If you have been negatively affected by COVID-19, there may be options available to you in order to keep your bankruptcy plan on track. You do not have to choose between putting food on the table and paying for bankruptcy.
Northwest Georgia Bankruptcy Lawyers
– Brandon Freeland
No Interest
True $0.00 Down to File
Court Filing Fees Included
Bankruptcy Law In Rome
The word bankruptcy is derived from Italian banca rotta, meaning “broken bench”. Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, like in Rome, Georgia, bankruptcy is imposed by a court order, often initiated by the debtor. Bankruptcy law firms like Bournakis & Mitchell focuses on helping individuals solve and repay their debts after they have suffered heavy losses.
Bankruptcy in the United States is a matter placed under federal jurisdiction by the United States Constitution (in Article 1, Section 8, Clause 4), which empowers Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States”. In the United States there were bankruptcy laws as early as 1800. While bankruptcy cases are always filed in United States Bankruptcy Court (an adjunct to the U.S. District Courts), bankruptcy cases, particularly with respect to the validity of claims and exemptions, are often dependent upon State law.
A debtor declares bankruptcy to obtain relief from debt, and this is normally accomplished either through a discharge of the debt or through a restructuring of the debt. When a debtor files a voluntary petition, their bankruptcy case commences. Bankruptcy lawyers like the attorneys at Bournakis & Mitchell, P.C.may work on behalf of debtors, which are the individuals or businesses who owe the debt or creditors aka the individuals or entities to whom a debt is owed.
There are six types of bankruptcy under the Bankruptcy Code, located at Title 11 of the United States Code:
- Chapter 7: basic liquidation for individuals and businesses; also known as straight bankruptcy; it is the simplest and quickest form of bankruptcy available
- Chapter 9: municipal bankruptcy; a federal mechanism for the resolution of municipal debts
- Chapter 11: rehabilitation or reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets; known as corporate bankruptcy, it is a form of corporate financial reorganization which typically allows companies to continue to function while they follow debt repayment plans
- Chapter 12: rehabilitation for family farmers and fishermen;
- Chapter 13: rehabilitation with a payment plan for individuals with a regular source of income; enables individuals with regular income to develop a plan to repay all or part of their debts; also known as Wage Earner Bankruptcy
- Chapter 15: ancillary and other international cases; provides a mechanism for dealing with bankruptcy debtors and helps foreign debtors to clear debts.
Take the First Step to Living Debt-Free
“The attorneys and team at this office are incredible! They are honest, knowledgeable considerate, and very pro-active. Although, my issues were small matters, I always felt important. I appreciate all the support they have given me and would recommend them to anyone looking for legal help.”
– Leslie Johnson
“Excellent! Awesome advice, communication, and just all around a very positive experience. My case was a little unique and Randall was the only one in north Georgia that would take it on. Long story short, we won. Thank you!!”
– Brandon Freeland
“I don’t write many reviews, but this team deserves 5 stars!! After many phone consultations, and even some other firms frankly blowing us off,I called Randall. We were in his office the NEXT day getting paperwork in order and filing our claim. Filing bankruptcy can be very nerve racking! Randall and his team made it feel effortless!!”
– Scott Misico
Frequently Asked Questions
Your debt and income levels are the main factors in qualifying for either a reorganization or liquidation.
How can bankruptcy eliminate my debt?
Bankruptcy is a unique process designed to help people get a fresh start after financial trouble. After completing your bankruptcy, you will receive what is called a discharge. The discharge is the mechanism that prevents creditors from ever collecting certain debts included in your bankruptcy.
Bankruptcy is a unique process designed to help people get a fresh start after financial trouble. After completing your bankruptcy, you will receive what is called a discharge. The discharge is the mechanism that prevents creditors from ever collecting certain debts included in your bankruptcy.
How does bankruptcy stop creditors from calling all of the time and harassing me? How does it stop a foreclosure or garnishment?
As soon as you file a bankruptcy, the Federal Court issues an order called the Automatic Stay stopping all actions by your creditors. Creditors cannot call you. Creditors cannot call your job. Creditors cannot call your family. Creditors cannot call co-signers. Creditors cannot sue you. Creditors cannot even write you. The Bankruptcy Court can and does punish creditors for violating its orders.
How can bankruptcy help me?
Bankruptcy can help you get out of debt. This debt can be eliminated through two different means. Filing for bankruptcy can eliminate the financial pressure on the debtor and allow them to regain control.
Northwest Georgia Bankruptcy Lawyers
FREE Consultation
Bankruptcy And Debt Consolidation