About M. Denise Dotson , LLC

1. 1.Q. Is Denise Dotson an Atlanta attorney who can handle my case outside of the Atlanta Metro Area? A. Yes, Denise Dotson can give legal advice in Georgia, even outside of Metro Atlanta. Her office is in downtown Atlanta, Georgia as is the Federal Building where the Court and meetings are held. In fact, Denise Dotson’s office is two blocks from the Bankruptcy Court.  Most of Denise Dotson’s Chapter 7 Bankruptcy work is in the Northern District of Georgia which covers the Atlanta Metro area and most of North Georgia.
   

2. 2.Q. What is the difference between chapter 7 bankruptcy and chapter 11 bankruptcy? A. Basically a chapter 7 bankruptcy is a liquidation plan and chapter 11 is a debt reorganization plan or debt restructuring plan. This is a somewhat misleading way to refer to them because both chapter 7 and chapter 11 can be used by individuals and by companies.
   

3. 3.Q. Are there any Atlanta bankruptcy lawyers who will help me file personal bankruptcy and file business bankruptcy? A. Denise Dotson can help you file both personal bankruptcy and business bankruptcy cases? Generally, bankruptcy cases with related parties are filed one after the other, or by different attorneys. If you are wanting to file a small business bankruptcy case and file a personal bankruptcy case, contacting a bankruptcy attorney for a consultation would be a good first step in determining a plan of action both for the business and for you personally.
   

4. 4.Q. What is the difference between a bankruptcy attorney and a bankruptcy lawyer? A. They are the same thing.
   

5. 5.Q. What is the difference between a chapter 7 bankruptcy attorney and a chapter 11 bankruptcy attorney? A. This is a simple question with 3 long answers, A1, A2, and A3.   
   

                A1. Technically, there is no difference between a chapter 7 bankruptcy lawyer and a chapter 11 bankruptcy lawyer.  All lawyers are trained as generalists. This means that every attorney has a basic set of skills that apply generally to all areas of the United States.  Attorneys must be admitted to their State Bar in order to practice in a particular state. In Georgia, all attorneys practicing law within the State of Georgia have “passed the Georgia Bar” and are admitted to practice in the State of Georgia. Bankruptcy Courts are in the District Court. After passing the Georgia Bar, attorneys wishing to practice in the Bankruptcy Court apply to be admitted to that Court.  Once the attorney is admitted, they are technically a bankruptcy lawyer.  Technically, any attorney who passes the State Bar of Georgia can apply to the Court and become a Bankruptcy attorney.

                A2. Practically, there can be huge differences between an attorney who calls themselves a  chapter 7 bankruptcy lawyer versus an attorney calling themselves a chapter 11 bankruptcy lawyer.   Since an attorney is a generalist first with specialities second.  Any attorney can call themselves a bankruptcy attorney. Attorneys who call themselves bankruptcy lawyers or bankruptcy attorneys may also work in areas of the law that may or may not be closely related to bankruptcy law.  Bankruptcy attorneys may be very specific labeling themselves as chapter 11 bankruptcy attorney or chapter 7 bankruptcy attorney. When an attorney specifies Chapter 11 or Chapter 7 this can mean that an attorney has more experience in business bankruptcies or complex individual bankruptcies or small business bankruptcy restructuring plans or individual bankruptcy restructuring plans collectively referred to commonly as Chapter 11 bankruptcy cases.  An attorney who refers to themselves as a Chapter 7 bankruptcy attorney usually has experience in consumer bankruptcy cases or small business liquidation or small business bankruptcy cases collectively referred to commonly as Chapter 7 bankruptcy cases. 

                A 3. In Summary, the difference between a chapter 7 bankruptcy lawyer and a chapter 11 bankruptcy lawyer is usually in how the bankruptcy attorney views their own experience and expertise in a bankruptcy law practice.

6. 6.Q. How much bankruptcy experience does M. Denise Doton have? A. Denise Dotson has been practicing bankruptcy law almost exclusively since 2001.  In 2009, Denise Dotson began her own law practice dedicated to Chapter 11 Bankruptcy, Chapter 7 Bankruptcy, business bankruptcy, personal bankruptcy, and bankruptcy reorganizations in Atlanta, Georgia.  From 2005 to 2009, Denise Dotson served as Of-Counsel at Jones & Walden, LLC in Atlanta, Georgia. From 2002 to 2005, Denise Dotson was an Associate at Lamberth Cifelli Stokes Ellis & Nason, PC in Atlanta, Georgia. From 2001 to 2002, Denise Dotson was an Associate at Paul Hastings Janofsky & Walker in Atlanta, Georgia. From 1999 to 2001, Denise Dotson served as a Law Clerk for the Honorable Joyce Bihary, a United States Bankruptcy Court Judge.
   

