How to File for Bankruptcy in Georgia: Chapter 7 Forms and Exemptions

To file for bankruptcy in Georgia, you choose between Chapter 7 and Chapter 13, complete a pre-filing credit counseling course, prepare the federal bankruptcy petition using Georgia’s property exemptions, and submit it with the filing fee to the clerk of the federal bankruptcy court for the Georgia district where you live. From there, an automatic stay halts collection, you attend a short meeting with a trustee about three to six weeks later, finish a second financial management course, and receive your discharge order.

Pick the Right Chapter First

Everything else depends on this decision. Chapter 7 is a liquidation: a trustee reviews your assets, sells anything not protected by a Georgia exemption, and wipes out most unsecured debts (credit cards, medical bills, personal loans). It typically closes about four months after filing.¹

Chapter 13 is a repayment plan lasting three to five years. You pay a trustee monthly, the trustee pays creditors, and in return you can keep property you’d lose in Chapter 7 and cure a past-due mortgage or car loan without surrendering the collateral.² Chapter 13 is capped at $526,700 in unsecured debt and $1,580,125 in secured debt; above those limits, Chapter 7 (or Chapter 11 in complex cases) is the only route.³

Confirm You Qualify for Chapter 7

Chapter 7 is gated by the means test. You take your household income over the six full calendar months before filing and compare it to Georgia’s median income for a household your size. For cases filed between November 1, 2025 and March 31, 2026, the Georgia medians are:⁴

One earner: $66,722
Two people: $82,787
Three people: $98,877
Four people: $120,315
Each additional person: add $11,100

Below the median, you pass. Above the median, a second calculation applies: it subtracts IRS-approved living expenses (food, clothing, housing and utilities set by your Georgia county, transportation, out-of-pocket health care) from your income to see whether you have enough disposable income to fund a Chapter 13 plan.⁵ If disposable income is low enough, you still qualify for Chapter 7. If not, you’ll need to file Chapter 13.

Take the Pre-Filing Credit Counseling Course

Before you can file, federal law requires a credit counseling session with an agency approved by the U.S. Trustee Program.⁶ The session covers budgeting and alternatives to bankruptcy. Most approved providers deliver it online or by phone, and fees typically run $10 to $50. You’ll get a certificate of completion, and that certificate has to be filed with your petition.

A second course, called debtor education or personal financial management, comes after you file but before you can receive a discharge. More on that below.

Gather Your Documents

Bankruptcy requires a complete financial snapshot, declared under penalty of perjury. Pull these together before you touch the forms:⁷

Pay stubs or other proof of income from every source, covering the 60 days before you file
Your most recent federal tax return (the trustee needs it at least seven days before the 341 meeting; trustees often ask for the prior two years as well)
A full asset inventory with reasonable current market values: real estate, vehicles, bank accounts, retirement funds, personal belongings
Debt records showing the name, address, account number, and balance for every creditor
A realistic monthly budget
Your credit counseling certificate

Value personal property at replacement value, meaning what a retail seller would charge for a comparable used item in similar condition, not what you paid new.⁸ Used furniture, electronics, and clothing are worth far less than most people assume, and realistic values help your exemptions cover more.

Apply Georgia’s Exemptions

Georgia has opted out of the federal exemption system, so you must use Georgia’s own schedule to protect property. These exemptions decide what you keep in Chapter 7 and affect how much you must pay unsecured creditors through a Chapter 13 plan. The key figures under O.C.G.A. § 44-13-100:⁹

Homestead: up to $21,500 in equity in your primary residence ($43,000 if married and only one spouse holds title)
Motor vehicle: up to $5,000 in equity in one vehicle
Household goods: up to $300 per item and $5,000 total for furniture, appliances, clothing, and similar belongings
Jewelry: up to $500
Tools of the trade: up to $1,500 in professional tools, books, or equipment you need for your job
Wildcard: $1,200 in any property you choose, plus up to $10,000 of unused homestead exemption applied to any other asset

The wildcard is the lever most Georgia filers underuse. A renter with no homestead equity to protect can shift up to $10,000 of that unused amount onto a car with extra equity, a bank account balance, or a tax refund.

Complete the Federal Forms

The official bankruptcy forms are on the U.S. Courts website. The core document is the Voluntary Petition, which names you and the chapter you’re filing under. Attached to it:

Schedule A/B lists all property and estimated values
Schedule C claims your Georgia exemptions on specific assets
Schedule D lists secured creditors (mortgage holder, auto lender)
Schedule E/F lists unsecured creditors
Schedules I and J show monthly income and expenses
The Statement of Financial Affairs covers recent financial history, including large payments to creditors, lawsuits, and property transfers in the past two years

Every figure is sworn. Omitting a bank account or a creditor can cost you your discharge or trigger fraud allegations. If you’re uncertain about a value, disclose it and explain your estimate.

