Van Wieren Law Firm, LLC - Atlanta Bankruptcy Matters

This Blog Has Moved To A New Home

2010-03-20T18:06:00.000-04:00

http://vanwierenlaw.com/bankruptcy-blog/

PRESS RELEASE

2010-02-21T19:19:00.004-05:00

FOR IMMEDIATE RELEASE

PR Log (Press Release) – Feb 09, 2010 – Angel Van Wieren, daughter-in-law of famous former announcer for the Atlanta Braves, Pete Van Wieren, announces the opening of Van Wieren Law Firm, LLC, specializing in Atlanta Bankruptcy Law. Van Wieren Law Firm, LLC began operations in Atlanta in the Fall of 2009, specializing in Chapter 7 and Chapter 13 bankruptcy matters.

Angel has experience in successfully representing small business owners, single mothers, college students, real estate investors and the elderly in bankruptcy matters. She regularly attends continuing education classes to ensure she is current on the most recent developments in consumer bankruptcy law and Atlanta bankruptcy cases.

Angel grew up in Sarasota, Florida and moved to Atlanta in 2003. She graduated from Atlanta's John Marshall Law School (J.D., 2008), Florida Gulf Coast University (B.S. C.L.S., 2000), and Manatee Community College (A.A. Pre-Med., 1998). Angel maintained full-time or part-time employment during her college studies, and now lives in Atlanta with her husband, Jon Van Wieren.

During law school, Angel interned with the Federal Public Defender, and the Honorable Judge Brenda Cole, State Court of Fulton County. In addition, she mentored first year law school students with legal research and writing as a Dean's Fellow, and was a research assistant to Professor Jeffrey Van Detta on Labor and Employment issues.

Angel was recognized by Atlanta's John Marshall School for her Outstanding Service to College and Community. Angel was recognized by the Atlanta Bar Association Labor and Employment Law Section as an Outstanding Labor and Employment Law Student of the Year. Angel was also recognized by Georgia Association for Women Lawyers (GAWL) as an Outstanding Law Student of the Year, and with the Visionary Award.

Angel is a member in good standing of the State Bar of Georgia, U.S. District Court, Northern District of Georgia, and National Association of Consumer Bankruptcy Attorneys.

For more information about Atlanta bankruptcy or Van Wieren Law Firm, LLC and their services, visit http://www.vanwierenlaw.com/ or call 404.680.7010.

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Van Wieren Law specializes in Chapter 7 & Chapter 13 bankruptcy law for clients in the Atlanta metro area. They have successfully represented small business owners, single mothers, college students, real estate investors and the elderly regarding bankruptcy matters. Angel Van Wieren offers her clients respect and unparalleled compassion, while working hard on their behalf to represent them in bankruptcy matters. For more information about Atlanta bankruptcy or Van Wieren Law Firm , LLC and their services, visit www.vanwierenlaw.com or call 404.680.7010

http://prlog.org/10526416

What If I Forgot To List A Creditor In My Bankruptcy Petition?

2010-02-21T18:28:00.001-05:00

As part of supplying the necessary documents to your bankruptcy attorney in Atlanta before your case is filed, you will be asked to get a copy of your credit reports. (We always suggest that you try to obtain free credit reports from http://www.annualcreditreport.com/) You have an obligation to the Bankruptcy Court to disclose all of your debts in your petition, regardless of whether you want to continue to pay a debt after filing (ex: house or car payment).

It is crucial to critic your credit reports for accuracy before supplying them to your bankruptcy attorney. Did you know that each credit report may not list same debts? The reason is because a creditor pays a credit reporting agency (Equifax, Experian, Transunion) to list a debt on the report. Every creditor may not pay each reporting agency to list a debt.

If one of your creditors slips through the crack, and is not disclosed in your petition you can add that debt to your petition provided that the debt was incurred before your case was filed with the Bankruptcy Court. As you can expect, the Court charges a fee to add the creditor, and your bankruptcy attorney in Atlanta will also likely charge a fee. Therefore, it is in your best interest to ensure all your debts are disclosed in the petition before it is filed with the Bankruptcy Court.

Please give me a call if you would like to schedule a FREE consultation (404) 680-7010.

Van Wieren Law Firm, LLC - your Atlanta bankruptcy attorney.
http://www.metroatlantabankruptcy.com/

I Need Help But I Don't Want To Hurt My Credit Score.

