how to file for bankruptcy in ga without a lawyer

How to File Bankruptcy in Georgia for Free

• Collect Your Georgia Bankruptcy Documents. ...
• Take Credit Counseling. ...
• Complete the Bankruptcy Forms. ...
• Get Your Filing Fee. ...
• Print Your Bankruptcy Forms. ...
• Go to Court to File Your Forms. ...
• Mail Documents to Your Trustee. ...
• Take Bankruptcy Course 2. ...
• Attend Your 341 Meeting. ...
• Dealing with Your Car. ...

Full Answer

Can I file for bankruptcy in Georgia?

Individuals filing bankruptcy should place only the last four digits of their Social Security Number on the bankruptcy petition and other documents filed with the Court. Individuals are required to file, with the bankruptcy petition, a separate Statement of Social Security Number(s), Official Form B 121, in which their full Social Security Number is given.

Can I file bankruptcy without a lawyer in NY?

Apr 17, 2022 · If you’re filing without a bankruptcy attorney, make sure to file the Pro Se Affidavit required in this district. As of Oct. 15, 2020, anyone filing in the Northern District of Georgia can pay the court filing fee with a debit card or PayPal using this online system. Cashier’s checks and money orders are also accepted.

How much does it cost to file bankruptcy in Georgia?

You’re technically permitted to fill out bankruptcy paperwork without the help of an attorney, but if you do, you enter a paperwork minefield. A few of the most common mistakes include: Not filing some of the necessary documents. There’s a large federal form packet for filing bankruptcy, as well as local forms in many jurisdictions.

What are the residency requirements for filing bankruptcy in Georgia?

You must be a Georgia resident for at least 730 days before filing the bankruptcy petition. If you weren't living in any one state during the two years before filing for bankruptcy, you'd use the exemptions of the state you lived in for most of the 180 days before the two-year period that immediately preceded your filing.

How much does it cost to file Chapter 7 bankruptcy in GA?

$ 338.00FEE TABLE (Effective December 1, 2020)Filing FeesChapter 7$ 338.00Chapter 9$ 1,738.00Chapter 11$ 1,738.00Chapter 11 Railroad$ 1,571.0061 more rows

How do you qualify for bankruptcy in Georgia?

To qualify to file a Chapter 7 bankruptcy case in Georgia, you must have not filed a Chapter 7 bankruptcy less than eight years ago and must also meet an income test that is referred to as the “means test.” The means test uses the median income for your household size as a threshold for qualifying to file Chapter 7.

What Bankruptcy clears all debt?

Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period. Chapter 7, Chapter 11 and Chapter 13 bankruptcies all impact your credit, and not all your debts may be wiped out.Jun 2, 2021

What debts are not discharged in bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.Nov 2, 2020

What happens to collections when you file bankruptcies?

Once the debt is discharged by the bankruptcy court, the discharge permanently bars the creditor or debt collector from collection of the debt. Filing for bankruptcy can have long-term consequences so consult a bankruptcy attorney to learn more.Oct 25, 2017

What can you not file bankruptcies?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

Does Chapter 7 discharge All debts?

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

When should I file bankruptcies?

If you have large debts that you can't repay, are behind in your mortgage payments and in danger of foreclosure, are being harassed by bill collectors—or all of the above—declaring bankruptcy might be your answer.

What debts are not dischargeable in Chapter 7?

Generally speaking, in a Chapter 7 proceeding, the following types of debts are not discharged:Debts that were not listed at the start of the case (or debts for unlisted creditors). ... Most student loans (unless repayment would cause the debtor and their dependents undue hardship)Recent federal, state, and local taxes.More items...•Apr 7, 2021

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

What are 2 things you could do by yourself if you had debts you wanted to pay off?

Now, take action!Cut up a credit card.Post something you own for sale.Write down a goal to earn more money.Submit an application to a new (higher paying or additional) job.Transfer a high-interest rate balance.Confront your debt (write down your total debt and debt ratio)Reexamine your budget.More items...•Jan 20, 2022

How much does a bankruptcy lawyer charge in Georgia?

Typically, the cost of a bankruptcy lawyer ranges somewhere between $649 and $1,500, depending on where you live and how complex your case is. Scheduling a free consultation with a local bankruptcy law firm can’t hurt. If there is anything that may be unusual about your case, investing in a Georgia bankruptcy lawyer may be money well spent. They can help protect you from issues you may not even know exist until the trustee asks you about them.

What is the means test for bankruptcy in Georgia?

The means test is a way for the court to make sure that folks who have the ability to pay their debts, actually do so as part of a Chapter 13 case.

