Practice Areas: Bankruptcy; view more
Licensed in Georgia since: 2001
Education: Emory University School of Law
Languages Spoken: English, Spanish
Selected to Super Lawyers: 2022 - 2023 Call today:
404-889-8663
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3006 Clairmont RoadSuite 112
Atlanta, GA 30329 Visit website
Details
As founder and managing attorney of Saedi Law Group LLC, Lorena L. Saedi represents clients in north Georgia and the Atlanta, Georgia, metropolitan area as they work toward a financial reset with Chapter 7 and Chapter 11 bankruptcy, along with all federal bankruptcy matters. Providing affordable solutions and personal attention, she is invested in the future of every client as she finds a path forward for them that offers a fresh financial start. Fluent in Spanish and English, she can help as many people as possible through the consumer bankruptcy process.
Admitted to practice in the state of Georgia, Ms. Saedi is also admitted to practice before the United States District Court for the Middle District of Georgia, the Supreme Court of Georgia and the United States District Court for the Northern District of Georgia. She is actively involved in the local legal community as a part of the Metro Atlanta Consumer Bankruptcy Attorney Group.
After earning a Bachelor of Arts in political science from The University of Tennessee, she moved on to earn a Juris Doctor from the Emory University School of Law. Ms. Saedi regularly teaches seminars and classes for Reliance Legal Education and gives tips on how to file bankruptcy in the state.
Ms. Saedi has grown a business with an A+ rating with the Better Business Bureau. She provides her clients with same-day case filing, a free consultation either in person or on the phone, and emergency creditor protection with student loan modification, mortgage modification and rebuilding credit services.
Practice areas
Bankruptcy: consumerFocus areas
Bankruptcy law
- 100% Bankruptcy: consumer
First Admitted: 2001, Georgia
Professional Webpage: https://georgiabankruptcylawgroup.com/expert-atlanta-bankrup...
Educational Background:
- B.A Political Science University of Tennessee, Knoxville, 1996
Honors/Awards:
- Top 10 Bankruptcy Attorneys in Georgia, American Jurist Institute, 2016
- , Awarded A+ Rating for Consumer Bankruptcy Law Firm, Better Business Bureau of Atlanta, 2021
- , Awarded A+ Rating for Consumer Bankruptcy Law Firm, Better Business Bureau of Atlanta, 2020
- , Awarded A+ Rating for Consumer Bankruptcy Law Firm, Better Business Bureau of Atlanta, 2019
- , Awarded A+ Rating for Consumer Bankruptcy Law Firm, Better Business Bureau of Atlanta, 2018
- , Awarded A+ Rating for Consumer Bankruptcy Law Firm, Better Business Bureau of Atlanta, 2017
Videos:
- While you are in a bankruptcy case you may have another lawsuit against another party. What do you do if you need to hire a lawyer while you are in a bankruptcy case? Are you allowed to hire an attorney? What is the process? What happens if you are awarded a settlement? Watch our short video clip about the process! Bankruptcy is one area of the law that can reach far and wide and can impact numerous other areas of law. It is not uncommon for a bankruptcy client to also have another lawsuit ongoing in which they are the plaintiff. While clients are allowed to proceed against other parties while in a case, they are required to disclose these potential or current lawsuits as an asset. If they are represented by counsel then they are required to have their outside counsel approved by the bankruptcy court. LAWSUITS FILED BEFORE A CHAPTER 13 CASE IS FILED If the basis for the lawsuit happened before a client filed for Chapter 13 bankruptcy then they should include the potential claim in their bankruptcy schedules. A potential legal claim or lawsuit (even if not filed yet) is an asset, just like a home, car, and bank accounts. Many times, clients are not aware that they have a legal claim when they file for Chapter 13 bankruptcy, even if the event already happened. If this happens, they must disclose the claim to the court when they learn of it by amending their Chapter 13 schedules. If they don't, they could later lose their right to collect any payment for the claim. Most of the time, before the other side will settle a lawsuit, they will ask if the plaintiff has ever filed for bankruptcy. If they check and see that a plaintiff purposely left off the claim in their case then they can ask the court to dismiss the plaintiff's lawsuit. LAWSUITS FILED DURING A CHAPTER 13 CASE If a client files a lawsuit during their Chapter 13 bankruptcy case, they must disclose this fact to the court immediately. Bankruptcy counsel will need to amend the client's bankruptcy schedules to make sure this is listed as an asset. If a claim settles during a case then those proceeds could be required to be paid into the Chapter 13 case. Clients will need to review this with their attorney to see what their case requires. THE BANKRUPTCY COURT MUST APPROVE ANY LEGAL SETTLEMENT Because the lawsuit is part of the bankruptcy estate, the bankruptcy court will have to approve any settlement a client proposes to make, particularly to ensure that the attorneys' fees and costs in the lawsuit are reasonable. Once outside counsel has a proposed settlement agreement in place that all parties have agreed to, bankruptcy counsel will file a Motion to Approve Settlement so that the trustee and the court can review the terms. LAWSUITS IN CHAPTER 7 CASES Chapter 7 clients are usually only in their case about 4-5 months. Any lawsuits or potential claims also need to be reflected on the schedules just as required above. Failure to list a potential claim or asset will result in the disallowance of the claim. While clients can exempt a portion of any potential lawsuit proceeds, the Chapter 7 may keep a case open if they believe that proceeds may be available to unsecured creditors even after the client has taken their exemption. The Chapter 7 trustee typically allows current counsel to continue with the case and once it settles will work with the attorney to ensure approval of the settlement and disbursement of funds. Our attorneys always review this issue with our clients and let them know that the best rule of thumb for clients while in a bankruptcy is to ASK if they have any questions. If you have any questions about lawsuits during a bankruptcy case, filing for bankruptcy in Georgia, or any other matter you can always reach us at [email protected] or go to http://www.saedilawgroup.com. http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, Suing Another Party While In Bankruptcy, Bankruptcy, Real Estate, Law, 2019