2010-02-17T18:54:00.001-05:00

Let's put things into perspective. Your credit score is a number that tells your creditors whether you are in a position to incur new debt based on the amount of debt you have outstanding, among other factors. If you don't want to incur new debt, then why are you so hung up on your credit score?

To be blunt, your credit score is going to take a serious hit after you file for bankruptcy protection. OK, so you won't be able to incur new debt immediately (which actually isn't a completely true statement, more on that later in another posting), but you will be out of debt, your check will no longer be garnished, all of which means you have financial freedom! The financial freedom to save money, and buy things that you want with cash instead of on credit. Shhhh, the credit reporting agencies will not be happy to hear that!

You are reading this because you are dealing with financial hardships. Let's fix those problems and ignore the social mantra, "what about my credit score?"

Call me today to schedule a FREE consultation. (404) 680-7010

Van Wieren Law Firm, LLC - Atlanta Bankruptcy Lawyer
http://www.metroatlantabankruptcy.com/

Can I Keep My Tax Refund If I File For Bankruptcy Protection?

2010-02-06T16:55:00.007-05:00

It's that time of the year when people use their tax refunds to file for bankruptcy protection, or to get ahead after their bankruptcy case has been discharged.

Whether you can keep your tax refund depends on questions that you should be prepared to answer before your case is filed with the bankruptcy court in Atlanta.

WHEN DID YOU RECEIVE THE REFUND?

CHAPTER 7 BANKRUPTCY

If you received the refund before your case was filed, then use the refund to pay your normal monthly expenses and your bankruptcy attorney. If any portion of your tax refund remains after you pay those expenses, see the discussion below about exemptions.

CHAPTER 13 BANKRUPTCY

If you received your refund before your case was filed, you should be able to keep the refund. However, if you received the refund after your case was filed the IRS will likely send that refund to your Chapter 13 Trustee. The Chapter 13 Trustee will then apply that refund to your case.

HOW MUCH IS THE REFUND?

CHAPTER 7 BANKRUPTCY

During the preparation of your bankruptcy petition, you will itemize all of your personal property that has value. Each piece of your property is then protected with "exemptions." The available exemptions are limited. For example, the motorized vehicle exemption in Georgia is $3,500 for a single filer. What happens if you have more than $3,500 of equity in your motorized vehicle? We would use the "wild card exemption," which is $5,600 for a single filer. There is no specific exemption for a tax refund, so we would use the wild card exemption to protect your refund. If your refund is less than $5,600, then the refund should be protected from the Court's control. If your refund is above $5,600 the Chapter 7 Trustee will likely take your refund for the benefit of your creditors. As you can imagine, there are many exceptions and caveats to this general explanation. Contact us for more information.

CHAPTER 13 BANKRUPTCY

If you received your refund after your case was filed, your refund will go directly to the Chapter 13 Trustee.

You deserve a fresh start! Use your tax refund to make 2010 a debt free year! Call Angel today for a FREE consultation (404) 680-7010.

Van Wieren Law Firm, LLC - Atlanta Bankruptcy
http://www.metroatlantabankruptcy.com/

Can I Still Get Student Loans?

2010-01-31T16:52:00.006-05:00

If you are receiving, or expect to receive, student loans from the Federal Government, such as Stafford Loans, then bankruptcy should not affect your ability to receive loans. One result of filing for bankruptcy protection may be that you have to complete another FAFSA (Free Application for Federal Student Aid) form. You should get in touch with your financial aid counselor at your school to determine what steps may be necessary to continue to receive Federal Government loans after you file.

If you are receiving, or expect to receive, credit based student loans, such as Grad Plus Loans, then you will likley need a co-signer to receive future loans. The reason for this extra requirement is because your filing will be reflected on your credit reports.

Van Wieren Law Firm, LLC - Atlanta Bankruptcy
www.metroatlantabankruptcy.com

Where Is The Bankruptcy Court Located In Atlanta?

2010-01-27T09:00:00.003-05:00

If your bankruptcy case is filed in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fulton, Gwinnett, Henry, Newton, or Rockdale County, your 341 Meeting of Creditors Hearing ("Hearing") will take place in the Richard B. Russell Federal Building located 75 Spring St., SW, Atlanta, Georgia 30303 in downtown Atlanta. All Hearings are conducted on the third floor of the Courthouse. (Please note that construction will be taking place on the third floor starting in February 2010. During the construction, all Hearings will be conducted on the Plaza Level (Spring Street level entrance).)

