How To File Bankruptcy for Free in Georgia

Collect Your Georgia Bankruptcy Documents

To get started, you’ll need to gather a few key documents. These help you fill out your bankruptcy forms and meet the court’s requirements. 

Many Upsolve users say that getting organized before starting their filing helps them feel less overwhelmed.

Here’s what you’ll need to file your case:

• Paycheck stubs from the past six months to show your income

• Tax returns from the last two years

• A bank statement that includes your bankruptcy filing date

📝 After you file, the court will assign a bankruptcy trustee to review your case. They’ll go over your paperwork and may ask for more documents. Responding quickly helps keep your case moving forward.

Some documents aren’t required by the court or trustee, but they can make it easier to fill out the required forms. Gathering the following will help you accurately list all your debts, income, and expenses:

• Credit card and loan statements

• Letters or notices from debt collectors

• Bank statements from the last 6–12 months to show your typical expenses

• A recent credit report

📄You can get a free credit report each week from the three main credit bureaus at AnnualCreditReport.com.

🛠️If you use Upsolve’s free filing tool, we’ll pull your credit report for you.

Complete the Bankruptcy Forms

Next, it’s time to fill out your bankruptcy forms using the documents you collected. These forms tell the court about your finances and officially kick off your Chapter 7 case.

All Chapter 7 bankruptcy forms are federal forms, and they’re the same in every state. You can download them for free as fillable PDFs from USCourts.gov. Some courts also require local forms, which vary by district. You’ll find those details later in this guide.

✨ If you qualify to use Upsolve’s free filing tool, you’ll answer some questions online, and the tool will generate your completed forms for you.

🤝 If you choose to work with a lawyer instead, they usually fill out and submit the forms for you using information you provide.

Take the Required Credit Counseling Course

Before you can file your case, you need to take a credit counseling course. This class is required to make sure you know your debt relief options and to help decide if bankruptcy is right for you.

Here’s what to know about the course:

• You must take it within 180 days before filing your bankruptcy case.

• It has to be taken from an approved provider.

• It takes 1–2 hours.

• You can take it online, by phone, or sometimes in person.

• It usually costs between $10–$50, but if you can’t afford the fee, you can apply for a fee waiver.

⚠️You’ll get a certificate of completion when you finish the course. You’ll need to file this certificate with the court when you submit your bankruptcy forms. If you don’t, the court may dismiss your case.

Get Your Filing Fee (or Fee Waiver Form)

When your forms and coursework are completed, you’re ready to file your case with the court. 

💰 There’s a $338 filing fee for Chapter 7 bankruptcy, but many people qualify for a fee waiver based on their income. If you use Upsolve’s free filing tool, we’ll help you fill out the fee waiver form, but you’ll need to file it yourself with the court.

If you don’t qualify for a waiver, you can ask the court for a payment plan. This allows you to pay the fee in smaller chunks over time (generally within 120 days of filing). Many people who don’t have the full filing fee but want to file their case quickly to stop a wage garnishment or debt lawsuit, set up a payment plan.

✋As soon as you file your case, a protection called the automatic stay goes into effect. It stops most collection actions, including calls, lawsuits, garnishments, and repossessions.

🗓️ Note: It’s important to stay on top of any payments you agree to. If you miss a payment, the court could dismiss your case before your debts are wiped out. Plus, you’ll lose any money you have paid toward the fee.

Print Your Bankruptcy Forms

Whether you plan on submitting your forms in person or mailing them, you’ll need to print them first.

To print your forms properly:

• Use 8.5” x 11” standard letter-size paper.

• Print single-sided.

• Use black ink.

• Don’t staple, hole-punch, or bind the pages.

Take your time, and be sure to sign every page that requires a signature. Some spots are easy to miss.

✨ If you’re using Upsolve’s filing tool, you’ll get a ready-to-print packet with everything you need. There are also helpful dividers that clearly show you where to sign.

If you’re working with a lawyer, they’ll file everything electronically for you.

You can also review this Chapter 7 checklist for a final form check before you submit.

File Your Forms With the Georgia Bankruptcy Court

Georgia has three bankruptcy districts and 15 courthouses. Regardless of the courthouse serving your district and county, you can file your paperwork in person at the courthouse or via mail.