- Creditors and debt settlement companies make money by keeping you in debt. That’s why the don’t want you to know that under federal law you have a right to eliminate most, if not all, of your debt. Bankruptcy can eliminate your debt for a fraction of what you would otherwise pay to the creditors or debt settlement companies — and in way less time. The credit industry does everything they can to restrict debtors from filing for bankruptcy. Creditors can be aggressive and often try to discourage and frighten people in order to collect on debts. Bankruptcy is the most effective way to eliminate overwhelming debt. Credit companies spend a lot of money and do a lot of work to promote anti-bankruptcy PR campaigns in order to make sure that the word “bankruptcy” remains clouded in false information. They do this because they don’t want you out of debt so they put a lot of effort into suggesting credit consolidation. Also because charging late fees and obtaining huge interest is big business and big money. Many of the debt consolidation companies are actually owned by the credit card companies! While in the past bankruptcy laws were a little restrictive, it’s not the case nowadays. It’s true that recent laws have relatively more paperwork and steps for bankruptcy filings, but this burden will be mostly on your bankruptcy attorney and not you. Creditors want you to think that if you file for bankruptcy, you will lose all your personal belongings, your car, and your house. However, the truth is that most of the petitioners keep all their properties. Bankruptcy pauses repossessions and foreclosures, stops collections and garnishments, and prevents property repossessions via creditor judgments. As soon as you file for bankruptcy you are protected from your creditors. You can rebuild your credit fast. Another secret most creditors don’t want to you to know about is that you will be able to work on repairing your credit score once your debt is discharged. In fact, many individuals get approved for a loan or a secured credit card within a year after filing bankruptcy. Most people who file bankruptcy are good people who have experienced difficult times. Creditors want you to think that only deadbeats file for bankruptcy. It is not true as most of the petitioners get into financial trouble due to a job loss, unforeseen medical expenses or divorce. For more information about Chapter 13 Bankruptcy and its benefits over Chapter 7: https://georgiabankruptcylawgroup.com..., What Creditors Do Not Want You to Know, Bankruptcy, Debt, Credit, Financial, 2021
- Bankruptcy is one of the most misunderstood areas of the law. Bankruptcy is a legal process designed to help individuals and companies get a financial fresh start by discarding or making arrangements to repay unmanageable debt. It can also be a way for companies to end business and liquidate assets in an orderly way. There are times when the mountain of debt becomes too difficult to climb. Bankruptcy offers a way out of this situation while still considering the creditors seeking to collect debts. What are the types of bankruptcy? The two most common kinds of consumer bankruptcy are Chapter 7 and Chapter 13. Chapter 11 bankruptcy is typically used by businesses. Chapter 7 bankruptcy Known as “liquidation” since most unsecured debts are forgiven, Chapter 7 bankruptcy is the fastest and most common form of bankruptcy. Best for: Consumers who have primarily unsecured debt, such as medical bills, credit card debt or personal loans. You must pass the means test, which determines whether you qualify to file Chapter 7. You cannot have had a Chapter 7 discharge in the past eight years or a Chapter 13 discharge in the past six years. Chapter 13 bankruptcy Known as a “wage earners” bankruptcy, Chapter 13 bankruptcy restructures debts into a payment plan over three to five years. Best for: Those who have assets they want to retain, like expensive jewelry, or secured debts they want to get current on, like a mortgage. You must have regular income and you must be current on tax filings. You cannot have filed for Chapter 13 in the past two years or Chapter 7 in the past four years. Do you need a bankruptcy attorney? The short answer: Yes. Bankruptcy is a long and complicated process. One form improperly filled out could result in the dismissal of your case, which means you would have to wait six months to file again. Find a bankruptcy attorney to help you navigate the process and ensure your paperwork is properly filled out. A word of caution if you’re thinking of filing without an attorney: Bankruptcy data shows that only 1.4% of Chapter 13 bankruptcy cases filed without an attorney in 2012 received a discharge, meaning the cases were closed and the eligible debts were forgiven, according to the Federal Judicial Center. For more information about Chapter 13 Bankruptcy and its benefits over Chapter 7: https://georgiabankruptcylawgroup.com..., What Exactly if Bankruptcy, Bankruptcy, Debt, Credit, Financial, 2021
- Our law firm has processed thousands of cases and so many times we see consumers who thought that they were doing the right things before filing their case when in fact they messed up their entire case! This short video will provide some tips for consumers of what NOT to do before they file for bankruptcy. http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, 3 Things NOT to Do Before You File Bankruptcy!, Bankruptcy, Real Estate, Law, 2019
- A title pawn is a transaction where the title to a vehicle is transferred to a pawnbroker in exchange for a loan. The transfer is subject to the borrower’s right to “redeem” the title. Under the Georgia Code, the transaction is treated as a sale with a qualified right of redemption. These terms are set forth in the title pawn contract. A typical pawn agreement will provide that the entire debt is must be repaid in 30 days. If the other party cannot pay the entire loan off (which almost no one ever can) then they can extend the loan another 30 days if they pay a monthly interest payment. In most title pawns, the borrower keeps “rolling over” the balance due by making interest payments, intending eventually to pay off the whole thing when money becomes available. If the borrower defaults, the title pawn broker has the right to repossess the vehicle to satisfy the debt. Under the Georgia Code, title pawns are not the same as auto loans. Auto loans are “purchase- money” loans used to finance the purchase of a vehicle. As a result, the treatment of a title pawn in bankruptcy is different from the treatment of an auto loan and poses many problems for debtors looking for protection from creditors in a Chapter 13 bankruptcy case. Because title loans are characterized as pawn transactions, they are not subject to state usury laws. In 2004, Georgia, banned payday loans (where lenders offer high-cost, short-term loans in exchange for putting a lien on a borrower’s future paycheck). However, Georgia still allows title. Pawn loans with triple-digit annual interest rates. Several years ago, a Chapter 13 plan was the perfect way for debtors to pay off a title pawn loan. Instead of paying the standard interest rates which can be up to 150%, bankruptcy debtors could cram the interest rate down to between 5%-7% and retain their cars. In addition, many debtors could pay the balance based on what the vehicle was actually worth, and not what was owed. Due to several recent court cases, auto title pawn transactions can no longer be redeemed or repaid through a Chapter 13 plan. A debtor with a title pawn now has only three options: 1. They can pay off the loan entirely within their contractual grace period. 2. They can continue to make the monthly interest payment directly and then if the loan is repaid while they are still their plan the plan can be amended to allocate for the "additional money" now available. 3. They can surrender the vehicle back to the title-pawn broker. If a debtor has already defaulted on the title pawn (meaning that they failed to make the interest payment on time), they are no longer protected from repossession of the vehicle. A typical auto loan lender is required to file a motion for relief from stay to reclaim the property however because the vehicle immediately becomes the property of the title pawn lender upon default, they do not have to request court permission. They can just take the collateral. If you are starting to have financial problems and have a title pawn loan, understand that bankruptcy will not provide any assistance if you intend to attempt to retain it. http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, Title Pawn Loans in Bankruptcy: How Are they Treated?, Bankruptcy, Real Estate, Law, 2019