DIRECTIONS TO RICHARD B. RUSSELL FEDERAL BUILDING AND COURTHOUSE

HEARING ROOMS
Currently, there are three Hearing rooms for Chapter 7 cases and one Hearing room for Chapter 13 cases. Your Hearing room is assigned at the time your case is filed and is disclosed on the Notice the Court sent to you, and in the email you received from Van Wieren Law Firm, LLC shortly after your case was filed. Inside the Hearing room there is a table for the Trustee and approximately 10-15 chairs for you to wait until your case is called. The Hearing rooms are not private, but are normally filled with people waiting for their case to be called by the Trustee. When your case is called, we move to the table where the Trustee is seated.

For more information about what questions to expect from the Chapter 7 Trustee in Atlanta, follow this link: http://vanwierenlaw.blogspot.com/2009/10/questions-you-should-expect-from.html

Van Wieren Law Firm, LLC - Atlanta bankruptcy.
www.metroatlantabankruptcy.com
P: (404) 680-7010

How Do I Value My Personal Property?

2010-01-26T16:47:00.003-05:00

During the preparation of your bankruptcy petition, you will be required to value your personal property, including clothing, household goods, hobby equipment, books, computer equipment, among other personal property. The custom in valuing your personal property is to use garage sale value or pawn shop value.

The custom for valuing your clothing is garage sale value. For example, if you put all of your clothing outside on a Saturday morning, how much would you get for all of it during a garage sale? That is the value you use on Schedule B of your bankruptcy petition.

The custom for valuing your jewelry is pawn shop value. For example, if you take all of your jewelry to the local pawn shop, how much cash will you walk out of the store with? That is the value you use on Schedule B of your bankruptcy petition.

Once the value of the property is disclosed, we will use the allowable exemptions under Georgia law to protect as much of the property as possible. In most situations, your clothing, household goods, hobby equipment, books, computer equipment, among other personal property will be exempt, or protected from court liquidation.

Van Wieren Law Firm, LLC - Atlanta Bankruptcy
www.metroatlantabankruptcy.com
P: (404) 680-7010

What Debts Can I Exclude From My Filing?

2010-01-18T07:00:00.001-05:00

The short answer is none.

When we attend your 341 Meeting Of Creditors Hearing in downtown Atlanta, the bankruptcy Trustee will ask you under oath if all of your debts were included in your bankruptcy petition.

Just because a debt is included in your petition does not mean you cannot continue to pay on that debt. For example, if you have an auto loan, that creditor must be included in your petition. The disclosure of the debt does not mean you cannot keep the car. If you continue to make timely monthly payments, the creditor likely will continue to recognize the pre-filing contract and allow you to keep the car. This is likely the same result with a mortgage loan.

In summary, all of your debts must be included in your bankruptcy petition before it is filed in the Northern District of Georgia, including student loans, auto loans, mortgage loans, medical bills, and any other debts you are legally obligated to pay.

Please call us today to schedule a free consultation (404) 680-7010.

Van Wieren Law Firm, LLC - Atlanta Bankruptcy
www.metroatlantabankruptcy.com

Bankrupty and Holiday Credit Card Spending

2009-12-16T18:46:00.003-05:00

If you are considering filing for bankruptcy protection, here are some considerations to think about before you use your credit cards to fund your holiday spending.

Credit card charges made before filing for bankruptcy protection may raise a presumption of fraud. Your creditors may object to the discharge of those credit card charges. If a creditor does successfully object, those charges will survive your bankruptcy discharge and you will be responsible for that debt.

Any cash advances or use of credit card convenience checks made before filing for bankruptcy protection may also raise a presumption of fraud. Your creditor(s) also have the right to object to the discharge of these types of debt.

The lesson here is if you are planning to file for protection under the U.S. Bankruptcy Code, stop using your credit cards now. If you are suddenly facing the prospect of bankruptcy, and have made recent credit card charges or cash advances, all hope is not lost. It just means you need to develop a strategy with an experienced bankruptcy attorney.

Schedule a free consultation today to develop a strategy to deal with these types of scenarios. (404) 680-7010

Van Wieren Law Firm, LLC - Atlanta Bankruptcy
www.metroatlantabankruptcy.com

Will Filing For Bankruptcy Stop Check Garnishment?

2009-11-09T10:00:00.003-05:00

Yes. Both Chapter 7 and Chapter 13 bankruptcy filings will stop garnishments (unless the garnishment is related to child support obligations).

