What steps do I need to take to file for bankruptcy in Georgia?

To file for bankruptcy in Georgia, an individual must follow the legal process as outlined by the United States Bankruptcy Court for the Northern District of Georgia.

First, the individual must undergo credit counseling from an approved agency within 180 days prior to filing for bankruptcy. The counseling may be completed online or in person and should last for approximately 90 minutes. Once the counseling is complete, the individual will receive a certificate of completion, which must be filed with the court along with the bankruptcy petition.

Next, the individual must determine which type of bankruptcy to file. Chapter 7 bankruptcy is for individuals who have little to no disposable income, while Chapter 13 bankruptcy is for individuals with regular income who can afford to make payments to creditors over time. Once the type of bankruptcy is determined, the individual must complete all necessary forms and file them with the court.

The forms required for filing for bankruptcy include a petition, schedules, and statements. The petition includes the name, address, and other identifying information of the debtor, as well as which chapter of bankruptcy is being filed. The schedules include a list of assets and liabilities, income and expenses, and unexpired leases and contracts. The statements include a statement of financial affairs and a statement of intention.

After the petition and all necessary documents are filed with the court, an automatic stay goes into effect, which prevents creditors from taking any further collection actions against the individual. A meeting of creditors is then scheduled, where the debtor appears before a trustee and any interested creditors to answer questions about their financial situation.

Finally, the individual must complete a debtor education course before their debts can be discharged. The course must be completed within 60 days after the date set for the meeting of creditors.

It is important to note that bankruptcy laws are complex and can be subject to change. Additionally, there may be limitations or exceptions to filing for bankruptcy in certain situations. Therefore, it is strongly recommended that individuals seek the advice of a licensed attorney with experience in bankruptcy law to ensure that they are properly informed and advised throughout the process.