- If you have debt which you want to retain in your case you may be required to sign a reaffirmation agreement in order to prevent the collateral from being taken after your discharge. The most common questions we see here in our practice in Georgia is: What is a reaffirmation agreement? Which creditors require a reaffirmation agreement? Will the creditor keep reporting your payments on your credit? WHAT IS A REAFFIRMATION AGREEMENT? Individuals who file for bankruptcy protection do so to eliminate their debt and to obtain a financial “fresh start.” Not all debts are dischargeable, but most common consumer debts are. In some cases, a debtor may wish to keep making payments on debt even though that debt can be discharged in their bankruptcy. When a debtor agrees to pay such a debt by contract, the debtor must enter into a reaffirmation agreement with a creditor to “reaffirm” the debtor’s intent to pay. By entering into a reaffirmation agreement the debtor will be contractually bound to pay the otherwise discharged debt even if, at some point during the life of the agreement, the debtor is unable to make the payments. WHICH CREDITORS REQUIRE A REAFFIRMATION AGREEMENT? The decision to reaffirm a personal liability on secured debt depends on the type of secured debt. If the secured debt is real property (i.e. a mortgage loan on a residence), the debtor is reaffirming any personal liability that would be owed under the note. If the debtor enters into a reaffirmation agreement, he or she is liable for that amount. Here in Georgia, most Chapter 7 bankruptcy clients have to decide if they wish to reaffirm on their cars and mortgage loans. Auto Loans: If you have a vehicle and you wish to retain that car and keep making your payments then you will be required to sign a reaffirmation agreement, Otherwise, the debt will be discharged with your case and even if you are current on your payment the lender may repossess the vehicle. While some car creditors may allow you to "retain and pay" without signing a reaffirmation agreement, there is no legal requirement for them to allow you to do so without a reaffirmation agreement signed and filed in your bankruptcy case. Mortgage Loans: In Georgia, debtors are not required to sign off on a reaffirmation agreement in order to retain their property. They can allow the loan to discharge but continue to make payments to the lender. This means that if for some reason after the discharge of the case, the debtor cannot afford the home, they can simply walk away from the home and the lender cannot pursue any collection on the mortgage loan. While we don't recommend reaffirmation on mortgage loans we do understand why some debtors still opt to do so on a first mortgage. Many times, in the case of a first mortgage the benefit in signing a reaffirmation agreement is that the lender will usually agree to resume sending mortgage statements. The lender may agree to resume credit reporting activities –which will help a debtor rebuild credit. In addition, signing a reaffirmation agreement may also allow the debtor to entertain the full range of assistance programs offered by the lender, and they may be eligible for a loan modification where they might otherwise be disqualified (because with no liability on the underlying note, some lenders may determine that modification of the underlying note is not feasible to the extent that it is unenforceable except through foreclosure). With this said, some lenders will continue to work with debtors even if there is no reaffirmation agreement. In regards to second mortgages, I would strongly encourage clients not to sign a reaffirmation agreement on a second mortgage. There is generally no benefit to signing a reaffirmation agreement on a second mortgage. WILL THE CREDITOR CONTINUE TO REPORT TO THE CREDIT BUREAUS IF YOU REAFFIRM ON THE DEBT? One of the most hotly debated topics I hear regarding reaffirmation agreements and credit is whether the lenders will report on your credit report if you reaffirm on a debt. There is no provision of the Fair Credit Reporting Act, nor the bankruptcy code, which imposes an affirmative duty upon any creditor to make reports to the credit bureaus. This is true, even in cases that don’t involve a bankruptcy case. Under FCRA, creditors are only obligated to make accurate reports. There is no authority to compel them to make a report at all. Failure to report payments does not constitute a violation of the discharge injunction. If you have any questions and reaffirming debt or bankruptcy in general, please feel free to contact our office at [email protected] or 404-889-8663 http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, The Basics of Reaffirmation Agreements: What You Need to Know, Bankruptcy, Real Estate, Law, 2019
- A very common concern we hear from clients is what to do with their bank accounts before filing bankruptcy. Many clients are concerned that the money in the account will be seized once they file for bankruptcy protection. If you are going to file for bankruptcy and you owe money to the bank that you have your bank account with then you need to switch banks to a bank that you do NOT owe any money to and make sure you don't any funds in that bank at filing. The reason is because most financial institutions will cross collateralize their accounts. This means if you default on one account (like a credit card) then they have the right to seize those funds from another account (e.g. your bank account). You don't need to close the bank account but you do need to take your money out and then after the case is over you can check with the bank to see if they will allow you to continue banking with them. In Georgia, consumers need to be aware that even if they do not owe Wells Fargo Bank any money but bank with them, they many freeze their account when they file for bankruptcy. We advise all clients with Wells Fargo accounts to take their money out of these accounts to ensure that their funds are not frozen. This is the only bank here in Georgia that we have seen take such an aggressive action against their customers. Lastly, remember that if you have direct deposit you will need to also change this before filing for bankruptcy to ensure that these funds are deposited into your new bank account. http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, How Bank Accounts are Affected When You File for Bankruptcy, Bankruptcy, Real Estate, Law, 2019