The first step is to file your bankruptcy petition. The second step is to notify your employer and opposing counsel of the filing, which gives them notice required under Federal Bankrutpcy law.

We can not predict how long it will take for a garnishment to stop. It can be as quickly as your next check, or as long as a few months. The reason for the delay is because we are relying on other people to feel the urgency to restore your full paycheck.

The lesson here is -- meet with a bankruptcy attorney before your check is garnished, and formulate a plan to get your petition filed as quick as possible to protect you from your creditors.

Call us today to schedule a free confidential consultation (404) 680-7010.

Van Wieren Law Firm, LLC - Atlanta Bankruptcy
www.metroatlantabankruptcy.com

What Is A Reaffirmation Agreement And Should I Sign It?

2009-11-06T12:00:00.003-05:00

A Reaffirmation Agreement is a contract that was presented by one of your creditors that you and your attorney sign after your bankruptcy petition has been filed with the court. The legal effect of signing the Reaffirmation Agreement is that the personal liability that was released from you, by way of filing for filing for bankruptcy protection, reattaches to you.

For example, say you have a car loan that was listed in your bankruptcy petition. When your petition is filed with the court, the creditor can no longer sue you to collect on that car loan. Of course, the creditor could repossess the vehicle if you do not make timely monthly payments, but the creditor cannot sue you for the balance on the loan. This is a huge benefit of filing for bankruptcy protection! This benefit is extinguished if you sign a Reaffirmation Agreement, and that Agreement is filed with the court. Why? Because you signed (executed) and filed a post-filing contract, which reattaches liability to you. If your car gets repossessed after you sign the Reaffirmation Agreement, the creditor now has rights to sue you for the deficiency on your car loan.

Our take on Reaffirmation Agreements is they only benefit creditors, not you! Remember the goal of filing for bankruptcy protection is to get you a "fresh start." By signing (executing) a Reaffirmation Agreement, you are taking debt into your new financial life.

The lesson of all of this is --- consult with your attorney before you sign any contracts after you file for bankrutpcy protection.

Visit our website for more information about the benefits of filing for bankruptcy protection. www.vanwierenlaw.com

Van Wieren Law Firm, LLC - Atlanta Bankruptcy

Who Is This "Trustee" Person You Speak Of?

2009-11-05T17:00:00.003-05:00

The Trustee plays a role in every bankruptcy case. He or she is not required to be an attorney. The Trustree's role is to protect your creditors. Think of the Trustee as the intermediary between: (1) you and your attorney; and (2) the Judge.

Chapter 7 Bankruptcy In Atlanta
When you attend your Chapter 7 341 Hearing at the Richard B. Russell Federal Building in downtown Atlanta, you and your attorney will meet with the Chapter 7 Trustee in a hearing room. The Trustee will review your assets as disclosed in your petition for purposes of determining if any of your property is unexempt, or unprotected. If your assets are unprotected, the Trustee may order that your property be sold for the benefit of your creditors.

Please email us with suggestions for our next blog post angel@vanwierenlaw.com

Van Wieren Law Firm, LLC - Atlanta Bankruptcy

High Museum of Art Free For Fulton County Residents

2009-11-05T12:35:00.000-05:00

On the first Saturday of each month, the High Museum of Art in Atlanta, Georgia offers free entry to Fulton County residents. You must show proof of residency. Your free entry includes viewing current special exhibitions and the Permanent Collection. This offer is available for walk-up ticket purchases only.

The current exhibitions include the works of Leonardo da Vinci until February 21, 2010.

Do I Qualify To File Under Chapter 7? Take This Quick Means Test Calculator!

2009-11-05T11:54:00.003-05:00

Nolo.com's bankruptcy means test calculator, available here, allows you to make a quick preliminary determination about whether you qualify to file under Chapter 7. Remember, this tool should not be used to make the final determination of whether you qualify to file under Chapter 7. Consult with your attorney for more information about additional deductions that are available which may help you qualify.

Georgia Means Test Calculator

Atlanta's Means Test Calculator

Call us today to schedule a free consultation so we can discuss what other deductions will help you to qualify under Chapter 7. (404) 680-7010. www.vanwierenlaw.com

Will The Trustee Take My Car?

2009-11-05T11:27:00.001-05:00

A common misconception in bankruptcy is that you must give up everything you own. If you are filing under Chapter 7, the Trustee's narrow focus is the amount of equity you have in your property. Equity is the difference between the amount you owe and the value of the property.

