Georgia Bankruptcy

Bankruptcy is a legal process in which individuals or businesses seek relief from their debts when they cannot meet all their financial obligations. It must be filed in a federal court, but Georgia’s own exemption will determine which property is retained.

Georgia has opted out of federal exemptions. This action requires most individuals to file their case in accordance with the state’s exemption list.

How to File Bankruptcy in Georgia

The knowledge of a practical roadmap is important for you to quickly understand the filing procedures for bankruptcy in Georgia. It is mandatory to complete credit counseling within 180 days prior to filing your case. Then complete debtor education after filing your case with the court. Gather all documents, including two years of tax returns, six months of income proofs, bank statements, asset and debt lists, titles, and deeds.

Choose the appropriate chapter and apply Georgia exemptions. File your petition and schedules with the proper Georgia bankruptcy district (depending on where you reside). Pay the filing fee to the court. You may request installments or a fee waiver (if eligible).

You must attend the 341 meeting of creditors and provide ID and requested documents. During this meeting, you must respond to the trustee’s questions and court notices until discharge or plan confirmation.

Georgia Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

Based on your debt profile and Georgia’s exemptions, you may choose the proper type of chapter.

Chapter 7 (liquidation)

This option is considered for individuals with low income and limited non-exempt assets. The trustee may sell your non-exempt property to repay the creditor. The intervention of Georgia’s homestead, vehicle, and wildcard rules determines what assets you keep.

Chapter 13 (repayment plan)

If you receive regular income, you can schedule a repayment plan that lasts for about 3–5 years. You must obtain the court's approval for your repayment plan.

Chapter 11 (reorganization)

This chapter applies mainly to businesses and some high-debt individuals. When you file under the chapter, your operations will continue under a court-approved plan in any of Georgia’s bankruptcy districts.You can continue your business until you repay the loan entirely.

Step in Filing For Bankruptcy in Georgia

For quick information on how to file for bankruptcy in Georgia, review this checklist.

• Complete your credit-counseling course
• Gather financial records required for filing
• Choose the proper chapter type and apply Georgia exemptions
• File your petition and schedules with the court in the proper district
• Pay the filing fee or request a waiver, or installments
• Attend the 341 meeting of creditors
• Complete debtor-education course
• Monitor and respond to trustee/court communications until discharge or plan completion.

Georgia Bankruptcy Courts & Access to Records

Georgia has three federal bankruptcy districts where you can file your case based on your location (where you live).

Court Locations

The Northern District of Georgia: The court has its main location headquarters in Atlanta. You can also access other court divisions at Gainesville, Newnan, and Rome. The main courthouse of the United States Bankruptcy Court for the Northern District of Georgia is:

The Middle District of Georgia: The main courthouse is located in Macon, with another division at Columbus. You may find the address for the main courthouse at:

The Southern District of Georgia: The court has a main office in Savannah with divisional hearing sites in Augusta, Brunswick, Dublin, Statesboro, and Waycross. You may contact the main courthouse at:

Record Access

All three U.S. Bankruptcy Courts in Georgia keep their records at the courthouses and allow the public to access them through various means. Online access is granted to individuals through the Public Access to Court Electronic Records (PACER) system. This system is provided by the Federal Judiciary to allow individuals to access court information. You must register for a PACER account and pay a $0.10 fee to search and view the court case files on the system.

McVCIS is another free service that provides general case information over the telephone. It provides information, including the debtor's name, case number, assigned judge, filing date, chapter, asset/no-asset designation, attorney, trustee, and current case status. You can access this voice case information system from any touch-tone telephone anytime, except during system maintenance. To access this service, you must call (866) 222-8029 (toll-free) and follow the prompts for Georgia Southern Bankruptcy Court.

The public may view, without charge, online dockets and documents in the Clerk's Office. Printing of records costs $0.50 per page, and you may request the records in person or by mail (for a fee). There are public computer terminals located in the Clerk's Office that enable individuals to access court case information. The cost to print documents from the public computer terminals is $0.10 per page.