- With so many bankruptcy lawyers to choose from, why choose Saedi Law Group? Selecting the right lawyer not only requires that you be confident in their abilities to represent you but you also need to "click" with them as well. Remember that you will be working closing with your attorney in order to get your case confirmed (approved) so you need to make sure that you feel comfortable communicating with them and also how they communicate with you. Saedi Law Group attorneys are all seasoned veteran bankruptcy attorneys who are in court every day representing consumers in chapter 7 and chapter 13 bankruptcy cases. Our staff is not only highly skilled, but they are kind and understanding. We understand the stress clients are going through and provide honest solutions to their financial challenges. http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, Why Choose Saedi Law Group for Your Consumer Bankruptcy, Bankruptcy, Real Estate, Law, 2010
- Lien Stripping in Chapter 13 Bankruptcy Chapter 13 provides the very powerful tool of "lien stripping", or removing second mortgages and home equity lines from a home. Chapter 13 bankruptcy allows such second mortgage loans to be stripped from a debtor’s principal residence if that second lien is found by the Court to have become unsecured. In order to do this however, the second mortgage must be 100% underwater. Lien stripping is ONLY available in Chapter 13 cases. Chapter 7 clients cannot strip off a junior mortgage. To “strip” off a secured second mortgage the Chapter 13 attorney must file a motion with the Bankruptcy Court (Motion to Strip Lien) in the Chapter 13 case immediately after filing. If the debtor can prove that the home is worth less than the amount owed on the first mortgage then the Bankruptcy Court can rule that the second mortgage is unsecured debt. This second loan is then lumped in with the debtor’s other unsecured debts, and treated the same as other general unsecured debts in the Chapter 13 Plan. At the conclusion of the Chapter 13 plan, any remaining balance is discharged. The Bankruptcy Court will then issue a judgment that voids the mortgage. The Chapter 13 debtor can then emerge from bankruptcy owning his or her home free and clear of the second, stripped mortgage loan. Due to the healthy real estate market (at least here in the Atlanta metro area), we are not seeing very many client's "strip" off their mortgages. However, if we suffer another real estate "down" market, which we almost certainly will, this option will be available to more consumers. For more information about lien stripping and any other bankruptcy matter please contact us at [email protected] or 404-889-8663. http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, Stripping Liens off in Bankruptcy: What You Need to Know, Bankruptcy, Real Estate, Law, 2019
- A common concern that many people have when considering filing for bankruptcy relief is how filing a bankruptcy will impact their credit score. While your credit score may be lower for a while, it is not permanent decrease in your credit score. In most cases, filing a bankruptcy case improves your credit score within a year or two after filing. Filing for bankruptcy will do the most damage when it first hits your credit report. As time elapses, the effects of your bankruptcy filing will lesson over time. The two types of personal bankruptcy affect your credit differently. In both cases, bankruptcy creates a negative item on your credit report. However, the time this negative item remains differs between the two Chapters: Chapter 13 Bankruptcy: 7 years Chapter 7 Bankruptcy: 10 years If you had excellent credit before filing then you will see a bigger dip in your score than someone who already has "beat up" credit. FICO scores only go down to 300, but it’s rare to see anything below 500. How to raise your credit score after bankruptcy No matter where you started and ended up, the good news is that you can bounce back quickly. Most people see their credit score increase dramatically in 1 year. In 24 months most of our clients have reached at least a 700 score if they have been paying their bills on time since discharge. The formula that we see that works best for our clients to rehabilitate their credit is as follows : Six weeks after discharge you need to pull your credit report and make sure that your creditors are reporting correctly. Accounts need to reflect a $0 balance. If you see any errors then you need to dispute this with the creditor and credit reporting agency. Secure one secured credit card in order to start rebuilding your credit. Yes, you will get charged fees for this service but in 6-12 months this account will switch to a regular credit card if you maintain your payments on time. If you are reaffirming your car or home (and the lender agrees to report to the credit agencies) then make sure you maintain these payments on time. Sign up with CreditKarma (it's free!) and monitor your credit. Stay away from credit repair companies You see the ads in newspapers, on TV, and online. You hear them on the radio. You get fliers in the mail, email messages, and maybe even calls offering credit repair services. They all make the same claims: “We can remove bankruptcies, judgments, liens, and bad loans from your credit file forever!” “We can erase your bad credit — 100% guaranteed.” Don’t believe these claims: almost every time they are a scam. The fact is there’s no quick fix for creditworthiness. There are no overnight solutions to fixing your credit history. You can improve your credit report legitimately, but it takes time, a conscious effort, and sticking to a personal debt repayment plan. Look for these signs to determine if a credit repair company is trying to pull a scam: It promises to remove negative information from your credit report. No one can legally remove negative information from a credit report that is accurate and must remain on your report for a set amount of years; most information stays on your report for seven years while bankruptcy information can remain for ten years. It requests an upfront fee before any type of credit repair is performed. A legitimate company will not demand payment before the service is provided. Remember that improving your credit can be done, but it takes time. It offers to create a new credit report for you with different identification such as another Social Security number or business tax ID number. This is illegal. It’s a federal crime to lie on a loan or credit application, to misrepresent your Social Security number, and to obtain an Employer Identification Number from the Internal Revenue Service under false pretenses. It asks you to sign blank forms and provide personal information so the company can act on your behalf to help with credit problems. Never sign blank paperwork. Never give out personal information without knowing the reason and with whom you are dealing. Once someone gets your personal information, you may be in danger of identify theft. It sent you an offer through e-mail that you did not request. Many scam artists send out "official looking" e-mails in hopes that you will respond. This may be a phishing scam. If you did not request information to be sent, do not deal with the company. Additional Links: https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf https://www.creditkarma.com http://saedilawgroup.com Questions? Schedule a FREE consultation online today: http://saedilawgroup.com/the_bankruptcy_process/, Credit and Bankruptcy: What You Need to Know, Bankruptcy, Real Estate, Law, 2019