For example, if you owe $15,000 on your 2005 Toyota Corolla and the car is only worth $9,000, you have negative equity. If you owe $15,000 on your 2009 Toyota Corolla and the car is worth $19,000, you have $4,000 of equity.

If you do not have equity in your property, the Chapter 7 Trustee is not going to be interested in your property, for purposes of selling that property for the benefit of your creditors. Why? Because there is no monetary benefit to your creditors by selling the property because there is no equity, or available money.

If you do have equity in your property, ask your attorney if the equity is below Georgia's allowable exemption levels. If you have equity in your property above the exemtion levels, the Chapter 7 Trustee may attempt to sell your property for the benefit of your creditors.

In Georgia, the motorized vehicle exemption level for a single-filer is $3,500. What this means is if the equity in your car is less than $3,500. and your attorney uses Georgia's motorized vehicle exemption, your car is protected from the Chapter 7 Trustee's control, and you can keep your car.

The best case scenario, for purposes of bankruptcy, is that you have negative equity in your car. The standard for valuing your car in the Northern District of Georgia is using Kelly Blue Book, NADA, or some other similar online resource.

We offer free, confidential consultations if you need information about your unique circumstances. (404) 680-7010 Email us with suggestions for our next blog post angel@vanwierenlaw.com

Why Won't My Bankruptcy Attorney Accept Payments?

2009-11-02T17:00:00.003-05:00

When you file for bankruptcy protection, you must disclose all of your creditors in your petition. A creditor is someone to whom you owe money at the time of your filing. If you owe your bankruptcy attorney money when your case is filed, he or she becomes a creditor.

The ultimate goal for most people who file for bankruptcy protection, is to get their debts discharged, or ordered uncollectable by the Judge. When your discharge is ordered, the money you owe your bankruptcy attorney that was disclosed in your petition is uncollectable. Which means, your attorney cannot ask or demand you pay the debt after your case is filed with the court. If he or she does ask or demand that you pay the debt, you can sue your attorney for violation of the Fair Debt Collections Practice Act (FDCPA).

Here are some other examples of practices by bankruptcy law firms that violate FDCPA, and would entitle you to a monetary award: (1) cashing post-dated checks after your case was filed; (2) sending you a collection letter after your case was filed; and/or (3) calling you and demanding payment after your case was filed.

There are many bankruptcy firms here in Atlanta that practice all of the unlawful debt collection practices detailed above. I will not name them all with the hope they conform their practices to the law before this article is posted. I will say, one of the largest filers of bankruptcy petitions in Georgia, was sanctioned over 1 million dollars last week.....

I hope this helps you to understand why Van Wieren Law Firm, LLC will not set-up a payment schedule with you that extends beyond your bankruptcy petition filing date.

If you have been a victim of unlawful debt collection practices by your bankruptcy attorney, contact us today for a free consultation (404) 680-7010.

Van Wieren Law Firm, LLC - Atlanta Bankruptcy

Questions You Should Expect From the Trustee at 341 Meeting of Creditors

2009-10-14T10:35:00.009-04:00

Most of you have never been inside of a courthouse, much less a Federal courthouse where a stranger will be asking you questions about your personal affairs. You are required to attend the 341 Meeting of Creditors hearing, which usually takes place 4-5 weeks after your case is filed, at which time the Trustee assigned to your case will be asking you questions about your assets and debts.

Here are the types of questions you may expect the Trustee will ask during the 341 Meeting of Creditors:
1. State your name and current address for the record.

2. Have you read the Bankruptcy Information Sheet provided by the United States Trustee? (You received a copy of this Sheet when you and I met for your free consultation.)

3. Did you sign the petition, schedules, statements, and related documents you filed with the court? Did you read the petition, schedules, statements, and related documents before you signed them and is the signature your own?

4. Please provide your picture ID and social security number card for review.

5. Are you personally familiar with the information contained in the petition, schedules, statements and related documents?

6. To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?

7. Are there any errors or omissions to bring to my, or the court's, attention at this time?

8. Are all of your assets identified on the schedules?

9. Have you listed all of your creditors on the schedules?

10. Have you previously filed bankruptcy?

11. Do you own or have any interest whatsoever in any real estate? When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value?

12. Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)?

