that is administered by the U.S. Bankruptcy Court. Your creditors are put in the repayment plan and are not allowed to contact you after the case is filed.
Chapter 13 allows you to reduce or eliminate interest, reduce car loan balance, reduce or eliminate charge card debt and many other types of debt. Most Chapter 13 cases usually will last from 36 - 60 months. The plan requires that you make monthly payments to the Chapter 13 Trustee. The Chapter 13 Bankruptcy Trustee receives your monthly plan payment and disburses it to your creditors. The Chapter 13 Trustees in Atlanta receive and disburse tens of millions of dollars every month on the metro Atlanta bankruptcy cases they administer. The plan payments are paid by you until the plan is paid out. Under a Chapter 13 bankruptcy plan some of your creditors may be paid in full while others will not. Some creditors will get interest at a reduced rate and some creditors will get no interest. When your bankruptcy plan is completed you will receive a 'bankruptcy discharge' and the case is closed. The interest and debt that was wiped out in your plan is gone. Debts that cannot be wiped out in a Chapter 7 can still be repaid or maybe even wiped out in a Chapter 13. A Chapter 13 allows a debtor to protect valuable assets and also assist a debtor who has fallen behind on his or her mortgage or car payment to catch up on those payments through a reorganization plan. Payments on long-term debt (for example, a mortgage on a home being retained) must continue at their contract rate after the filing, in addition to the Chapter 13 plan payment. This type of bankruptcy can only be filed by individuals having the income to fund a case.
What is Debt Workout or Debt Repayment?
Actually - not much. You can make your own workout or repayment agreements with creditors. It is useless to pay a service or company to do this for you. These type of companies are constantly subject to U.S. Attorney and State Attorney General law suits for missing money. This industry makes incredible profits from your debt by working with your creditors and for your creditors. But who works for you.
Also - you are subject to income tax on all debt that is forgiven in these workout programs. Don't be lead or influenced by their sales pitch: "... what about your credit rating". Frankly - there is nothing they can do about your credit rating. Future creditors will not be impressed that you were in a debt workout plan, not even the ones who were in the plan. If you want closure on your debt situation in the future this is not the way to go. To see a New York Times article on the debt repayment industry click: Peddling Relief, Firms Put Debtors Deeper in Hole. by: Peter S. Goodman New York Times
If your Chapter 13 bankruptcy case does not propose to pay all creditors in full then you must surrender your Federal tax refund to the Chapter 13 Trustee. Our office can file a 'Motion to Retain' all or part of the refund and show to the Trustee or court that you need to keep the tax refund for items like tires, house repairs, medicals, moving, furniture etc ...
If you file chapter 13 then the IRS or Georgia Revenue cannot keep your tax refund for any tax year after your Chapter 13 is filed and apply them to years you owe before you file Chapter 13 bankruptcy. However, they can keep the refund to apply to years you owe after you file Chapter 13 bankruptcy.
Chapter 7 bankruptcy is different. If you owe for tax years due before you filed Chapter 7 bankruptcy and these are for tax years you cannot wipe out with the Chapter 7, then IRS will keep the tax refunds. There are too many reasons why you could or could not wipe out taxes with a Chapter 7. We would have to speak with you in order to determine what tax years a Chapter 7 bankruptcy would take care of. One rule is that if the income taxes are for any of the three tax years prior to your Chapter 7 bankruptcy, then you cannot wipe them out.
_______________________________________________________________________________ DEKALB COUNTY RECORD SEARCH
Directions:
1. The DeKalb County online system allows you to search for your suit or garnishment information by Case ID (case number) or by your name.
2. Once you are on the site you will click the Category List and select "Other Individual".
3. If you search using your name you will use last name, first name.
4. If you received one of our letters the case number will be in our letter. Enter the case number without dashes or spaces. 5. Also - you must be patient. The DeKalb system is slow and it can take 10-15 seconds to pull up the data.
6. Some DeKalb records have more detail than others.
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LEE LEGAL CLINIC, PC BANKRUPTCY LAW FIRMsince 1979404. 288.4444 DeKalb•Rockdale
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Lee Legal practices Bankruptcy Law, we are known as a bankruptcy attorney or consumer bankruptcy lawyer. Bankruptcy is also referred to as Debt Relief Bankruptcy, Total Bankruptcy, Georgia bankruptcy law. We give bankruptcy information to people looking to file Chapter 7 or Chapter 13 bankruptcy. Lee Legal Clinic PC is licensed to practice law in the state of Georgia. We file Chapter 7 and Chapter 13 bankruptcy in the Atlanta Bankruptcy Division which includes
ATLANTA Metro Georgia, and: CONYERS, COVINGTON, DECATUR, DOUGLASVILLE, JONESBORO, LAWRENCEVILLE, LILBURN, LITHONIA, McDONOUGH, REDAN, SCOTTDALE, SNELLVILLE, STONE MOUNTAIN, and the counties of: DEKALB,;CLAYTON, DOUGLAS, FULTON, HENRY, NEWTON, ROCKDALE.
Richard A. Lee is licensed to practice law in the State of Georgia.
Legal Disclaimer: We are a Debt Relief Agency. We assist people in filing bankruptcy pursuant to bankruptcy law and the bankruptcy code.
Information shown, contained or referred to in this website is not intended to be legal advice for anyone or directed to any person(s). It is a generalization of bankruptcy which is intended to cover a broad scope. It is not intended as legal advice to any person or persons ("person(s)") and is not an offer to represent any person(s) or file bankruptcy for any person(s). The Lee Legal Clinic PC ("Lee Legal") website may not apply to your situation or circumstances, you should contact our office or another attorney for specific advice on your situation. Unless you and Lee Legal have executed our employment contract we do not represent you.
Emails to and from Lee Legal, or any other form of communication, is not an offer of legal representation. You must come into our office and execute our employment contract in order to retain Lee Legal, or any of its employees, as your attorney. Lee Legal Clinic PC is a bankruptcy law firm. Richard A. Lee is a bankruptcy attorney who is licensed to practice in the State of Georgia. Photos and images are changed periodically and may or may not depict actual clients and staff of Lee Legal. Back to Top