WHY CHOOSE McGAHREN, GASKILL & YORK?
McGahren, Gaskill & York’s familiarity with the intricacies of bankruptcy practice began at the most complex level, with one Partner having served as General Counsel to a large corporation through a Chapter 11 bankruptcy. Since that time, our Attorneys have built off that knowledge base and committed themselves to a level of expertise which allows us to navigate through a bankruptcy and achieve a fresh start for our clients.
Each day at the Bankruptcy Court, you’ll see attorneys calling out names in the courtrooms and hallways – because they’re meeting their client for the first time just moments before the first bankruptcy proceeding. It’s a commonplace practice for many of the largest bankruptcy filers in Georgia – and it leads to a terrified and unnerved client. At McGahren, Gaskill & York, we realize that bankruptcy can be one of the most stressful times in a person’s life – and our commitment is to help you through it. From the first time you walk into our office, you’ll be matched with an attorney and paralegal who will be personally responsible for getting you through the process from start to finish. The people you meet on day-one will be the same people there with you at the courthouse. We’re available to talk when you need us, and all calls and emails are returned within 24 business hours.
Bankruptcy petitions are complicated. They require the petitioner to compile a wealth of information about their income, debts, liabilities, and household expenses. At more than 50 pages long, each petition presents numerous opportunities for mistakes – the smallest of which can prevent someone from receiving a discharge. At McGahren, Gaskill & York, each and every petition is scrutinized by both an attorney and paralegal. We talk with our clients repeatedly to make sure we get things right, and our bankruptcy system imports credit information from all three credit bureaus directly into our petitions to minimize human error and reduce the work for our clients. While it’s impossible to ensure perfection, you can be confident that each document submitted by our firm on your behalf has been examined repeatedly by multiple experts in bankruptcy.
Our goal is achieve a fresh start for our clients while making their bankruptcy proceedings as stress-free and comfortable as possible. McGahren, Gaskill & York recognizes that each client presents an opportunity to get better at doing this. That’s why at the close of each bankruptcy, our clients receive a notice of discharge from the bankruptcy court, and a customer service questionnaire from McGahren, Gaskill & York. If there is some way that we can improve our service and make the experience better for our future clients, we want to know about it. We believe that our reputation is our most valuable asset, and McGahren, Gaskill & York wants to be known in the community as a firm where clients receive respect, support, and a favorable outcome in their case.
FREQUENTLY ASKED QUESTIONS
The cost of treating an illness or injury can be overwhelming. Even though 78% of bankruptcy filers have some form of health insurance, evidence indicates that medical expenses are a significant factor in 62% of all personal bankruptcies.
With unemployment in Georgia exceeding 10%, job loss has affected a staggering number of people in our state. Without a source of income, many people have no other choice than to seek the protection of the bankruptcy laws.
In today’s economy, a significant number of people are forced to rely on credit to pay for necessities. Over a sustained period of time, the minimum payments become unmanageable, and default interests rates coupled with late fees and penalties make the debt burden insurmountable.
The cost of dividing marital assets and the ongoing costs of creating new, separate households creates a tremendous financial strain on both parties. Divorce proceedings, especially those involving child custody battles, can leave a divorcee saddled with legal expenses.
Natural disasters, property damage or loss, car repairs – sudden large expenses can force a person out of their financial safety zone and into financial turmoil.
A bankruptcy petition filed under Chapter 7 is a liquidation of debt – basically, all of a petitioner’s dischargeable debt is wiped clean, giving them an immediate fresh-start upon discharge. Chapter 13 petitions, by contrast, involve a payment plan – usually over the course of 3 to 5 years – during which the petitioner pays back a portion of their debt. The completion of this payment plan also provides the Chapter 13 petitioner with a fresh start. Both Chapter 7 and Chapter 13 petitions have their benefits and considerations. McGahren, Gaskill & York will work with you to decide which path is right for you.
This depends on the type of bankruptcy petition filed. A typical Chapter 7 petition will provide the debtor with a discharge in 4 to 5 months. It’s important to note that during this time, the petitioner is required to do very little – because our attorneys and staff manage your case as it progresses through the bankruptcy court. A Chapter 13 petition is a payment plan that lasts anywhere from 3 to five years – depending on the income and debt of the petitioner.
By operation of law, the filing of a bankruptcy petition creates a temporary “automatic stay,” wherein all creditors are forced to stop their collection attempts – including phone calls.
The filing of a bankruptcy petition stays on a credit file for 10 years. However, it’s important to remember that with the majority of their debt obligations discharged, a successful bankruptcy petitioner can begin to repair their credit history and build a solid foundation for the future. McGahren, Gaskill & York advises our clients on how they can move forward after their fresh start.
This depends. In a Chapter 7, unsecured debt, such as (most) credit cards and medical bills can be wiped clean. However, if a debt is secured by a piece of property, such as a home mortgage or car loan, the petitioner is usually faced with two options – retain that particular property along with the debt relating to it, or get rid of both the debt and the property.
For the vast majority of people, student loans cannot be discharged through bankruptcy, unless you can show undue hardship.
Personal liability for income tax debts can be wiped away if they meet a number of rules. The first step in determining whether a tax debt is dischargeable is to look at the age of the debt – if the taxes were due more than 3 years prior to the filing your bankruptcy petition, there is a good chance that this debt can be discharged in bankruptcy. Because the additional rules become complex, it’s best to speak with a bankruptcy attorney about the specifics of your tax obligation.
In providing assistance and relief under the U.S. Bankruptcy Code, McGahren, Gaskill & York, LLC operates as a Debt Relief Agency governed by 11 U.S.C. §101(12A).