13. Does anyone hold property belonging to you? Who holds the property and what is it? What is its value?

14. Do you have a claim against anyone or any business? Are you the plaintiff in any lawsuit?

15. Are you entitled to life insurance proceeds or an inheritance as a result of someone's death?

16. Does anyone owe you money? Is the money collectible? Why haven't you collected it? Who owes the money and where are they?

17. Have you made any large payments, over $600, to anyone in the past year?

18. Are you the owner of any cash value life insurance policies?

19. Have you been engaged in any business during the last six years? Where and when? What happened to the assets of the business? Is the debtor owed any outstanding accounts receivable? From whom? Are they collectible?

Keep in the mind the Trustee's narrow focus during questioning, and how that focus is different for Chapter 7 and Chapter 13 Trustees. The Chapter 7 Trustee is trying to find assets of yours that are unexempt, or unprotected, so he or she can sell those assets and distribute the funds to your creditors. The Chapter 13 Trustee's focus is on the details of your monthly income and expenses for purposes of determining his or her stance on your projected monthly Plan payment. Therefore, the questions outlined above may not be asked in every Chapter 7 and/or Chapter 13 case, but they provide a good sample of the types of questions you may experience at the 341 Meeting of Creditors.

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Van Wieren Law Firm, LLC - Atlanta Bankruptcy
http://www.vanwierenlaw.com/

If My Husband Is Not Filing With Me, Will His Credit Be Hurt?

2009-10-13T15:47:00.003-04:00

This question is common for individual filers who are married. Bankruptcy effects your credit by way of your social security number being disclosed in your bankruptcy petition, which is then reported to the credit records. If your spouse is not filing for bankruptcy protection, then your spouse's social security number will not be disclosed in the petition. This means the non-filing spouse's credit records should not be effected.

If joint debts exist between the filing and non-filing spouse, contact our office to schedule a free consultation, at which time we can answer your questions based on your unique set of facts.

(404) 680-7010
Van Wieren Law Firm, LLC - Atlanta Bankruptcy
http://www.vanwierenlaw.com/
http://www.avvo.com/attorneys/30306-ga-angel-jacobs-1843565.html

Georgia's Means Test Median Income Threshold Changing on November 1, 2009

2009-10-10T13:52:00.003-04:00

To qualify to file under Chapter 7 of the U.S. Bankruptcy Code, your household's income must be under Georgia's median income threshold on the Means Test.

Here are the median income thresholds in Georgia until October 31, 2009:
Household size of 1 - $40,760
Household size of 2 - $54,054
Household size of 3 - $61,958
Household size of 4 - $71,554

On November 1, 2009, the Georgia median income thresholds will change as follows:
Household size of 1 - $40,691 (decrease)
Household size of 2 - $55,258 (increase)
Household size of 3 - $61,104 (decrease)
Household size of 4 - $68,502 (decrease)

Median Threshold Figures as of November 1, 2009.

If you are considering filing for bankruptcy protection under Chapter 7, please contact us today for a free consultation BEFORE the Georgia threshold figures change, which may affect your eligibility.

(404) 680-7010
Van Wieren Law Firm, LLC
http://www.vanwierenlaw.com/

Information You Need To Know About Your Meeting Of Creditors Hearing

2009-10-09T08:00:00.012-04:00

John Hilla, Esq., author of Michigan Bankruptcy Lawyer blog recently posted a blog about the proper attire for your Meeting of Creditors hearing. That article got me thinking about other things you should consider before your Meeting Of Creditors hearing in Atlanta.

When Will My Meeting Of Creditors Hearing Be Scheduled?
Your hearing will be scheduled approximately four weeks after your petition is filed with the court.

What Time Should I Arrive?
You should plan to meet your attorney on the third floor of the Richard B. Russell Federal Building in downtown Atlanta at least 30 minutes before your scheduled Meeting Of Creditors hearing. Plan to leave enough time to find a parking spot, and maneuver through security. If your cellphone has a camera, leave it in the car to avoid additional delays at the security checkpoint.

What Do I Need To Bring With Me?
Bring your state issued identification and proof of your social security number. The best way to prove your social security number is with your social security card. An original W-2 issued by your employer may substitute for your social security card. You do not need to bring anything else with you, unless directed to do so by your attorney.