- HOA and Condo Fees in Georgia Bankruptcy Chapter 13 and Chapter 7 Cases If you are like many homeowners in Georgia, you have monthly homeowner or condo association fees, more commonly referred to as HOA or condo fees. When you file bankruptcy, any HOA fees that you owe are included in your bankruptcy petition and are discharged when the case is complete. However, most people aren’t aware that HOA fees continue after you file bankruptcy and even if you surrender the house to the mortgage company the homeowner will still be liable for the HOA fees until the deed to the house is transferred out of your name. If you are filing bankruptcy in Georgia and own a home with HOA fees, be sure and discuss your HOA fees with your bankruptcy attorney. With foreclosure proceedings taking a year or more to complete, it may be advantageous to you to stay in the house for a while after your bankruptcy case is over and continue to pay the HOA fees. The bankruptcy attorneys at Saedi Law Group LLC have extensive experience with mortgage foreclosures and HOA fees. We offer a free initial consultation so that you can discuss your case and find out whether bankruptcy is the right solution for your financial problems. We also free initial consultation either in person or by video chat with an experienced Georgia bankruptcy attorney. Our managing attorney, Lorena Saedi, was named one of the top 10 consumer bankruptcy attorneys in Georgia., What Happens to Homeowner or Condo Association Fees in Bankruptcy?, Legal, 2019
- One of the most nerve-wracking parts of filing Chapter 7 bankruptcy is the 341 hearing (even though this is actually an administrative hearing and nothing like Law & Order!). Once your hearing has been concluded, what's next? THE UNITED STATES TRUSTEE REVIEW: The United States Trustee trustee has ten days to file a “statement of presumed abuse” if they disagree with your budget and feel that you could actually repay some of your creditors in a Chapter 13 case. Most of the time this notice is NOT filed but sometimes with higher income clients, they can see this notice filed and then just have to provided some additional documents regarding their income and expenses. THE CHAPTER 7 TRUSTEE Your Chapter 7 trustee has 30 days to object to your bankruptcy exemptions. If the trustee thinks you have too much money in the bank, too much in paid for cars, too much real estate equity, or too much value in any other asset they can file this objection. We rarely ever see this objection filed in our cases. CREDITORS Your creditors have 60 days from the hearing to object. Creditors will usually object due to recent use of the credit or they are accusing you of incurring the debt through fraud. Credit card companies will object if they think you were running up your credit cards while you were getting ready to file bankruptcy. Typically if these charges were for basic living items (food or gas) and you didn't intentionally run them up, the credit card companies will back down. However, if you decided to use your credit card to purchase cruise tickets 1 week before filing, you will be setting up a repayment plan with the creditor on that one. The other way we hear from creditors, is a claim that your whole debt is fraudulent. Many times this is a very personal debt (Ex-spouse or family member, former friend, or former business partner). These personal grudge creditors can claim several things to try to prevent you from discharging your debt. In order to do this, they have to file what is known as an "Adversary Proceeding" in your case (which is a lawsuit within your bankruptcy case to deal with that specific debt). These are actually VERY rare but we always see a few a year. Defending one of these actions will cost you additional attorneys fees so always make your attorney aware of any landmines when you meet. That way your attorney can set your expectations and have a plan ready in the event one is filed. For most cases, after the 341 hearing, you just need to make sure the following have been taken care of: 1. If you are retaining any secured items (e.g car, home, furniture) you need to make sure that a reaffirmation agreement has been filed with the court. At this point, you should have already received the reaffirmation from the attorney office, signed it, and sent it back to the creditor to file. If you have NOT then you need to contact your attorney to follow-up on this. 2. If you had any judgment liens when you filed your case then you need to confirm that a Motion to Avoid Lien has been filed regarding that debt and that an order avoiding (removing) that debt has been entered on the court docket. If your case closes out and these liens are NOT avoided, then you will owe this debt after you are out of your case. 3. In order to receive your official discharge, you need to complete a second credit counseling course AND make sure that your attorney has filed this certificate with the court. Failure to do this will result in your case being closed without a discharge and you will have to incur additional fees to correct this and receive a discharge. 4. Review your petition one last time to ensure that ALL of your debts are listed. If you did forget someone there is still time to file an amendment to add them to your case. One of the most nerve-wracking parts of filing Chapter 7 bankruptcy is the 341 hearing (even though this is actually an administrative hearing and nothing like Law & Order!). Once your hearing has been concluded, what's next? THE UNITED STATES TRUSTEE REVIEW: The United States Trustee trustee has ten days to file a “statement of presumed abuse” if they disagree with your budget and feel that you could actually repay some of your creditors in a Chapter 13 case. Most of the time this notice is NOT filed but sometimes with higher income clients, they can see this notice filed and then just have to provided some additional documents regarding their income and expenses. THE CHAPTER 7 TRUSTEE Your Chapter 7 trustee has 30 days to object to your bankruptcy exemptions. If the trustee thinks you have too much money in the bank, too much in paid for cars, too much real estate equity, or too much value in any other asset they can file this objection. We rarely ever see this objection filed in our cases. CREDITORS Your creditors have 60 days from the hearing to object. Creditors will usually object due to recent use of the credit or they are accusing you of incurring the debt through fraud. Credit card companies will object if they think you were running up your credit cards while you were getting ready to file bankruptcy. Typically if these charges were for basic living items (food or gas) and you didn't intentionally run them up, the credit card companies will back down. However, if you decided to use your credit card to purchase cruise tickets 1 