7. 7.Q. Can Denise Dotson just help me prepare my filing for bankruptcy and not represent me? A. No. If you retain Denise Dotson, she will discuss with you your best options including filing for bankruptcy and offer you legal advice. Georgia allows for a non-attorney to assist individuals with the paperwork when filing for bankruptcy, but those non-attorneys are forbidden from giving legal advice. If you decided to file for Chapter 7 bankruptcy, Denise would walk you through the entire process from start to finish. 
   

8. 8.Q. Creditors are calling me so is now when to file bankruptcy? A. Only after a consultation, would Denise Dotson, or any attorney, be able to tell you if now is the time to file, later, or ever. Filing for bankruptcy is one option among many.
   

9. 9. Q. How do I stop a foreclosure on my house or condo or residence? A. Bankruptcy filing stops a foreclosure with the automatic stay. This stoppage might be temporary because the mortgage company can file a motion for relief from the automatic stay. If that motion is granted by the Bankruptcy Court, then the foreclosure proceedings could continue. 
   

10. 10.Q. Are there Georgia bankruptcy laws that are different than other states? A.  Bankruptcy laws are federal  and uniform throughout the nation.  The only area where state laws are utilized are when determining personal exemptions where states are permitted to opt out of federal exemptions and establish their own exemptions. 
    

11. 11. Q. What is a bankruptcy trustee? A. The bankruptcy trustee is charged with investigating your case in search of assets that may be able to be liquidated. Proceeds from any liquidation would go towards paying your creditors. A trustee is not a judge. Most individuals will never see the judge assigned to their case. All debtors will have a meeting with the trustee assigned to their case.
    

12. 12. Q. What is a Meeting of Creditors? A. The meeting of creditors is usually a brief meeting where the Chapter 7 Trustee reviews and asks questions of the debtor. Creditors of the debtor also have the opportunity to ask questions of the debtor. Attendance at the Meeting of Creditors is required for a discharge.
    

13. 13. Q. What debts will be discharged in a bankruptcy? A. Generally, Chapter 7 Bankruptcy discharges all debts.  However, common examples of debts excluded from discharge include taxes, alimony, and child support obligations.
    

14. 14. Q. What is a reaffirmation agreement? A. When a creditor loans money for an automobile, home, or other large purchase, the item purchased can “secure” the loan. This means that if the debtor does not repay the loan, the creditor takes back or repossesses the item that secured the loan. When an individual files for Bankruptcy, and wishes to continue making payments on a loan such as a car loan or a mortgage payment in order to remain in the house, the debtor must agree to continue to repay the debt and a creditor may  supply a reaffirmation agreement.   Reaffirmation agreements must be filed with the court.  Reaffirming a debt using a reaffirmation agreement cannot place too heavy of a financial burden on an individual.  A reaffirmed debt will not be discharged.  Contact a qualified attorney to help you determine if a specific reaffirmation agreement is in your best interest or not and if signing the reaffirmation agreement would place you under undue financial burden.
    

15. 15.Q. Is M. Denise Dotson a bankruptcy attorney in Atlanta? Yes. M. Denise Dotson, LLC is a bankruptcy attorney in Atlanta.  The office is located two blocks from the State Capitol in the heart of downtown Atlanta. It is also only two blocks from the Federal Building where the Bankruptcy Court is housed. Denise also practices bankruptcy law in the Atlanta Metro area which covers  Roswell, Atlanta, Alpharetta, Sandy Springs, Buckhead, Decatur, Stone Mountain, Dekalb County, Fulton County, Forsyth County, Cobb County, and most of North Georgia.
    

16. 16.Can M. Denise Dotson handle my corporate bankruptcy filings?  Yes, in many cases if your business is a small to medium sized company, M. Denise Dotson has experience in dealing with corporate bankruptcy filings, monthly operating reports, and associated issues with corporate bankruptcy filings.
    

17. 17.What makes a “good bankruptcy lawyer?”  Like hiring any professional such as a doctor, dentist, or accountant, a “good bankruptcy lawyer” would have experience, knowledge, accessibility, responsiveness.  A “good bankruptcy lawyer” would generally have practical experience in bankruptcy based upon years of practicing bankruptcy law. There is also a comfort level that is established early on in a meeting between attorney and potential client. Whether or not an attorney is a “good bankruptcy lawyer” can depend upon the rapport built between the two parties as well.
    