What Should I Expect?
The Meeting Of Creditor hearing rooms at the Federal Building in Atlanta are not private. You should expect there will be more than a few people in the same room with you waiting for their name to be called by the Trustee. When the Trustee calls your name, you and your attorney will move the table at the front of the room to be questioned by the Trustee under oath. You, not your attorney, will answer all questions posed by the Trustee. The Trustee's questions are based on the information contained in your Petition. You should plan to review your petition the night before your hearing to reacquaint yourself with its contents.

A Judge will not be present during your hearing, and your hearing will not be in a courtroom. Creditors have the right to attend your hearing and ask you questions about your debts, however this is a rare occurrence. Your hearing should last approximately 10 minutes.

Will I Have To Go Back To Court?
If you filed under Chapter 7, the Meeting Of Creditors hearing should be your only required court appearance. If you filed under Chapter 13, you will be required to attend your Confirmation Hearing, which is approximately four weeks after the Meeting Of Creditors hearing.

Please contact us if you would need to discuss the unique facts of your case. We look forward to assisting you.

(404) 680-7010
Van Wieren Law Firm, LLC
http://www.vanwierenlaw.com/

Stay Informed! Get A Copy Of Your Credit Reports And Credit Score For FREE!

2009-10-08T16:20:00.002-04:00

If you need or want a copy of your credit reports, as a Georgia resident you are entitled to a FREE copy of all three credit bureau reports twice a year. Annual Credit Report makes it easy to get all three credit reports in one visit to their website. You should mark your calendars reminding you to pull your credit reports every six months for purposes of detecting identity theft and to ensure creditors are properly reporting your debts.

You will be required to pull your credit reports before filing for bankruptcy protection with us. It is also advisable to pull all three credit reports after your case has been discharged to ensure all debts are properly classified as discharged, if applicable.

If you are interested in your credit score, which creditors use to determine your credit worthiness, there is an interesting story in the Wall Street Journal. Until recently, you had to pay for your credit score. According to the recent WSJ story, there are several websites that allow you to get your credit score for FREE.

Loan Modification - Should You Pay For The Service?

2009-10-02T17:23:00.004-04:00

I received a phone call today asking for assistance with an unresponsive loan modification company hired for a $1,600.00 down payment. The remainder of the $1,600.00 balance was due at some point to be determined when caller had seen results from the loan modification company--i.e., October scheduled foreclosure sale stopped. The house is scheduled to be sold on the steps of the Fulton County Courthouse on Tuesday.

Today, the loan modification company says the foreclosure has been removed from Tuesday's calendar, and demanded the remaining balance be paid in full. Caller has been unable to verify the foreclosure sale was removed from Tuesday's calendar, or rescheduled, and is refusing to pay the remaining balance until asserted results are verified.

After researching this same loan modification company on the internet, I found they had numerous complaints published by consumers with allegations of no foreclosure prevention assistance, even after the company was paid in full. Florida's Attorney General has received several complaints about this same loan modification company, but has not started a formal investigation.

I'm always been skeptical of paying for loan modification services, when there are plenty of non-profit companies that will assist you for free. For example, consider Hope Now, NACA, Atlanta Legal Aid, and other smaller organizations based in some of Atlanta's neighborhoods.

If you are considering applying for a loan modification, please be skeptical of any company that is charging you for a service that you can do, or can be done by a non-profit organization. If you insist on paying for the modification service, verify their record of service with Georgia's Attorney General, the Bettter Business Bureau, Georgia's Secretary of State, and any other service you can find.

You Are Not Alone. There Are More Than One Million People Just Like You!

2009-10-02T16:46:00.005-04:00

The American Bankruptcy Institute reported today that 1,046,449 consumer bankruptcy cases have been filed in the U.S. since January 2009. This is the first time since the bankruptcy rules were overhauled in 2005, that over one million bankruptcy cases were filed during the first three quarters of the year. The American Bankruptcy Institute expects there will be more than 1.4 million bankruptcy filings this year.

What is unclear is how many of the 1,046,449 consumer bankruptcy cases filed this year were filed by the same person. Each filing may not be a different person/entity.

What is clear, most people effected by the economic "down-turn" understand that bankruptcy may be the only option to save their home, car, or wages.

In years past, there was a social stigma attached to those who sought bankruptcy protection. Many still believe they will have a scarlet "B" permanently attached to their chest if they file. Today, more people than ever will file for bankruptcy protection. It is time for bankruptcy protection to be recognized as a legitimate alternative when it is the best business decision, not another burden to an already exhausting experience.

The lesson here is do what is best for you and your family. If that means filing for bankruptcy protection, you are not alone.