NEAR LAW FIRM - BANKRUPTCY DEBT RELIEF

Debt can feel like a trap with no exit — but federal bankruptcy law was designed specifically to give people a second chance. Whether you're facing economic pressures, business decline, foreclosure, wage garnishment, bank garnishment, litigation, monetary judgments, federal tax levies, or a mountain of medical bills, bankruptcy can provide debt relief by stopping the madness immediately and give you a clear path forward. 

Our Peachtree Corners bankruptcy attorneys have helped individuals and small businesses in several surrounding counties understand their options, protect their assets, and emerge from financial hardship with a plan.

Bankruptcy isn't failure — it's a legal tool, and millions of Americans have used it to rebuild. We approach every case without judgment, with complete transparency about costs, timelines, and what to expect. We'll tell you honestly whether bankruptcy is the right solution for your situation — and if it's not, we'll point you toward alternatives that may serve you better.

Our firm has helped clients from Peachtree Corners, Norcross, Duluth, Lawrenceville, Suwanee, across Gwinnett County and beyond navigate bankruptcy and come out stronger on the other side.

We file personal and business cases in both the U.S. Bankruptcy Court for the Northern District of Georgia and the Middle District of Georgia.  If you are being garnished, sued, or threatened with foreclosure, time is critical — contact us today before more of your assets are at risk. 

1. Chapter 7 Bankruptcy (Liquidation)

The fastest path to debt relief: most unsecured debts — credit cards, medical bills, personal loans, utility arrears — are discharged in 3 to 6 months. We ensure you keep every asset you're entitled to protect under Georgia's exemptions, and we guide you through the means test calculation to confirm eligibility. For many Gwinnett County families, Chapter 7 is a clean, efficient fresh start.

2. Chapter 13 Bankruptcy (Reorganization)

Repay what you can afford over 3 to 5 years based on your disposable income — and keep your home, car, and other secured assets. Chapter 13 is the right choice for homeowners facing foreclosure, individuals with non-exempt assets they want to protect, or those whose income disqualifies them from Chapter 7. At the end of the plan, remaining eligible debts are discharged.

3. Foreclosure Prevention

When you file Chapter 13, the automatic stay under 11 U.S.C. § 362 stops a foreclosure sale immediately — even if the sale is hours away. We structure your repayment plan to cure mortgage arrears over time so you can save your Peachtree Corners home. We have helped many families interrupt scheduled sales and remain in their homes.

4. Wage Garnishment Defense

Georgia law permits creditors to garnish up to 25% of your disposable income after obtaining a court judgment. Filing bankruptcy triggers the automatic stay under 11 U.S.C. § 362, which stops all wage and bank garnishments the moment your petition is filed with the court. We notify the necessary parties promptly after filing to ensure any garnishment ceases immediately.

5. Small Business Bankruptcy (Subchapter V / Chapter 11)

Business owners facing overwhelming debt have meaningful legal options. Subchapter V of Chapter 11 — enacted in 2019 — provides a streamlined, cost-effective reorganization path specifically designed for small businesses. It eliminates the creditors' committee requirement, reduces administrative costs, and allows the owner to retain equity while restructuring debt. We guide businesses through this process.

6. Debt Settlement Alternatives

Bankruptcy is not always the best answer for every situation. We counsel clients honestly about alternatives including direct creditor debt negotiation, debt management plans, judgment-proofing strategies, and state court defenses to collection lawsuits. If a non-bankruptcy solution better serves your interests, we'll tell you — and help you pursue it.

Step 1 — Free Bankruptcy Evaluation: 

We review your income, debts, and assets to determine eligibility and recommend the appropriate chapter. There is no initial cost and no obligation.

Step 2 — Document Gathering: 

We provide a clear, organized checklist — pay stubs, tax returns, bank statements, creditor lists — and help you compile everything efficiently without guesswork.

Step 3 — Petition Preparation: 

We prepare your bankruptcy petition, all required schedules, and the means test calculation with precision. Errors on your petition can cause case dismissal or trustee objections — accuracy matters.

