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Filing for Bankruptcy in Atlanta..

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Filing for Bankruptcy in Atlanta..

In some circles, there is a perception that bankruptcy is a sort of "reset button" on your finances. The reality is a little more complicated than that. The structure of bankruptcy in the US changed in late 2005. Prior to that date, it was largely up to a bankruptcy judge's discretion as to whether or not you qualified. The new law puts more specific criteria on the debtor. You may be denied Chapter 7 if...

Your Income Is Too High

This includes wages, tips, salary, commissions, income from a business, royalties, income from rental properties, child support and spousal support, retirement income and even unemployment compensation, to name a few.

You Can Repay Your Debt

Maybe you don't think you can reasonably be expected to repay what you owe, but the courts may not see it that way. If your income is above the state median, then your disposable income will be weighed against a Chapter 13 repayment plan to see if you're able to repay your debt.

You've Filed Previously

If you've discharged a debt under Chapter 7 within the last eight years, or a Chapter 13 within the last six, then you are ineligible for Chapter 7. If you've filed and been rejected within the past 180 days, then you will be rejected again if your filing was rejected for violation of a court order, because it was deemed fraudulent or abusive of the court, or if you requested a dismissal yourself.

This is just a primer on why you might not meet the requirements for a Chapter 7 bankruptcy. There are a lot of potholes to trip over on the road to a successful filing. This is why you may need a Bankruptcy Lawyer in Atlanta has its own local legal system as well as state and federal law, and the right attorney can help you to navigate the minefield.

When looking for an Atlanta Bankruptcy Lawyer is home to attorneys who can walk you through the process and help you to get the results that you're after. With the right Bankruptcy Lawyer in Atlanta courts are much more likely to judge in your favor upon filing, ensuring that you won't be expected to repay debts that you can't reasonably handle.