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Transcripts: Is your vehicle in danger of being repossessed, or has been repossessed? If so, Cherney law can help you. Over the years, I've helped thousands of clients deal with vehicle repossession.
Oftentimes, it's unexpected expenses that cause people to fall behind on their vehicle payments. The real problem isn't making the payments going forward. Rather, it's getting the money together necessary to catch the payments up. Before you know it, you may be in danger of losing your vehicle. And we all know that, especially here in Georgia, your vehicle is absolutely essential.
Many people don't know that Chapter 13 bankruptcy can prevent a creditor from repossessing your vehicle if you've fallen behind on your payments. A chapter 13 allows you to propose a plan to pay back the amount owed on your vehicle over a period of three to five years. You may be able to pay back less than what you actually owe on the vehicle, depending on when your vehicle was purchased.
Not only can a Chapter 13 prevent a vehicle creditor from repossessing your vehicle if you have fallen behind on payments, but it may also allow you to get your vehicle back if it has already been repossessed. If this is the case, you need to act immediately.
If you've fallen behind on your vehicle payments, or your vehicle has already been repossessed, please contact my office. I offer a free consultation and am happy to speak with you about your vehicle repossession options.
Transcripts: A question I receive at least once a day is, "Should I file Chapter 13 or should I file Chapter 7?"
My reply to that question doesn't begin with, "how much debt do you have?" It's " What TYPE of debt do you have?"
Her is why this question is critical: There are certain debts that cannot be discharged or eliminated in a Chapter 7. The types of debt that cannot typically be discharged in Chapter 7 are child support, alimony, student loans and certain income tax debt.
Also, if you have a home mortgage or vehicle payment that you are behind on, and your goal is to keep your home or car, Chapter 7 isn't going to help.
So, if you have debts that are not dischargeable in Chapter 7, or you would like to protect your home or car, you may want to consider reorganizing your debts in a Chapter 13.
A Chapter 13 allows you to pay back an otherwise non-dischargeable debt, all while protecting yourself from a creditor that might be trying to collect that debt from you.
When it comes to protecting your home or car, Chapter 13 allows you to pay back the amount you are behind, sometimes at a reduced amount, all while protecting your home from being foreclosed and your vehicle from being repossessed.
Cherneylaw.com offers a free consultation and are happy to speak with you about whether Chapter 7 or Chapter 13 may be right for you based on your particular circumstances.
My name is Matthew Cherney. Attorney and owner of Cherney Law firm Georgia. I'm an attorney dealing strictly in bankruptcy in consumer debt related matters. A common question I receive is about wage garnishment. What is wage garnishment?
Wage garnishment here in Georgia is one of the most effective ways that a creditor can collect a judgment against you. If you have a judgment against you a creditor serves your employer with the
notice a garnishment and your employer at that point is obligated to withhold wages from your
paycheck. Depending upon your income it could be up to 25 percent
of your take-home pay then. Then the next common question is will how do I stop the garnishment? Bankruptcy is an option
bankruptcy can work
Bankruptcy can stop a garnishment bankruptcy can stop a garnishment immediately.
If you retain my services to file bankruptcy I will send notice not only
over to the garnishing creditor but also to your employer. Immediately upon receiving notice it is the creditors obligation to stop the garnishment and to take steps necessary to stop the
garnishment. If the creditor fails to do so they may be in violation of a court order
which may entitle you to damages. One thing I want people to know is that if you are being garnished
if you're finding it difficult to meet your monthly obligations. Bankruptcy does work bankruptcy is effective. You can visit my website at www.cherneylaw.com It has much more information
regarding garnishments regarding the bankruptcy process and how it might be right for you
Making the decision to file for bankruptcy can be extremely difficult, and is typically the last resort for an individual experiencing financial hardship. Ironically, bankruptcy can actually be the most responsible action you can take under certain circumstances. Alpharetta and Fulton County Attorney, Matthew Cherney, is sympathetic to the fact that a person who has consistently paid his or her bills in a timely manner and who has maintained an average or above-average credit rating can suddenly and unexpectedly stumble upon hard times. Whether it be a job layoff or a serious illness resulting in astronomical medical bills, significant life events can quickly lead to mounting debt. At Cherney Law Firm, we work closely with our clients to establish a plan of action to tackle your debt issues, and allow you to make a fresh financial start.