week before filing, you will be setting up a repayment plan with the creditor on that one. The other way we hear from creditors, is a claim that your whole debt is fraudulent. Many times this is a very personal debt (Ex-spouse or family member, former friend, or former business partner). These personal grudge creditors can claim several things to try to prevent you from discharging your debt. In order to do this, they have to file what is known as an "Adversary Proceeding" in your case (which is a lawsuit within your bankruptcy case to deal with that specific debt). These are actually VERY rare but we always see a few a year. Defending one of these actions will cost you additional attorneys fees so always make your attorney aware of any landmines when you meet. That way your attorney can set your expectations and have a plan ready in the event one is filed. For most cases, after the 341 hearing, you just need to make sure the following have been taken care of: 1. If you are retaining any secured items (e.g car, home, furniture) you need to make sure that a reaffirmation agreement has been filed with the court. At this point, you should have already received the reaffirmation from the attorney office, signed it, and sent it back to the creditor to file. If you have NOT then you need to contact your attorney to follow-up on this. 2. If you had any judgment liens when you filed your case then you need to confirm that a Motion to Avoid Lien has been filed regarding that debt and that an order avoiding (removing) that debt has been entered on the court docket. If your case closes out and these liens are NOT avoided, then you will owe this debt after you are out of your case. 3. In order to receive your official discharge, you need to complete a second credit counseling course AND make sure that your attorney has filed this certificate with the court. Failure to do this will result in your case being closed without a discharge and you will have to incur additional fees to correct this and receive a discharge. 4. Review your petition one last time to ensure that ALL of your debts are listed. If you did forget someone there is still time to file an amendment to add them to your case., What Happens After the 341 Meeting of Creditors in a Chapter 7 Case?, Legal, 2019
- Don't keep running up more legal fees in family law court on contempt charges if you have fallen behind on support payments. We can restructure your debt and give you up to 5 years to get caught up. All consultations are FREE so contact us today. We file cases on almost a weekly basis that are due to one party in a divorce being unable to work out a reasonable repayment plan of past due child support or alimony. Even when a warrant has been take out due to past due payments we can still file a chapter 13 bankruptcy and stop the collection action. We always hear from clients that they have already racked up large legal bills to pay their family lawyer each time they fall behind and hearing is scheduled. By using the federal protection of chapter 13 bankruptcy they can stop the need for these hearings and allow themselves 5 years to repay the back owed amounts., How Bankruptcy Can Stop Child Support/Alimony Collection, Legal, 2019
- If a debt collector files a lawsuit against you, a summons and complaint will be delivered to your home. The summons notifies you of the hearing date for the case, while the complaint lists the charge. You have the right to file an answer to the complaint with the court listing your reasons for not paying or denying any knowledge of the debt. Don't Wait for the Lawsuit to Turn into a Judgment How Bankruptcy Can Stop a Lawsuit and Remove a Judgment Filing for bankruptcy protection will stop collection lawsuits from continuing against you. In addition, bankruptcy will terminate garnishments as to wages earned after the filing of the bankruptcy. Wages earned before the filing may be recoverable from the sheriff or the creditor if those wages would otherwise have been exempt. Consultations are always free at Saedi Law Group. Call us TODAY at 404-889-8663. Set up a time to review your current financial picture with an experienced bankruptcy lawyer to find out what options are available to you., How to Stop Lawsuits With Bankruptcy, Legal, 2019
- How does bankruptcy affect authorized users on credit card accounts? One of the first questions I always ask my clients is are you an authorized user on anyone's account or vice versa. Why? Although legally, an authorized user is NOT responsible for the credit card balances on the account, too many times we have seem errors arise from the "Big 3" three credit reporting agencies when another party files for bankruptcy. Although the Experian site states here that this will NOT happen, as a practice point in our law firm, we always advise clients to do the following BEFORE they file for bankruptcy protection: At least 1 month BEFORE you file a bankruptcy case you need to remove your name for anyone's credit account that you are an authorized user on. At least 1 month BEFORE you file a bankruptcy case you want to remove anyone that is an authorized user on your account. It would be nice if we lived in a perfect world and the credit report agencies didn't make mistakes but the Consumer Protection Bureau cites this as one of the main credit reporting errors for consumers: https://www.consumerfinance.gov/ask-c... there is no set time period for when creditors or the credit bureaus will update your credit profile, you can always access free websites such as Credit Karma and check to see your authorized user status. Transunion posted the following article in regards to reporting times: https://www.transunion.com/blog/credi... any additional information about bankruptcy and how it should be properly reported on your credit report, you can contact us at [email protected] or call 404-889-8663., Authorized Users: How Does Bankruptcy Affect Them and What If You Are An Authorized User on An Account In Bankruptcy, Legal, 2019
- A person who files for bankruptcy must take two courses before receiving a bankruptcy discharge. Before you can file for Chapter 7 or Chapter 13 bankruptcy, you must consult with a nonprofit credit-counseling agency to see whether you can feasibly handle your debt load outside of bankruptcy, without adding to what you owe. These courses can be done online so you don't have to physically go to a location to complete these. Not completing this course BEFORE filing is one of the most frequent errors I see when consumers try to file their cases themselves. This course has to be done BEFORE you file your case and the certificate is good for 180-days. Once you complete the course the company will email you a copy of your certificate which must be filed with your case. If you fail to complete this class BEFORE you file your case then your case will be dismissed and you will have to start over. Your bankruptcy jurisdiction must approve the particular course that you take. You can find an approved provider by visiting the U.S. Trustee’s website at this link:, The Bankruptcy Credit Counseling Course: What is It and How it Affects Your Case, Legal, 2019
