Hello, this is Jeff Kelly. Today is October the 15th 2020. And today we’re going to talk about how Filing bankruptcy is not scary. A few weeks ago, I was at a large local hardware store and I watched a young father and his three year old son walked into the store. I was in the lightbulb section, and they walked right up next to me. The Father, let go of his son’s hand, and the son slowly started to walk away now, I’m 50 years old, and I’ve helped raise five kids. And I’ve developed some kind of sixth sense where I can detect when a drama episode is about to erupt from a child.
Three year old slowly walked away from the Father towards a group of Halloween decorative, which is for sale. And one of the witches had a lifelike size and a button beside it that said, press here. I bet you can guess what happens next. After the curious little boy press the button, which came to life and lent out some terrifying warnings along with some Halloween sound effects. As you can guess the little boys, a little boy belted out some shrill screams. And he was shaking with tears. His good father rush to his side and comfort him. Everything’s gonna be okay, so the good father there which is not real, she can’t hurt you. You’re safe in my arms. And much the same way. Many people are as terrified of bankruptcy as that sweet little boy was of the fake which, in my 22 years as a consumer bankruptcy attorney, I’ve seen some people do some crazy things to try to avoid the inevitable bankruptcy. Personally, I think the worst thing a person can do is drain the 401k retirement account. To make payments on credit card debt until the funds run out. Your 401 k is a protected asset. You get to keep all of it when you file chapter 7 and 99.99% of the cases. It’s frustrating to see people fruitlessly lose their retirement funds in an effort to avoid a clearly inevitable bankruptcy.
Another common bad move to avoid bankruptcy is to pawn the title of a car. When you miss your payments of a title upon the title of your vehicle transfers automatically under Georgia law. And as a consequence of this automatic transfer, Chapter 13 is not going to save you from the clutches of a title pawn creditor.
I want to talk a little bit now about more about this this fear of bankruptcy. My my friend Richard James has a saying that goes like this fear equals false evidence appearing real. And so what I want to address now are the most common fears about bankruptcy that are not real. The most common fear is that lawyers are scary and not easy to talk with. And this is certainly not true about myself, or the bankruptcy attorneys at my law firm. Check out our reviews on Google. And you’ll see this is true. We also have some testimonials as well on our YouTube channel. We understand we’re on your side. Another common fear is that you will never be able to get credit again after you file bankruptcy. Yes, chapter 7 bankruptcy will stay on your credit for 10 years. And Chapter 13 will stay on your credit for seven years. But that doesn’t mean you can’t get any credit during that time period.
The truth is that most people have no problem at all obtaining credit once their bankruptcy case is completed. Just ask your friends almost everyone has some connection to a friend or family member who has filed bankruptcy and recovered. If you are a lender, would you be willing to loan money to somebody who has a huge cloud of debt hanging over them and is going nowhere? Of course not. How about somebody who just completed their chapter 7 bankruptcy, and it was no one. If they had good income, how likely are they to obtain credit? Ask a car finance company because they make loans to people who have just obtained their chapter 7 discharge all the time.
Another irrational fear about bankruptcy is that some people believe the trustee is going to come to their house. I have filed thousands of bankruptcy cases and I have never heard of a trustee go into a person’s house to look at their stuff. There are always exceptions to the rule. But I’m sure it’s a rare case. When Evander Holyfield filed for bankruptcy. He had moved Millions of dollars worth of stuff. In his specific case that trustee had a duty to inventory his household items. In contrast, most people don’t possess anything of real true significant cash value. So what should you be afraid of? Well, personally, if you have financial problems, I think the thing you should fear the most is procrastination. If you put your head in the sand and ignore the problem, in Georgia, your creditors will obtain judgments against you. And in Georgia, they’re going to use these judgments to completely clean out your checking account and take 25% of your paycheck. In addition, if you have a house, they will put a lien on it.
