Filing chapter 7 bankruptcy in Georgia
  • Stop garnishments immediately.
  • Affordable payment plan for clients
  • Allows you to remove judgment liens
  • Case lasts anywhere from 4-6 months.
  • Does not help you restructure mortgage arrears
  • Allow you to “redeem” or reaffirm on secured debt
  • Reported on your credit 10 years from date of filing.
  • May be able to discharge tax debt older than 3 years
  • Does not discharge child support or alimony arrears
  • Married couples can either file together or just one person can file.
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Saedi Law Group has Helped Over 20,000 Georgians File Chapter 7 Bankruptcy in Georgia. Let Us Help You!

Our experienced and professional attorneys are here to provide award-winning legal services to help you get out of debt.

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Who Can File Chapter 7 Bankruptcy in Georgia?

In order to qualify for Chapter 7 bankruptcy in Georgia you need to ensure that you not only pass the means test but that you also don’t have excess income left over in your normal monthly income.

If you are overwhelmed by credit card debt, past-due medical bills, and other crushing expenses, filing for Chapter 7 bankruptcy may be a way for you to get some relief from creditors and start fresh with your finances. A skillful Atlanta bankruptcy attorney can advise individuals and businesses alike on whether Chapter 7 may be the right choice for them if filing here in Georgia. 

In order to file for Chapter 7 bankruptcy in Georgia, you must meet some requirements. 

  1. You Have Not Filed a Chapter 7 Bankruptcy in the Last 8 Years: You are only able to file Chapter 7 bankruptcy every 8 years from the date of filing. If you don’t meet this requirement though you can still file a chapter 13 bankruptcy and may be eligible to discharge your debt at less than 100%.

  2. You Have Fulfilled the Credit Counseling Requirement: A Chapter 7 debtor must file with the bankruptcy court a pre-filing certificate at least 180 days prior to filing for Chapter 7.

  3. Your Normal Monthly Income: After your reasonable expenses are deducted from your household income you have very little disposable income left over.

  4. You Pass the “Mean Test”: With the enactment of the Bankruptcy Abuse and Consumer Protection Act of 2005 (“BAPCA”), bankruptcy debtors are now required to pass a “means test” in order to qualify for Chapter 7 bankruptcy. In order to pass the means test, you must have little or no disposable income.  The means test compares your average monthly income for the six-month period preceding your bankruptcy against the median income of a similar household in your state. If your income is below the median, you automatically qualify. You can check your income at this link to see if you pass: MEANS TEST CALCULATOR. Don’t worry if you don’t “pass” the initial test. If your income is above median, you will be required to complete the entire means test form instead of qualifying just based on your income. An experience bankruptcy attorney can walk you through this process and guide you on what is and is not permitted in the district you are filing in.

It is important to note that there are strict income limits to qualify for Chapter 7 bankruptcy. To learn more about whether you qualify, contact our knowledgeable Chapter 7 bankruptcy attorneys today.

Chapter 7 Bankruptcy vs. Debt Settlement

When considering debt settlement vs bankruptcy, it’s important to seek financial advice from an experienced bankruptcy attorney. There are pros and cons to each so find out which one is best for your situation.

Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy

There are many situations in which you may not be able to file Chapter 7 or a Chapter 13 is a better fit due to your financial goals. An experienced bankruptcy attorney can provide you with the best options based on your needs.

Deciding which chapter of bankruptcy to file can be confusing. Chapter 7 bankruptcy forces you to liquidate your assets that are not protected by exemptions and repay creditors. This means that if you have too much equity in your home that the Chapter 7 Trustee will sell the home and use the proceeds to pay your creditors.  You may be OK with that but most people want to keep their homes.  Typically, the entire Chapter 7 process is completed within four to six months.

Chapter 7 cases do not allow you to remove junior liens or to “cram down” secured loans on cars and furniture.  You also need to remember that you have to qualify for Chapter 7 bankruptcy and your current income and past six months of income have to be reviewed.

What Documents Will I Need If I Decide to File Bankruptcy Case?

The good news is that our firm will pull your credit reports and perform a nationwide lien search. Just review the list of documents that the court will require below.

If you are filing a Chapter 13 case you will be required to provide the last 60 days of income statements.  If you are unemployed, self-employed, or receive SSI you can sign an affidavit as to this in our office or online.

The court will require a copy of your last filed tax return. If you are not required to file taxes you can sign an affidavit as to this. If you have misplaced your copy we can request a transcript when you come into our office.

In order for your case to be valid upon filing you must complete a pre-filing credit counseling course.  There are several different companies that provide this service.  The three companies that most of our clients use are:

  1. www.debtoredu.com 
  2. www.abacuscc.org
  3. https://ccadvising.com

File Your Case the Right Way With the Right Law Firm! Don’t Become Just a Case Number at a Bankruptcy Mill mega firm!

Saedi Law Group has achieved its success by providing honest and experienced legal advice to Georgia consumers. We provide real-life options for clients and walk them through the entire process.

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We invite you to contact us either online or by phone at 404-919-7296 to schedule a free confidential consultation to review your personal financial situation and what options we can provide to protect you from creditors. For additional information about bankruptcy please also check out our YouTube Channel which has up to date vlogs on issues related to personal bankruptcy.

© 2024 Saedi Law Group LLC. All Rights Reserved. LEGAL DISCLAIMER: We are a debt relief agency. We help people obtain relief from their creditors by filing for bankruptcy. Nothing posted on this website shall constitute legal advice. If you need legal advice please contact our office to schedule an appointment. No attorney client relationship exists until we have a written contract.