Step 4 — Filing: 

We file your petition with the U.S. Bankruptcy Court for the Northern District of Georgia. The automatic stay under 11 U.S.C. § 362 takes effect immediately upon filing, stopping all collection activity.

Step 5 — 341 Meeting of Creditors: 

You attend a brief, typically 5-to-10-minute meeting with the trustee. We prepare you thoroughly in advance, so you know exactly what to expect and feel confident going in.

Step 6 — Discharge or Plan Confirmation:

In Chapter 7, your discharge typically arrives within 60 to 90 days of the meeting. In Chapter 13, the court confirms your repayment plan and you begin monthly payments to the trustee.

Step 7 — Fresh Start: 

We provide guidance on rebuilding your credit score, responsible use of credit after bankruptcy, and avoiding the financial pitfalls that may have contributed to the original hardship.

This is what most people think of when considering Chapter 7 bankruptcy. In this process, debt is wiped out by Court Order, allowing you to avoid repayment. Generally, individuals must "qualify" based on their household income and expenses to file for Chapter 7, but this is usually not a barrier for most people. Chapter 7 bankruptcy is utilized by individuals or entities, such as partnerships, corporations, or LLCs, who find themselves with no viable option to repair their financial situation.

Chapter 7 bankruptcy is designed to provide you with a personal "Fresh Start" by eliminating unsecured debt and freeing you from undesirable contracts, including mortgages, finance agreements, guaranties, and leases. You can maintain beneficial debt while eliminating harmful obligations. The law may allow you to keep most, if not all, of your property, although the trustee may sell other assets to pay creditors. Chapter 7 offers a discharge (or forgiveness) from many debts, but not all. It’s advisable to consult a bankruptcy attorney for specific details.

Typically, secured debts, such as those tied to a mortgage or car payment, can either be reaffirmed or relinquished. If you remain current on your mortgage or car payments, reaffirming the loan will allow you to retain ownership of the property. Conversely, if you choose not to keep the property, surrendering it is an option that can lead to the discharge of the debt. Most individuals with average income seeking debt relief through bankruptcy protection are eligible for Chapter 7 debt elimination. To explore your options, feel free to contact us today for your complimentary consultation.

A Chapter 7 can be filed by either an individual or a married couple in the district where you reside or where your principal assets are located. For our clients in the greater Atlanta area, cases are typically filed in the US Bankruptcy Court for the Northern District of Georgia, Atlanta Division, serving counties such as Cherokee, Clayton, Cobb, DeKalb, Douglas, Fulton, Gwinnett, Henry, Newton, and Rockdale. I am also authorized and have experience handling bankruptcy cases in the outer Rome, Gainesville, and Newnan Divisions of the Northern District. Additionally, I manage cases in the Middle District and have appeared in court in both Macon and Albany for such matters.

Chapter 13 - This chapter is designed for individuals with a regular income who are struggling with overwhelming debt. To qualify for Chapter 13, there are limits regarding the amount of debt you can have. This option allows the debtor to file a repayment plan lasting up to five (5) years, during which the debtor agrees to allocate a portion of their future income to a court-appointed trustee. This trustee will then begin distributing payments to creditors after the repayment plan receives court approval. It's crucial to start making payments within thirty days of initiating the case. If you're exploring debt relief options, consult a bankruptcy attorney to understand how Chapter 7 Bankruptcy or Chapter 13 may benefit your situation.

Your Home, Your Car, Your Wages, Your Savings, Your Investments, Your Retirement – all aspects that are crucial when considering if you need a bankruptcy attorney. If you're facing overwhelming debt, exploring Chapter 7 Bankruptcy may offer the debt relief you need to regain control of your financial future.

You don't have to face debt collectors, garnishments, or foreclosure alone. Our Peachtree Corners bankruptcy attorneys offer free, confidential consultations with no judgment and no pressure. We'll tell you honestly what your options are. Call 770-242-0850 or submit our online form to get your fresh start today. 

Personal bankruptcy cases require Consumer Credit Counseling and Debtor Education classes that can be taken online or over the phone.