🏛️ Many Upsolve users say that filing their forms in person gave them extra peace of mind. The court clerk can tell you if there are any issues, and you don’t have to wait for your case number or worry about delays in the mail.

📬 That said, not everyone can get to the courthouse in person. If mailing works better for you, that’s an option, too. It’s a great idea to send your forms via certified mail so you can track them and ensure they arrive at the courthouse safely.

You can find court addresses and other district information later in this article.

🎉After you file your papers, take a deep breath and give yourself a moment to celebrate. Your case is officially started, and the automatic stay goes into effect right away to protect you from most collection actions.

Mail Documents to Your Trustee

After you file your case, the court will assign a bankruptcy trustee to review your paperwork and manage your case. You’ll get their name and contact information in an official court notice called Form 309A, usually within a few days of filing.

You’ll need to send your trustee two documents:

• A copy of your two most recent federal tax returns

• A bank statement that includes the date you filed your bankruptcy case

📅 You must send these at least seven days before your 341 meeting (more on this later).

🗂️ Your trustee might also ask for other documents, like pay stubs or additional bank statements. It’s helpful to respond quickly to any requests so your case stays on track.

Take a Debtor Education Course

After you’ve sent documents to your trustee, there’s one more course to complete before you can get your bankruptcy discharge. The second course is called debtor education or financial management. It helps you build skills for managing money and staying on track with your finances after your case ends. You must take this course to get your debts discharged. If you skip it, your case can close without wiping out your debts.

Here’s what to know:

• You can take this course before or after your 341 meeting (more on this in the next section), but the court must receive your certificate no later than 60 days after the meeting. 

• It usually costs $10–$50.

• You may be able to get a fee waiver.

• You must use a court-approved provider.

📄 When you finish the class, you’ll get a certificate of completion. Make sure to file this certificate with the court. If the court doesn’t receive it, your case could close without a discharge.

Attend Your 341 Meeting

Another key step is the 341 meeting, or the meeting of creditors. This happens about 30–40 days after you file your case. The court will send you Form 309A, which has the date, time, and instructions for how to join (usually by Zoom).

What to expect:

• Most meetings are held remotely.

• They usually last around 10 minutes.

• The trustee will verify your identity and ask a few questions about your forms.

• Creditors can attend, but they rarely do.

What to bring (send at least 14 days prior — or follow trustee deadline):

• A government-issued photo ID

• Proof of your Social Security number (or a written statement if you don’t have one)

• A bank statement that covers your filing date

• Your most recent tax return

• Recent proof of income, like a paycheck stub

📨 Your trustee may also ask for other documents, like investment account or monthly expense details. If you don’t have something they request, you can send a note explaining why.

🌟 It’s normal to feel a little nervous, but most people are surprised by how quick and easy the meeting is. You can even watch a mock 341 meeting to see what it’s like.

Deal With Your Car

Many people worry they’ll lose their car if they file for bankruptcy. The good news is that many people are able to keep their car, especially if it fits within Georgia’s bankruptcy exemption rules.

If You Own Your Car Outright: You can usually keep your car if it’s worth less than $5,000. Georgia’s vehicle exemption protects up to that amount. If your car is worth more than that, the wildcard exemption may help cover the extra value. (We’ll explain how exemptions work later in this guide.)

If You’re Still Paying Off Your Car: You have a few options if you have a car loan:

• Keep the car and the loan: If your equity is protected and payments are manageable, you can keep the car and continue making payments. Your lender might ask you to sign a reaffirmation agreement, which keeps you responsible for the loan after bankruptcy. 

💡The Northern District of Georgia has a comprehensive reaffirmation guide that can help.

• Redeem the car: You can buy the car for its current value in a lump sum. This might help if your car is worth much less than what you owe. Learn how car redemption works.

• Surrender the car: You can give the car back to the lender and wipe out the rest of the loan. This is a good option if the payments no longer fit your budget or the car isn’t worth keeping. Learn when to surrender your car.

If You Lease Your Car: You can return the car and cancel the lease or keep it by “assuming” the lease if you’re up to date on payments. To learn more, read our guide to car leases in bankruptcy.

You may be wondering about getting a new car after bankruptcy. Many people wait a little while to let their credit recover. This can make it easier to qualify for a better loan and save money on interest.