North Atlanta, Georgia
Personal Bankruptcy Attorney

Chapter 7 Bankruptcy • Chapter 13 Bankruptcy

If circumstances in your life have led to accumulation of debt beyond your ability to repay it, I can help protect you from creditors and escape from the financial burden. Whether your situation stemmed from a medical crisis, underemployment, divorce, or reliance on credit cards, filing for bankruptcy may be the answer to your troubles.

The Law Office of Timothy G. Cook in Marietta, Georgia has helped hundreds of individuals and families in the North Atlanta Metro area file for Chapter 7 or Chapter 13 bankruptcy protection. As a solo practitioner , I can give every client's case the close attention it deserves.

Chapter 7 Bankruptcy — You can still file!
Despite changes in the law, most debtors can still qualify for relief under Chapter 7 of the U.S. Bankruptcy Code. In Chapter 7 bankruptcy, you are allowed to discharge or "wipe out" most unsecured debt, including medical bills, credit card and charge card balances, even certain taxes.

If your petition is approved in bankruptcy court, you do not have to repay these debts. However, you should not attempt to file for Chapter 7 on your own. The new federal law passed in 2005 requires additional paperwork, and a complicated means test, and preparation best handled by an experienced Georgia bankruptcy lawyer.

There are many vague provisions in the new law and your Chapter 7 takes about 100 days from the date of filing. Most personal possessions are exempt from liquidation and the average person will not lose anything in bankruptcy. You could be asked to reaffirm any secured debts (a home mortgage, car loans), meaning you must keep making payments and pay any arrears. You can also choose to surrender these assets, in which case past due payments are discharged. Some debts, such as child support, student loans and recent taxes, are not discharged.

Chapter 13 Bankruptcy — Protection from creditors
In a Chapter 13 filing, also called a wage earner plan or reorganization of debts, you agree to repay a portion of your debts over a period of 3 to 5 years. The amount of your monthly payments depends on your income and expenses, often 10 to 50 cents on the dollar. As long as you keep up with the payments, any remaining debt is discharged.

Chapter 13 cases are complicated. Chapter 13 is typically used to avoid foreclosure on your house. Trustees want you to commit to pay every available dime to fund your plan. You need good legal representation from an attorney who is still around to handle your case three years later.

As soon as you file under Chapter 13 (or Chapter 7), you are granted an automatic stay against creditors — they can no longer harass you with calls to your home or workplace, and must halt legal actions such as turning you over to a collection agency, garnishment of wages, foreclosure on your house, or repossession of your car. If the creditor continues to go after you, we will go after the creditor for violating the automatic stay.

What About My Credit?
If you are filing for bankruptcy, you doubtless have a bad credit rating already. I help clients plan for post-bankruptcy, so that they can more quickly rebuild good credit. A bankruptcy stays on your record for 7 to 10 years, but after a year or two has little impact on your credit rating or ability to borrow. It is imperative that you come out of this with the ability to get back on your feet financially.

Why Timothy G. Cook?
I have practiced bankruptcy law since 1997 and stay abreast of changes in laws and polices regarding bankruptcy. I can help clients avoid common pitfalls that will result in rejection of their bankruptcy petition or default on a Chapter 13 plan. For instance, it is not wise to transfer assets, charge additional expenses, or alter you tax withholding prior to a bankruptcy filing.

I will explain all the details of personal bankruptcy in a free initial consultation. Life is too short to be saddled forever with massive debt. Contact an experienced Atlanta bankruptcy attorney today to get a fresh start.

We are a debt relief agency. We help people file for bankruptcy relief
under the Bankruptcy Code.

The Law Offices of Timothy G. Cook represent clients in the North Atlanta Metro area, including Woodstock, Dallas, Acworth, Kennesaw, Canton, Roswell, Cartersville, Sandy Springs, Smyrna, and communities in Cobb, Paulding, Bartow, and Cherokee counties.

Timothy G. Cook, Attorney at Law
1820 The Exchange, Suite 150
(near Windy Hill Road and I-75)
Atlanta, GA 30339-2096
Phone: (770) 952-5000, ext. 13
Fax: (770) 955-6173