Let’s talk about some other fears. The court hearing, there’s no need to be afraid of a court hearing. Currently, bankruptcy court hearings are virtual. And this reduces a lot of stress. This is about the only good thing I can think of that has come from COVID-19. And this may change once we find a cure for COVID-19 are the infection rate rate drops dramatically. But until then, I think this is the way it’s going to be for the foreseeable future. Even the signing the petition, we can do that virtually with a program called zoom. So you don’t you don’t actually have to ever come to my office. You don’t have to ever actually physically appear in court.
The bottom line is this. If you have financial issues, you should take advantage of a free consultation and talk to a bankruptcy attorney as soon as you can call us today at 770-881-8449.
Transcript: Hello, this is Jeff Kelly and Today is July 23 2020. Today we are going to talk about the five most important questions that you should ask before you decide to hire a bankruptcy attorney. There are some important questions that every consumer should ask before hiring a bankruptcy attorney. Hiring the right attorney will ensure that you get the best Fresh Start possible after completing your case. And after being a senior bankruptcy attorney in Georgia for over 22 years, I think I can offer some advice on this topic. First of all, you must ask How many years has this attorney practice consumer bankruptcy law. Of course, the longer the time the more training and experience he will have 10 years or more gives you a good probability that he’ll have specific legal knowledge to use in getting you the best outcome for your case. This specific knowledge not only relates to knowing the laws but also knowing the other lawyers judges and how they operate and being able to figure out the best strategy for your case. Secondly, you must ask, does this attorney limit her practice to consumer bankruptcy law? Do you want your attorneys caseload to include legitimising child, criminal law, handling divorces, child custody, real estate, firearms, reading wills and estates, probating estates and throwing for good measure consumer bankruptcy? I think not. Obviously, you would rather be represented by an attorney who limits his or her practice to consumer bankruptcy. Third, you must ask, how many bankruptcies has he handled? Obviously, you would rather have someone who has ...
Do-I-qualify-for-bankruptcy Hello, this is Jeff Kelly, and today is May the 25th, 2020 Memorial day. Today’s topic is, do I qualify for bankruptcy? This is probably one of the most common questions we get. The short answer is that almost everyone is going to qualify for some type of bankruptcy relief. But as we get into this, it’s important to understand the different types of bankruptcy. So the first one is one people are usually most interested in, that’s Chapter 7, where you wipe out all your debts. Many people like to refer to Chapter 7 as the fresh start provision or the bankruptcy code. To qualify for Chapter 7, you got to have no money left at the end of your budget after you pay all your monthly living expenses. In other words, at the end of every month, you are on zero. In addition, you got to pass what’s called the means test. To pass the means test, your family must have a monthly income that is lower than the average family of your size in your region as determined by the IRS. These numbers are updated every quarter. As of today, the means test limit for a family size of two, just to give you an example, in the North Georgia area, is $65,007 a year. So in other words, let’s say you got a family size of two and you’re making a hundred grand a year. You are way over the limit of $65,007. You’re probably not going to qualify for a Chapter 7. However, there are some deductions we get; health insurance, child support, alimony. So some of the stuff may come ...
Transcript: Hello this is bankruptcy attorney Jeff Kelly and Today is April the 24th 2020. Yesterday Bloomberg reported that major credit card companies are lowering credit limits because of this Corona outbreak. And what I want to talk about today in this podcast is why it is so important that you establish an emergency fund of cash for your family and not rely on a credit card to get you through rough times. I’ve heard many many clients say over the years that you know we’re that are filing Chapter 7 wiping out the debts we’re getting them a fresh start, and people will say I just cannot lose my credit card because I need the credit card. In case of an emergency, and that is a wrong way of thinking, in my opinion. What you need is cash in case of an emergency. Because if you’re relying on a credit card to help get you through a rough time, what are you going to do when the credit card company cuts your limit off and you can no longer use it? Credit cards are not and should never be considered your emergency plan the sole basis of your emergency plan, you need cash. So as we’re going through this tough time here, there are 26 million people who are unemployed today through no fault of their own because of this Coronavirus quarantine. So, what should a person do who has zero dollars in ...