What is a wildcard exemption?

A wildcard exemption allows you to protect any property from your creditors even if it’s not otherwise covered. Once your Georgia bankruptcy petition is submitted to the court, a trustee is assigned to administer (handle) your case. It's the trustee's job to see if you have anything that is not protected by exemptions.

How long does it take to get a 341 in Georgia?

The 341 meeting is a meeting with the trustee that takes place about 30 - 40 days after your Georgia bankruptcy is filed - you can find the exact date and time on your Form 309A. A primary purpose of the meeting is for the trustee to verify your identity, so make sure you are prepared and bring a valid picture ID and proof of your social security number .

What is the second bankruptcy course in Georgia?

The second bankruptcy course has to be completed before you can get your Georgia bankruptcy discharge. This financial management course is similar to the credit counseling course you completed before you filed. You’ll receive quite a few advertisements from companies that offer the second course shortly after filing. It’s important to take the course from a provider that is approved to offer it in Georgia. Once done, you’ll receive a certificate of completion. Some course providers automatically file the certificate with the bankruptcy court for you.

How many counties are there in the Southern District of Georgia?

The Southern District of Georgia covers 43 counties and is broken into 6 divisions. The court provides a listing of each of the divisions and the counties they cover on their website. Interestingly, there is no separate disclosure for folks filing without a bankruptcy lawyer in this district.

Can you file bankruptcy in Georgia if you don't own a home?

If you’ve lived in the Peach State for at least 2 years, you have to use Georgia bankruptcy exemptions. If you don't own a home, you can use the wildcard exemption to protect property that doesn’t fit in any of the other categories.

Can you get your debts forgiven in Chapter 7?

For instance, you don’t always get your debts immediately forgiven in Chapter 7 bankruptcy. Your debtors could contest your bankruptcy or object to your right to discharge what you owe them.

Can I file for bankruptcy if I have a Chapter 7?

Chapter 7: You can only file for Chapter 7 bankruptcy if you qualify financially. To qualify, your income should be below the median for a household of your size in your state. There is some elasticity in these calculations, but if the court decides you make enough disposable income to pay a reasonable amount of your debts, you may not be allowed to choose this option.

Can I file for bankruptcy without a lawyer?

The long answer? Legally, you’re allowed to file for bankruptcy without a lawyer. The term for this is “pro se,” and many of those who file for bankruptcy do it this way. But it’s not a path we recommend.

How does bankruptcy work in Georgia?

The bankruptcy process falls under federal law, not Georgia state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

How long do you have to be a resident of Georgia to file for bankruptcy?

Spouses filing together can double the amount on any property owned together, except the homestead exemption. You must be a Georgia resident for at least 730 days before filing the bankruptcy petition.

How many bankruptcy districts are there in Georgia?

Your case starts when you file your paperwork with the local bankruptcy court and either pay the filing fee or request a fee waiver. Georgia has three bankruptcy districts—the Northern, Middle, and Southern districts—with multiple locations serving various geographical areas and web pages to access filing instructions and local forms.

What happens to nonexempt property in Chapter 7?

Here's how it works: In a Chapter 7 bankruptcy, the trustee appointed to manage your matter will sell any property that isn't exempt for the benefit of your creditors.

How much can you protect in a homestead exemption?

You can protect up to $21,500 in equity in real or personal property used as a residence or $43,000 if you're married. $10,000 of unused homestead exemption can be used to protect other property of your choosing, or $20,000 if you're married. (44-13-100 (a) (1).)

Who will review the exemptions in bankruptcy?

Exempt your property carefully. The bankruptcy trustee —the court-appointed official assigned to manage your case—will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.

How long does it take for creditors to stop bothering you?

Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

What is required to file for bankruptcy in Atlanta?

Filing for Chapter 7 bankruptcy in Atlanta requires the submission of some specific Georgia bankruptcy forms that are unique to the Northern District. While most of the forms you need are standard, federal forms, the Northern District also mandates that filers submit a Pro Se Affidavit if they are filing without an attorney’s assistance.

How long before bankruptcy in Atlanta GA?

The Court tries to make sure that before someone files for Atlanta bankruptcy, they understand both what this process entails and what other debt relief options may be worthy of consideration. It’s for this reason that during the six months before you file for Chapter 7 bankruptcy in Atlanta, you’re required to participate in a credit counseling course that has been approved by the Department of Justice for filers in the Northern District of Georgia. This course will give you access to the information you need to make an informed decision about your financial circumstances.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How much does it cost to file for bankruptcy in Atlanta?