There’s no doubt that filing for bankruptcy, or even the thought of bankruptcy, incites a high level of stress and intimidation. We assure you that securing the guidance of an experienced, professional attorney such as Matthew Cherney will ease your anxiety almost immediately. When you consult with Cherney Law Firm, you’ll soon realize that bankruptcy is more common than you think. Simply knowing that you are not alone is comforting. There is no need to be overcome by feelings of shame and embarrassment. Mr. Cherney will accompany you on your journey to get back on your feet. His accessibility speaks to the degree of commitment he has to ensuring that his clients regain peace of mind. Available six days a week, Matthew Cherney further offers evening and weekend consultations by appointment.
Call Cherney Law Firm Alpharetta and Fulton County GA at (770) 485-4290 today to schedule a free initial consultation.
Cherney Law Firm has represented more than 2,000 clients, helping them improve their quality of life and reduce their financial burden. If you are looking for a bankruptcy lawyer that can guide you through the process of debt relief, our firm is ready to help you every step of the way. Feel free to call us at (770) 485-4290 today. Cherney Law Firm: Save your home and keep your car. Stop wage garnishment. Helping you get back on your feet.
Professional Associations, Awards and Certifications
• State Bar of Georgia
• Illinois State Bar Association
Our firm is dedicated to providing personal attention and counseling for all clients, from their initial consultation through the completion of their case.
Areas of Practice
Attorney Matthew Cherney, founder of Cherney Law Firm, obtained his Bachelor's Degree in 2000 from Carthage College in Kenosha, Wisconsin before going on to receive his Juris Doctorate from The Thomas M. Cooley Law School in Lansing, Michigan in 2004. Mr. Cherney now aims to provide personal attention and counseling for all his Alpharetta clients, working with them from their initial consultation all the way through the completion of their case. Having represented more than 2,000 clients since he began practicing law, Matthew has helped to improve the quality of life for many individuals and to decrease their financial stress.
At Cherney Law Firm, clients can expect to receive the highest quality legal representation alongside thoughtful counseling and attention to detail. Mr. Cherney dedicates his time to thoroughly investigating every possible avenue of debt relief for his clients before simply stepping into bankruptcy. He keeps his clients in the loop with every step taken, seeking to make each consumer that comes to him for legal aid as comfortable as possible.
Every year at tax time, I receive the same question, " Will my income tax refund be affected by filing bankruptcy?"
The answer to this question is going to depend on four main things:
Let's examining income tax refunds in a Chapter 13 bankruptcy.
If you receive your refund prior to filing chapter 13 and you've spent that refund, a bankruptcy trustee will most certainly inquire as to how those monies were spent.
Depending on how those monies were spent, you may be required to pay that money back to your creditors in your chapter 13 plan.
If you have not spent the refund, and it is in the form of cash, or in your bank account, it will be treated as an asset and subject to your state's exemption laws. This is when the value of your other property becomes critical because you are only able to exempt property up to a certain amount. To the extent that your property cannot be exempted, you may be required to pay that money back to your creditors in your chapter 13 plan.
If you receive an income tax refund while you are in chapter 13, nearly all chapter 13 plans require that at least a portion of that refund be paid into your chapter 13 plan.
Let's next examine income tax refunds in a Chapter 7 bankruptcy, keeping in mind some of the same rules.
If you receive your refund prior to filing chapter 7 and you've spent that refund, a bankruptcy trustee will inquire as to how those monies were spent, specifically if the monies were used to pay back any friends or family members.
If you have not spent the refund, and it is in the form of cash, or in your bank account, it will be treated as an asset and subject to your state's exemption laws. Similar to a chapter 13, to the extent that your property cannot be exempt, you may be required to pay that money into the bankruptcy estate for distribution to your creditors.