- Atlanta consumer bankruptcy attorney Lorena Saedi from Saedi Law Group discusses the 341 meeting of creditors and what you need to bring. This is a mandatory hearing so you have to attend this hearing in order to have your case approved for a Chapter 7 bankruptcy case or a Chapter 13 bankruptcy case. Creditors may attend as well, although often none will appear. The trustee will ask you a series of questions. Most of the 341 hearings last less than 5 or 10 minutes. Who is the Bankruptcy Trustee? The trustee is the person (often, but not always, a lawyer) responsible for administering your bankruptcy estate. The trustee’s job is to make sure that your creditors get paid as much as possible. In order to do this, the trustee wants to ensure that you didn’t leave any assets or property off your bankruptcy papers and that your reported income is accurate. The trustee will also try to find out if you have any claims that the trustee can pursue to get more money for your creditors. Preparing for the Meeting of Creditors: Make sure that before your 341 meeting of creditors you review your voluntary bankruptcy petition to make sure that there are no mistakes.If you find any you should let your attorney know BEFORE the hearing so that they can let the trustee know about any corrections needed. What to Bring to the Hearing1. Your photo id2. Proof of your Social Security card or other proof of your Social Security number ( a W2 or a 1099)3. A copy of your last filed tax return (your attorney should have already provided this to your trustee before but the hearing but bring a copy with you anyway. Where is the Meeting Held? The meeting of creditors is actually held in a conference room and NOT a courtroom. We always tell clients that it is NOT like "Law & Order" on TV. You will be sworn in however the hearing is in a relaxed atmosphere and will be held at the federal courthouse in your district. Typical Questions at the Meeting of Creditors: The trustee will review your petition and ask a series of mostly routine questions, such as whether the information in your petition is correct and whether you omitted anything. Some typical questions are: How did you come up with the value for your house or car? Do you anticipate receiving any tax refunds? Have you transferred any property within the last year? Does anyone else hold property that belongs to you? Do you anticipate receiving an inheritance or life insurance payout in the future? Will you be receiving any property as a result of a divorce in the next year? Do you have any legal claim for money from a business or another entity? Do you have any possible claim against someone because of a recent accident? Have you made any recent large payments to relatives or creditors? Does anyone owe you money? Although your creditors will get notice of the 341 hearing, most won’t appear. There are a few instances when a creditor might appear such as:1. The creditor wants to ask you about recent cash advances or credit card charges2. The creditor wants to ask you about information on your bankruptcy papers that differs from what you put on a credit application (to find out if you committed fraud), or to find out what you plan to do with secured property, like a car or home mortgage.3. Ask if you have the proper insurance coverage and the location of secured property such as a car or home., The 341 Meeting of Creditors: What You Need to Know, Legal, 2019
- Obtaining a car loan during an open Chapter 13 bankruptcy does require special permission from the bankruptcy court. Today, many banks are savvy and knowledgeable about the bankruptcy process and will finance a debtor while still in a Chapter 13 case. The process of obtaining a vehicle loan during a Chapter 13 bankruptcy is a collaborative effort between you, your attorney, the lender, the car dealership, and the bankruptcy trustee. A car loan during a Chapter 13 requires the permission of the bankruptcy trustee, and you must show that the vehicle is necessary for the successful completion of your bankruptcy plan. If the vehicle is needed to get to work, that is usually reason enough. The trustee will limit the monthly payment amount for your vehicle purchase. Your attorney will need to file an amended Chapter 13 plan to account for the new car payment and amend other bankruptcy documents to show your ability to pay the new amount. In addition your attorney will file a Motion to Incur Debt to ask the court to allow the loan and provide the loan information to the court. The bankruptcy court will then approve the proposed amendments and Motion. Questions? Feel free to email us at [email protected]lawgroup.com or visit our site at www.saedilawgroup.com Saedi Law Group is an Atlanta based consumer bankruptcy law firm that assists consumers in filing Chapter 13 and Chapter 7 cases. Our firm stops foreclosures, garnishments, lawsuits, debt collections, and IRS collection by filing a Chapter 13 or Chapter 7 bankruptcy for our clients., Can You Get a Car Loan While You Are in Bankruptcy?, Legal, 2019
- Many times when I meet with a client, they have no idea whether they need a Chapter 7 or a Chapter 13 case. Or in some cases they come in telling me which chapter they WANT to file (but many times it is the wrong chapter). The concepts between the two can confuse even a seasoned lawyer, so there is no doubt that many consumers feel overwhelmed when looking at their options. Chapter 7 cases require a qualification under a Mean’s Test, which looks at income and expenses and determines if there are enough excess funds to pay some or all of the unsecured debt. This is only one of the issues that an attorney must look to in determining the best option. Equity which exists in real property and personal property can sometimes be exempted under state or federal exemptions but if not properly exempted, this property can become subject to liquidation by a Chapter 7 trustee and sold at auction. If a client does not want to lose their assets at auction or if they make too much money and don't qualify for Chapter 7 case then a Chapter 13 case is a good option. Chapter 13 cases are used, many times, to stop a foreclosure, garnishment or repossession. Often, a client will tell me that they do not feel they are able to pay all of their debts in a Chapter 13 case. A skilled attorney, who is well versed in bankruptcy law, can many times come up with a plan that pays less than 100% of their unsecured debt and fits within a client’s budget., What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy, Legal, 2019
- Bankruptcy can actually be a very powerful tool to deal with tax issues. In some cases, clients can discharged all of their tax and not have to set up a repayment plan. Each case is different but our team can review and provide a debt analysis., Taxes and Bankruptcy: How You Can Deal With Taxes In Bankruptcy and Stop IRS Collection, Legal, 2019