When you’re already struggling to make ends meet, being told that you have to pay a $338 fee to file for Atlanta bankruptcy under Chapter 7 may be enough to make you want to tear your hair out a little. It’s important to understand that not all filers actually end up having to pay this fee. Yes, filing bankruptcy in Atlanta costs $338 ordinarily. However, filers who earn less than 150% of the poverty line can ask the Court to approve a fee waiver request. When approved, fee waiver requests allow the Court to evaluate cases for free. Even if you earn too much income to qualify for a fee waiver, you can make the process of paying this fee more manageable by asking the Court for permission to make payments in installments.

What is Schedule C bankruptcy?

This form is one of the most important documents you’ll submit to the Court because you’ll use it to identify which Georgia bankruptcy exemptions the Court will use to protect your eligible property from being sold by your Trustee to pay back your creditors. If you don’t own much especially valuable property, the available exemptions available should protect most or all of your property from being sold by your Trustee.

How many branches does the Atlanta Public Library have?

Did you know that the Atlanta-Fulton Public Library System has 34 different local branches? If you don’t have a printer at home or easy access to a printer at work, you may need to check out the library branch closest to your residence. The U.S. Bankruptcy Courts are behind the times and don’t allow individuals seeking bankruptcy relief to file their paperwork online. Instead, they’re required to physically print their forms out. This is inconvenient for many Atlanta bankruptcy filers as few American households have printers anymore. Thankfully, you can print out your forms at the library for a modest fee. Alternatively, you can head to a commercial printing service provider like Fed-Ex to accomplish this task.

How long are 341 meetings?

Thankfully, this process is usually predictable and low-stress, so there is no need to over-prepare. In general, these meetings only last for 10-15 minutes and creditors don’t usually bother to attend them in person unless a low-income filer’s debts are unusually complex. Expect that you’ll likely be speaking with your Trustee one-on-one and that you’ll be placed under oath before being asked about your finances generally and why you’re filing bankruptcy in Atlanta. Make sure to slip a photo ID and your Social Security card in your wallet before you go, as you’ll be asked for these pieces of identification upon arrival.

How long does it take to file for bankruptcy?

This course can be done online or by phone and usually only takes about 30 minutes to complete. You cannot file your case without it. Review and Sign Off On Your Paperwork.

What is a trustee in bankruptcy?

A trustee is an independent contractor (not an employee of the bankruptcy court), who is appointed to in effect oversee your bankruptcy case. They are essential to the operation of the bankruptcy system. A trustee will be appointed in almost every bankruptcy case except for Chapter 11 reorganizations and Chapter 9 municipality cases.

What is Chapter 7 trustee?

A Georgia Chapter 7 trustee analyzes the debtor’s property to determine if the Chapter 7 trustee can sell the property at a bankruptcy auction. The proceeds from the sale are used to pay the debtor’s unsecured creditors.

What happens after a case is reviewed?

After your attorney has reviewed your case they will provide you a petition to review and sign. This is the legal document that lists all your debts, assets, monthly budget, and household size. Attend Your Court Hearing. Once your case has been filed you will be assigned a trustee, court date, and time.

What happens when you file Chapter 7?

Once you file chapter 7 bankruptcy all garnishment actions have to stop. Collection lawsuits must stop as soon as you file for Chapter 7 bankruptcy protection. The automatic stay of bankruptcy prevents creditors from calling you or contating you. Chapter 7 allows you clear your debt and start a new financial life.

Can you keep your home if you file Chapter 13?

A Chapter 13 bankruptcy case allows you to keep your home and your vehicle by giving you more time to catch up the payments.

Can you get rid of debt in bankruptcy?

You are not able to get rid of some debts in bankruptcy. However, through a Chapter 13 plan, you can repay many of these debts in full over three to five years. Priority unsecured debts that must be paid in full in a Chapter 13 or Chapter 7 case include alimony, child support, and most taxes.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What is civil case?

A civil case, which is the only type of case you can start in federal court, is different from a criminal case, which can only be started by government officials. In a civil case, you do not have a constitutional right to appointed counsel.

What is pro se information?

The pro se information on the Court's website is specifically for individuals who are representing themselves in the Southern District of Georgia without the assistance of an attorney. It is intended as an informative and practical resource for pro se litigants, and is not a substitute for legal advice from an experienced attorney. The information is procedural in nature and should be read in conjunction with the Federal Rules of Civil Procedure, the Local Rules of this Court and the individual practices of the judge assigned to your case. Moreover, the links to other websites are for informational purposes only, and neither the United States District Court Clerk's Office nor any employee of the United States District Court for the Southern District of Georgia is responsible for the accuracy of the information contained in other websites.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.