The Leading Bankruptcy Attorneys in the Augusta area

Matthew James Duncan | Kathryn A. Brow Aho

(706) 755-2928
Our staff is available by phone 24 hours a day to schedule initial consultations.

Who We Are

Our law firm handles Chapter 7 and Chapter 13 bankruptcy cases in Georgia. For the full list of counties, refer to our county list provided at the bottom of this page.

At Duncan & Brow, Attorneys at Law, LLLP, we understand the stress of overwhelming debt and the apprehension many feel about the prospect of filing for bankruptcy. In this time of rebuilding, we can help make sure that you get the relief you deserve. Bankruptcy is not the end. It is the beginning of a new and better life!

Get Immediate Assistance

What Our Clients Say

We Specialize in

Chapter 7 Bankruptcy
Chapter 7, or liquidation bankruptcy is a method of bankruptcy that can clear several types of unsecured debts through the selling of the debtors’ assets. The way it works is after filing for Chapter 7, the court will place an automatic temporary stay on all of your current debts; which stops creditors from accepting payments, garnishing your wages, repossessing your property, etc. The court will then take legal possession of your property and appoint a bankruptcy trustee to your case, who will then proceed to sell some of your assets in order to pay off the creditors with the proceeds.

Though in many cases there are simply no assets to sell, in which case your bankruptcy could be discharged within just a few months. Chapter 7 bankruptcy is most commonly used by debtors with very few or no assets of any value, typically people with a low income. So long as you fall under the income threshold for Chapter 7 bankruptcy, we could help you to file today and eventually get your debts discharged.
Chapter 13 Bankruptcy
Chapter 13, or Adjustment of Debts bankruptcy is typically reserved for debtors with a verifiable source of income. In these types of cases, after filing, a payment plan is created that allows you to repay your debts over a period of time typically lasting between 3 to 5 years. Unlike Chapter 7 bankruptcy, debtors are allowed to keep most if not all of their assets as the payments are made. This is because creditors have already been repaid partly if not in full by the end of the payment plan. In the case of the former, the remainder of your unsecured debts are discharged by the end of the payment plan. In order to qualify, you must have enough income to afford the payments and remain below the maximum total debt limit.

Chapter 13 bankruptcy is typically utilized by debtors suffering from the demands of creditors, rather than a lack of income. So if you feel that this less radical plan works for you, we could help you file for Chapter 13 bankruptcy as soon as possible in order to get your debts repaid.
Chapter 11 Bankruptcy
Chapter 11, also known as reorganization bankruptcy does as its namesake suggests and reorganizes the debtor’s business affairs, debts, and assets. It is thought of as one of the most complicated and expensive forms of all bankruptcy cases. For these reasons, it’s generally used by businesses, as a last resort after they’ve considered all other alternatives. The process begins when the debtor files a petition with the bankruptcy court, who are then required to charge the debtor a $1,167 fee for filing as well as a $550 administrative fee.

The purpose of Chapter 11 proceedings is for the court to aid your business in restructuring its debts and obligations. Most businesses in the process of filing for Chapter 11 continue to operate as usual, in which case they are known as a debtor in possession. However the business isn’t allowed to make certain decisions without the court’s permission; the sale of any assets (other than inventory), the termination or beginning of any rental agreements, as well as the stopping or expanding of any business operations. The court also presides over any decisions concerning the retaining and paying of attorneys, as well as entering into contracts with vendors and unions. As the business filing for bankruptcy, you have the responsibility of presenting a reorganization plan that’s in the best interest of your creditors. The physical plan may include reducing expenses through the downsizing of business operations or the renegotiating of debts.

While filing for Chapter 11 can simply result in the liquidation of the company’s assets it also gives you the opportunity to restructure and keep your business afloat. We would love to help you throughout this long and arduous process, in order to achieve the best results for you and your business.

Areas We Serve

  • Augusta
  • Brunswick
  • Dublin
  • Savannah
  • Waycross
  • Statesboro
  • Athens
  • Madison
  • Clarke
  • Oconee
  • Oglethorpe
  • Franklin
  • Elbert
  • Morgan