- Many people in these hard economic times are having problems paying back their bills. If you fall too far behind on your bills, you may end up facing repossession. Is it possible to end the creditor calls and prevent your car from being taken away from you by the repo man? Yes it is. Bankruptcy might just be the second chance you need. It is easy to feel powerless when creditors are calling non-stop. A lot of people don’t understand that a bankruptcy provides legal protection from creditors keeping the repo man away from your assets. How is that possible? Bankruptcy law is federal law. The moment your case is filed you are given legal protection from creditors. This includes an automatic freeze on repossession efforts. Even if your car has already been picked up you may still be able to get the car back if it has not been sold yet. Bankruptcy provides consumers with options. Contact our office today to see what options are available. In some cases we can even reduce the interest rate that you are paying on your vehicle! How Can Bankruptcy Help Me Keep my Car? Bankruptcy can be very helpful in alleviating financial hardship by protecting property that may be in danger of repossession. Filing Chapter 7 or Chapter 13 bankruptcy will immediately stop repossession of your vehicle under the “automatic stay” provision of the Bankruptcy Code. The automatic stay is an order from the Bankruptcy Court issued to all creditors as soon as a bankruptcy petition has been filed. It prevents creditors from making any further collection attempts against you or your property, which includes repossession of you vehicle., How to Stop Car Repossession with Bankruptcy or Get a Car Back After Repossession, Legal, 2019
- One of the most common questions we are asked each week. Some clients are unaware that if, for whatever reason, their case is dismissed that they can refile their case. How many times can a person file for bankruptcy in Georgia? There is no set number of cases a person can file. Whether a person can refile a bankruptcy case depends on that person's factual situation. However, most people are eligible to file a case whenever they want to file. The type of case they can file may depend on what happened in the previous case. When can a person file another Chapter 7 in Georgia? A person is allowed to receive a discharge in a Chapter 7 once every 8 years. The time period is calculated by using date of filing (not discharge) . For example, if a person filed a Chapter 7 bankruptcy case on May 8, 2005, that person would have to wait until May 9, 2013 to be eligible for a new Chapter 7 case. Can I refile a new Chapter 13 bankruptcy case in Georgia? Usually yes you can. Whether you have to file a full pay back plan or a partial pay back plan may depend on the following:--When you filed the first Chapter 13--Whether you received a discharge in your previous Chapter 13--How much money you make Can I file a Chapter 13 case after I have already received a discharge in a Georgia Chapter 7 case? Absolutely! What type of Chapter 13 case and the required plan provisions will depend on how much time has elapsed between the filing of the Chapter 7 case and the Chapter 13 case., Refiling Your Case After Your Chapter 13 Case Has Been Dismissed, Legal, 2019
- Experienced and Professional Bankruptcy Attorneys Serving Georgia Consumers Saedi Law Group, LLC, provides more than just legal representation. We believe part of our role as lawyers is to offer a supportive environment for our clients facing difficult legal issues. Whether in the courtroom or at the negotiating table we are committed to excellence in the practice of law. We promise to listen carefully to our clients’ concerns, thoroughly research the issues affecting our clients’ legal matters, and effectively communicate our clients’ positions to the opposition, trustee, and judge. Our clients can rely on us to be accessible, responsive and efficient. We promptly return telephone calls and emails. We always strive to exceed our clients’ expectations. Our approach focuses on each client’s background, needs, and goals. Our first concern is for you, the client, and we begin by providing a comfortable and intimate office environment. We understand the uncertainty that comes with difficult or unfamiliar legal problems, and we take the time to help you understand the legal process. Saedi Law Group has been helping Georgia consumers for over a decade. Our firm offers personalized service as well as experienced and professional staff. While bankruptcy may be the route you need to take we also offer non-bankruptcy assistance to deal with debt issues. Consultations are free and we have 10 office locations in the Atlanta Metro areas., Saedi Law Group: Top Atlanta Bankruptcy Law Firm, Legal, 2019
- Filing Bankruptcy Stops Foreclosure Proceedings Instantly IN GEORGIA, ALMOST ALL FORECLOSURES ARE NON-JUDICIAL, WHICH MEANS THE MORTGAGE COMPANY DOES NOT NEED TO TAKE YOU TO COURT IN ORDER TO FORECLOSE! Receiving a foreclosure notice can be scary and traumatic. Filing bankruptcy will stop foreclosure, regardless of which type of bankruptcy you file. However, the depending on what chapter of bankruptcy you file will determine whether the foreclosure is stopped temporarily or permanently. Chapter 13 bankruptcy can permanently stop a foreclosure. To qualify to stop a foreclosure in a Chapter 13, you must have enough income to pay mortgage payments after your filing date, in addition to a bankruptcy payment that will include mortgage arrears, homeowner association fees, car payments, and a portion of debt owed to unsecured creditors, such as credit card or medical bills. For example, if you are 4 months behind on your mortgage, you must have the income to pay for the regular mortgage payment going forward, plus the 4 months you are behind, spread out over a 36 or 60 month period. Chapter 7 bankruptcy will stop a foreclosure, but only temporarily. If your mortgage payments are behind and you file a Chapter 7, it is highly likely that you will ultimately lose the house unless you can pay back all the arrears before the Chapter 7 ends. Since Chapter 7 bankruptcy usually only lasts between 4 to 6 months, there is a very short amount of time to pay back arrears. However, if your goal is to simply slow down the foreclosure process, rather than completely eliminate it, Chapter 7 will accomplish that goal. Loan modifications can save your home from foreclosure. However, in our experience, loan modifications occur infrequently, and often provide little help even when granted. Many times, families are turned down for loan modifications because they lack the income needed to pay even a reduced mortgage. Filing bankruptcy can aid in obtaining modifications, since bankruptcy reduces the amount of money paid to other creditors. Also, removing second mortgages in bankruptcy can have a similar effect, freeing up cash that can instead be applied to the First Mortgage. Saedi Law Group has been helping people save their homes for over a decade. Don't wait until it is too late to find our what options are available if you are having trouble paying your mortgage. Every consultation is free and confidential. We have ten offices is Georgia and offer evening and weekend appointments. We also now offer video consultations to allow clients to meet with any attorney from the comfort of their home or office., How to Stop a Foreclosure by Filing for Bankruptcy Protection, Legal, 2019
Industry Groups:
- Consumer Bankruptcy
Office location for Lorena L. Saedi
3006 Clairmont Road
Suite 112
Atlanta, GA 30329
Phone: 404-889-8663
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