18. 18.Can I get a credit card after bankruptcy filing? There is life after bankruptcy. You will be able to rebuild your credit worthiness. A good option might be a small secured credit card for several months of successful, responsible use. A slow gradual increase in credit limit will usually occur as you make small charges and pay the balances off.  After a certain time period, usually a year of responsible credit behavior, you will likely begin to receive unsecured credit card offers.  Credit cards should always be used responsibly. Denise would discuss credit cards, credit scores and repairing your credit post bankruptcy.
    

19. 19. What happens after bankruptcy filing? What happens after bankruptcy filing depends on if the entity filing was a business or individual, if the filing was a Chapter 7 or Chapter 11, and if the filing was successful. In a Chapter 7 filing, businesses are liquidated, do not receive discharges, but debts are “erased”. In a Chapter 7 filing, individuals receive discharges and most debts are forgiven if a discharge is granted. Some debts like taxes, student loans, and domestic support obligations are not discharged. Some debts are reaffirmed, like a car loan when the debtor wants to keep a car.  After filing for Chapter 11 Bankruptcy, both individuals and businesses enter into a process of reorganization.
    

20. 20. What happens to mortgages after bankruptcy filing? A debtor has an opportunity to reaffirm a mortgage. Reaffirming a mortgage means the debtor continues to pay the mortgage after the bankruptcy is filed and the discharge is received. Reaffirming a debt, including a mortgage, means the debt is not discharged and the debtor is liable for this debt even after a discharge is received.  Consulting an attorney experienced in bankruptcy is encouraged prior to reaffirming a debt.
    

21. 21. What happens after declaring bankruptcy? Generally speaking, after declaring bankruptcy, an automatic stay is in effect immediately. This means that most legal actions stop for a period of time. Credit Collectors, once told of a bankruptcy filing, or retaining of an attorney, should cease contact and communication with the debtor.
    

22. 22. What is a bankruptsy lawyer? An attorney who practices in the area of bankruptcy.  In Georgia, once an attorney passes the Georgia Bar test, there is not any additional requirements to calling oneself a bankruptcy attorney. Occasionally you will see bankruptcy spelled with an -sy at the end instead of a -cy. This is generally considered a mispelling, but it appears enough that some people think there might be two different things. It’s similar to a theatre and a theater in that the spelling is slightly different but both places have movies or plays in them.
    

23. 23.What is a chapter 13 attorney? What is a chapter 13 lawyer? Chapter 13 attorneys and Chapter 13 lawyers have experience dealing with debtors who have a job and assets, usually in the form of equity in the residence house. The Chapter 13 plans are similar to a chapter 11 plan, in that there is a reorganization aspect of the plan. Chapter 13 plans are very complex and consultation with a Chapter 13 experienced attorney is highly recommended.
    

24. 24. Is there consumer bankruptcy law that differs from business bankruptcy law? Yes. There are rules that apply to both consumers and businesses, and there are rules that apply to consumers but not small businesses.  An experienced Chapter 7 attorney or a Chapter 11 attorney can explain the consumer bankruptcy laws and small business bankruptcy laws to clients.
    

25. 25. What is the cost of filing bankruptcy? The cost of filing bankruptcy varies.  There are filing fees. There are costs for mandatory credit counseling. There are costs for mandatory debtor education courses.  There are attorney costs, if you have an attorney. The more complex your financial situation, generally, the higher the recommendation to consult an attorney. Filing pro se (without an attorney) will save the attorney fees, but may cost debtors more in repeated filing fees, or mishandled financial situations. For some financial situations, an attorney is required because of the complexity of the process.
    

26. 26. Can I get a credit card after bankruptcy discharge? Creditors know that if you just received a discharge, you are on the hook, so to speak, for the next 8 years. Therefore, you might be a desirable credit risk.  Otherwise, debtors can obtain a low credit limit secured card, and begin the process of rebuilding their credit worthiness.
    

27. 27. What can I do about credit repair after bankruptcy? Debtors can repair their credit after bankruptcy by obtaining a low credit limit secured card, making charges for things that would normally be paid in cash, like groceries. This ensures the debtor has the funds to pay off the card at the end of the month.  Repeating this process over several months will begin the process of rebuilding their credit worthiness.
    

28. 28. What happens to debts after bankruptcy? Debts after bankruptcy fall into several categories for chapter 7 filings. For secured debts, creditors have the option of seizing the collateral that secured the debt, if it is not reaffirmed. For priority debts, they will not be discharged and must be repaid. For unsecured debts, they are discharged, meaning zeroed out.
    

