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Gwinnett County Bankruptcy Lawyer

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Unable to keep up with your bills? Do creditors and collection agencies constantly harass you? Are collection agencies going after your business? Depending on the circumstances, bankruptcy may be the answer to your monetary woes. At Schuyler Elliott & Associates, Inc., our bankruptcy lawyer can guide you through filing for bankruptcy and get you on the road toward a fresh financial start. Backed by more than two decades of experience, we can help evaluate your financial situation and determine a bankruptcy strategy that best fits your individual needs.


Get in touch with our Gwinnett County bankruptcy attorneys online or call (770) 400-9102 to review your legal options. Start a free initial consultation 


Types of Bankruptcy in Gwinnett County

Two types of bankruptcy are offered to consumers to eliminate their debt: Chapter 7 and Chapter 13. Since both have advantages and drawbacks, you must analyze your income, assets, and debts with our bankruptcy lawyer in Gwinnett County to determine which option would better suit your situation.

What is Chapter 7 Bankruptcy?

Also known as liquidation bankruptcy, Chapter 7 is the process of selling off your non-exempt liquid assets in order to satisfy your creditors, with any remaining unsecured debts being discharged. Chapter 7 bankruptcy is a means-based privilege, meaning it is only available to those whose income is low enough to file.

What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy involves a reorganization of your assets and finances to pay back creditors over a period of three to five years. This method can allow you to keep your home , vehicle and avoid foreclosure. Most remaining unsecured debts are forgiven if you adhere to your court-approved repayment plan.

What is Chapter 11 Personal Bankruptcy?

If you don't qualify for Chapter 13, you can file for Chapter 11. Note that filing under Chapter 11 is more complicated and more expensive compared to 7 or 13.

You may file for Chapter 11 if you have no income but have assets to sell to fund your Chapter 11 plan. With this option, an automatic stay will be in place, which will help delay collection lawsuits and allow you to negotiate repayment with your creditors.

Under Chapter 11, you must propose a reorganization plan, allowing you to save essential assets while repaying your debts with your available income over time. After that, the bankruptcy court and your creditors will vote on it. If the court believes your plan is reasonable and the creditor object, you may be able to “cram down” a plan over them. If you cannot stick to the program, you will be responsible for paying any outstanding debts.


Unsure of which bankruptcy option is right for you? Call (770) 400-9102 or contact us online for a complimentary case evaluation with an attorney. Our bankruptcy lawyer in Gwinnett County help you decide which option is right for you.


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