How Do You File Bankruptcy in Georgia?

You will need to have a list of all of your creditors as well a list of all of your assets (everything you own is considered an asset even if it’s not valuable). You will also need all the paycheck stubs that you and your spouse have received in the last 6 months. You will also have to have a copy of your last filed tax return to provide to your trustee.

Completing a special pre-bankruptcy credit counseling course is one of the steps everyone must take before filing bankruptcy in Georgia. The office of the United States Trustee provides a list of all approved credit counseling providers offering the required course in Georgia.

You can take the course online or over the phone. There’s a small fee for this course. Only take the course when you are ready and have all the information you need on how to file bankruptcy in Georgia because the certificate of completion is only valid for 180 days.

You will be required to submit your bankruptcy petition and schedules for filing bankruptcy to the court on the federal court forms. This packet of forms is typically over 30 pages.

The bankruptcy court charges a $338 filing fee for Chapter 7 and $313 for Chapter 13 bankruptcy cases. In some cases the court will allow you to pay $78.00 to file the case and then 30 days to pay 1/2 of the balance due and then another 30 days to pay the final balance.

The 341 meeting is a meeting with the trustee that will take place about 30 – 45 days after your Georgia bankruptcy case is filed. Right now, due to Covid, all of these hearings are being held by phone.  Once your case is filed the court will mail you notice and code to call in for your hearing where you will be examined by the trustee. Make sure you are prepared for your bankruptcy.

Your creditors can attend the 341 meeting to ask you questions about information in your bankruptcy forms.  For more information on what to do AFTER your hearing watch this video about the process after court.

The second (and final) bankruptcy course has to be completed before you can receive your Georgia bankruptcy discharge. You can take this course with the same company you took the first court with if you like. This certificate has to be filed with the court otherwise you will not receive your discharge.