29. 29. What are the rules for a Georgia bankruptcy filing? Bankruptcy is a Federal set of rules.  States are specific in the way they define exemptions allowed in bankruptcy.
    

30. 30. Is there life after bankruptcy chapter 7 filings? Of course there is life after bankruptcy chapter 7 filing. Many people have reported that the removable of the weight of unmanageable debt burdens allows them to improve their financial situation with much less mental stress, over time.
    

31. 31. Should I file bankruptcy? Without discussing a person's individual situation, there is not any way to answer this question. Generally speaking, if a person adds up their current debts, and projects out 8 to 10 years and is still paying on these debts, then filing for bankruptcy might be considered a viable alternative.
    

32. 32. What happens to student loans after bankruptcy? Nothing. Student loans are priority debts that are not discharged. Student loans must be repaid, even after a discharge is received.
    

33. 33. What if I negotiate with a credit card company to reduce my debt? Negotiating with a credit card company who agrees to reduce my debt will submit a 1099 form to the IRS declaring the difference as income, subject to taxes.
    

34. 34. What is a benefit of Chapter 7 bankruptcy? A major benefit of Chapter 7 bankruptcy instead of negotiating debts down with creditors has to do with taxes. If a debtor has $100,000 credit card debt and the creditor allows the debt to be reduced to $10,000 the debtor is initially thrilled they are paying 10 cents on the dollar. Thrilled until the 1099 comes stating they "made" $90,000 in profits and now are responsible for taxes on the profits.  Effectively, the debtor in this situation turned unsecured debt into a priority debt that will not be discharged in a bankruptcy. If this debtor had filed bankruptcy, the $100,000 in unsecured credit card debt would be wiped to zero and there would be no tax liability.
    

35. 35.Where are M. Denise Dotson’s clients locates? Most clients are located within several hours of Atlanta, Georgia.  These cities and counties are covered by the Northern and Middle Districts of Georgia.  City and county names include but are not limited to:  Alpharetta, Athens, Atlanta, Austell, Avondale, Banks, Barnesville, Barrow, Bartow, Blairsville, Blue Ridge, BlueRidge, Brookhaven, Brooks, Buchanan, Buckhead, Buford, Butts, Calhoun, Canton, Carnesville, Carroll, Carrollton, Cartersville, Cascade, Catosa, Cedartown, Chamblee, Chatsworth, Chattoga, Cherokee, Clarke, Clarkston, Clayton, Cleveland, College Park, Conyers, Covington, Coweta, Cumberland, Cumming, Cummings, Dade, Dahlonega, Dallas, Dalton, Danielsville, Dawson, Dawsonville, Decatur, Douglas, Douglasville, Downtown, Duluth, Dunwoody, East Point, Eatonton, Elbert, Elberton, Elijay, Ellenwood, Emory, Fairburn, Fannin, Fayett, Fayette, Fayetteville, Floyd, Forest Park, Forsyth, Franklin, GA, Gainesville, Georgia, Georgia Three Rivers, Gilmer, Gordon, Greene, Greensboro, Greenville, Griffin, Gwinnett, Hall, Hampton, Haralson, Hart, Hartsfield, Hartwell, Heard, Henry, Hiawassee, Hiram, Homer, Inman Park, International, Jackson, Jasper, Jefferson, Jonesboro, Kennesaw, LaFayette, LaGrange, Lake City, Lamar, Lawrenceville, Lenox, Lexington, Lilburn, Lithia Springs, Lithonia, Loganville, Lumpkin, Mableton, Madison, Marietta, McDonough, Meriwether, Midtown Atlanta, Milton, Monroe, Morgan, Morrow, Murray, Newnan, Newton, Norcross, Oconee, Oglethorpe, Olympic Park, Palmetto, Park, Peachtree City, Pickens, Pike, Polk, Powder Springs, Rabun, Ringgold, Riverdale, Rockdale, Rome, Roswell, Sandy Springs, Senoia, Sharpsburg, Smyrna, Souglasville, Spalding, Stephens, Stockbridge, Stone Mountain, Summerville, Suwanee, Thomaston, Toccoa, Towns, Trenton, Troup, Tucker, Tyrone, UGA, Union, Union City, Upson, Villa Rica, Vinings, Virginia Highlands, Walker, Walton, Watkinsville, White, Whitefield, Winder, Woodstock, Zebulon
    

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