File in the Right Georgia District

Georgia has three federal judicial districts. The Northern District covers the Atlanta metro area and surrounding counties; the Middle District is centered around Macon and Columbus; the Southern District covers Savannah and the southeastern part of the state. You file in the district where you lived for the greater part of the 180 days immediately before filing.¹⁰ Each district court’s website lists the counties it serves.

Fees:¹¹¹²

Chapter 7: $338 total ($245 filing fee, $78 administrative fee, $15 trustee surcharge)
Chapter 13: $313 total ($235 filing fee, $78 administrative fee)

You can ask the court to let you pay in installments. Chapter 7 filers with household income below 150% of the federal poverty guidelines can apply for a complete fee waiver. Filing without a lawyer generally means delivering paper forms to the clerk’s office in person; the clerk assigns a case number, and your case is open. Attorney fees in Georgia typically run around $800 to $3,500 for a straightforward Chapter 7, with Chapter 13 running higher when mortgage arrears or other complications are involved.

What Happens After You File

The moment the petition is filed, a federal court order called the automatic stay takes effect. It stops most collection activity: collection calls, wage garnishment, lawsuits over unpaid debts, utility shutoffs (temporarily), and foreclosure proceedings.¹³ It does not stop criminal proceedings, child support or alimony collection (including wage withholding), family court matters other than property division, or tax audits and deficiency notices.

If you filed a previous bankruptcy that was dismissed within the past year, the automatic stay may last only 30 days or not kick in at all unless you move quickly to have the court extend it on a good-faith showing.

Roughly 21 to 60 days after filing, you’ll attend the 341 meeting of creditors. The trustee runs it, not a judge, and it usually happens in a conference room.¹⁴ Creditors rarely appear. The trustee puts you under oath and asks about your petition, assets, income, and debts. Most meetings last five to ten minutes when the paperwork is in order. Bring a government-issued photo ID, your Social Security card, and any documents the trustee requested, typically recent bank statements and your most recent tax return. Missing the meeting is grounds for dismissal.

Before discharge, you also have to complete the post-filing debtor education course and file the certificate (Official Form 423). In a Chapter 7, file it within 60 days after the first date set for the 341 meeting.¹⁵ Missing this deadline is one of the most avoidable ways to lose a discharge.

When You Get Your Discharge

In a Chapter 7, the discharge order usually comes about 60 days after the 341 meeting, assuming no objections and the debtor education certificate is on file.¹ The order permanently eliminates your personal liability on qualifying debts, and creditors who received notice cannot try to collect them again.

In a Chapter 13, the discharge comes at the end of the repayment plan. Below-median filers can propose a three-year plan; above-median filers typically must commit to five years.²

Debts That Won’t Go Away

Filing does not erase everything. Federal law excludes several categories from discharge in either chapter:¹⁶

Child support and alimony
Most recent income tax debts, and any tax tied to fraud or an unfiled return; older income taxes may qualify if the return was due at least three years ago, was filed at least two years ago, and the tax was assessed at least 240 days before filing
Student loans, unless you file a separate lawsuit in your case and prove undue hardship
Debts obtained through fraud or false pretenses
Debts for personal injury or death caused by drunk driving
Debts for willful and malicious injury to a person or property
Criminal fines and restitution

A timing trap sits on top of these. Luxury purchases totaling more than $900 to a single creditor within 90 days of filing, and cash advances totaling more than $1,250 within 70 days of filing, are presumed nondischargeable.¹⁶ Running up credit cards in the weeks before filing looks like fraud, and courts treat it that way.

1
United States Courts. Discharge in Bankruptcy – Bankruptcy Basics
2
United States Courts. Chapter 13 – Bankruptcy Basics
3
Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor
4
United States Department of Justice. Means Testing – Median Family Income Table
5
United States Department of Justice. Means Testing – IRS National and Local Standards
6
United States Department of Justice. Credit Counseling and Debtor Education Information
7
Office of the Law Revision Counsel. 11 U.S. Code 521 – Debtor’s Duties
8
Office of the Law Revision Counsel. 11 U.S. Code 506 – Determination of Secured Status
9
Justia. Georgia Code 44-13-100 – Exemptions for Purposes of Bankruptcy and Intestate Insolvent Estates
10
Office of the Law Revision Counsel. 28 USC 1408 – Bankruptcy Venue
11
Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees
12
United States Courts. Bankruptcy Court Miscellaneous Fee Schedule
13
Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
14
United States Department of Justice. U.S. Trustee Program – Section 341 Meeting of Creditors
15
United States Courts. Official Form 423 – Certification About a Financial Management Course
16
Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge