How To File Bankruptcy for Free in Georgia Without a Lawyer
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Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.
Written by Attorney Andrea Wimmer.
Updated December 18, 2024
If you’re feeling overwhelmed by your financial obligations and considering your debt relief options, a Georgia bankruptcy filing is worth exploring. Bankruptcy provides a fresh start and can be a relatively straightforward process if you have your papers in order.
The steps you need to take to file Chapter 7 bankruptcy in Georgia will vary slightly based on which bankruptcy district you live in. So, take a second to look at the table below and identify your district.
| Which Georgia Bankruptcy District Do I Live In? This is important to know as rules may vary slightly between districts. Georgia bankruptcy districts are so large they are separated into divisions. | |
|---|---|
| Divisions | My District Is… |
| The Gainesville Division The Atlanta Division The Rome Division The Newnan Division | Northern District |
| The Athens Division The Macon Division The Columbus Division The Americus Division The Albany Division The Valdosta Division The Thomasville Division | Middle District |
| The Augusta Division The Dublin Division The Savannah Division The Waycross Division The Brunswick Division The Statesboro Division | Southern District |
Keep reading as we take a bird’s-eye view of how to file Chapter 7 bankruptcy with or without an attorney and to see if you might be ready to have your debts discharged in bankruptcy in the next year.
How To File Bankruptcy in Georgia for Free
One of your biggest questions about the bankruptcy process is probably how much it will all cost. A bankruptcy attorney is the biggest ticket item when it comes to filing bankruptcy (see more details in the Georgia Bankruptcy Lawyer section below). The good news is, it’s absolutely possible and common to file for bankruptcy without an attorney. This guide walks you through the process in 10 steps.
Collect Your Georgia Bankruptcy Documents
Gathering the documents you need early on will help you stay organized and reduce stress.
Need to have documents include:
The last two years of tax returns to help report your income.
Paycheck stubs for the past 60 days (including the month you want to file in) to help create a picture of your income and expenses.
Bank statements for the last six months. You also need your most recent statement that includes your filing date when you file your case..
Nice to have documents include:
Additional bank statements for the past 6-12 months will help to create a clearer picture and provide a foundation for your post-bankruptcy budget.
A copy of your credit report. You can get a free copy of your report every year from each one of the three consumer reporting agencies. This will help you make a list of your creditors called the creditor matrix. It might take time to get this together, but this is the list of people who will get a letter from the bankruptcy court saying they can’t call you about your debt anymore, so make sure you include everyone!
Creditor statements/bills like credit card bills, medical bills, and student loan statements. These will help with your creditor list.
Letters from collection agencies or other third-party debt collectors. This could include foreclosure and repossession notices. These will help with your creditor list.
Take a Credit Counseling Course
Once you have your documents, you’re ready for the next step: a credit counseling course! Sign up with a Georgia-approved course provider and plan to complete the course in the 180-day period before you file. There is a fee, but you can apply for a waiver if you need it.
The class itself only takes about 1.5–2 hours and you can choose to take it over the phone, online, or in person. Once you’ve taken the course, you should receive a certificate of completion. Keep this certificate with your other bankruptcy documents as you’ll need to submit it with your petition when you file.
Complete the Bankruptcy Forms
There are two types of forms when filing Chapter 7 bankruptcy in Georgia:
National forms: These are the Chapter 7 forms that are the same across the country. You can download the forms for free as fillable PDFs.
Georgia bankruptcy forms: Some forms are required when filing bankruptcy in Georgia even though they’re not required in other states. They’re called "local forms.” You find find a list of required local forms by district in the Georgia Bankruptcy Forms section below.
If you’re working with a law firm, they’ll ask you questions and use the information you provide to generate your forms. If you use Upsolve’s free filing tool, you’ll answer an online questionnaire and our software will prepare your forms.
Get Your Filing Fee
The bankruptcy court charges a $338 filing fee for Chapter 7. If your household income is below 150% of the federal poverty guidelines, you may qualify for a fee waiver (see the Georgia Fee Waiver Eligibility table below). The Northern District of Georgia provides a detailed overview of how fee waivers work.
If you can’t pay the full filing fee and you can’t wait to file due to ongoing wage garnishment, you can apply to pay the fee in installments when you file your case. If you’re facing wage garnishment or other serious collection measures, filing a case sooner can provide important breathing room because of the automatic stay. This goes into place as soon as you file and stops creditors’ collections.
Print Your Bankruptcy Forms
If you choose to submit a paper copy of your petition, take your time to make sure you have every form you need. Once you’ve filled everything out, print each form on regular letter-size paper, one side only, in black ink. Sign where needed. Then make a copy for your own records. If you use the Upsolve tool to file, you’ll receive your forms in a downloadable packet with dividers where you need to sign.
You can skip printing altogether if you chose to file your forms electronically.
File Your Forms With the Georgia Bankruptcy Court
Once you have everything ready, it’s time to give the documents to the court and officially file your bankruptcy case.
Here are your options depending on where you live:
Northern District: Debtors without attorneys are currently allowed to file by mail, drop off their petition in person, email their petition, or submit via online form. Complete details can be found here.
Middle District: Debtors are encouraged to submit via email or fax.
Southern District: Mail, dropbox, and email are currently offered. The dropbox option may be used to have someone else drop off your petition for you.
Once you’ve submitted your papers, take a deep breath and a moment to celebrate. As soon as your case is filed, the automatic stay protects you from your creditors.
Mail Documents to Your Trustee
You’ll find out who your bankruptcy trustee is when you receive Form 309A from the court after you file. The notice is a standard form. The name and contact information for your bankruptcy trustee is listed on the first page of the form.
The Bankruptcy Code requires you to give your trustee a copy of your two most recent tax returns and a bank statement that includes the date of your filing. You need to do this no later than seven days before your 341 meeting. (More on this later.) Your trustee may also ask for paycheck stubs and other documents. You’ve likely already pulled anything they’ll ask for together for your filing. Review everything you receive from the court and the trustee carefully, and as soon as you can. Your 341 meeting will go much smoother if the trustee gets the documents on time.
Take a Debtor Education Course
You have to complete a second bankruptcy course 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 signing up for the first one. It’s important to take the course from a provider that’s approved to offer it in Georgia and to take it within 60 days after your 341 meeting.
Once you’re done with the class, you’ll receive a certificate of completion. You or the course provider need to file it with the bankruptcy court within 60 days of your 341 meeting.
Attend Your 341 Meeting
The 341 meeting, also known as the meeting of creditors, is a meeting with the trustee that takes place about 30–40 days after you file your Georgia bankruptcy. You can find the exact date and time on Form 309A. One purpose of the meeting is for the trustee to verify your identity, so make sure you’re prepared and bring a valid picture ID and proof of your Social Security number.
Your meeting may be held virtually or in person. You'll get a notice explaining when and how to attend your meeting.
In most cases, the 341 meeting takes only a few minutes and most folks walk out of the meeting relieved that it's over but also surprised about how straightforward everything was. Your creditors have the right to attend the 341 meeting to ask questions about your petition, but this rarely happens. It’s totally normal to feel nervous and think about what could go wrong, but you can also take a minute to think about how good you’ll feel when it’s over.
Deal With Your Car
If you file Chapter 7 and you have a car, you’ll have the option to keep it or get rid of it to discharge your car debt. Your choice depends on your preferences and situation. If you own your car outright, then you can keep your car as long as its current resale value is less than the $5,000 exemption (more on Georgia bankruptcy exemptions below).
If you can afford your monthly payment and you're current on your car loan, you can choose to keep your car. Your lender may ask you to enter a reaffirmation agreement. The Northern District of Georgia has a comprehensive reaffirmation guide that can help.
If you have a car loan and you don’t want to keep your car after filing bankruptcy, you can surrender the car. If you do, the outstanding debt will be discharged in the bankruptcy. If you’re thinking of buying a new car after bankruptcy, try to wait a bit to give your credit time to bounce back so you can get a better deal on financing.
You have similar choices if you’re leasing your car. If you’re current on payments and want to continue the lease you can “assume” the lease. Otherwise you need to return the car. Note that since you don’t own the car, you’ll list your car lease in a different place on your bankruptcy forms.
Georgia Bankruptcy Means Test
You have to qualify under the Georgia bankruptcy means test to file for Chapter 7 bankruptcy. 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. In other words, you can't make too much money if you want to get relief under Georgia bankruptcy laws.
The means test compares your household income to the median income for a similarly sized Georgia household. If your income is lower than the median, you “pass” the test and can file your Chapter 7 case. If it’s higher, you move on to the next part of the test, which looks at your expenses and disposable income to see if you’re able to repay even a portion of your debts.
If you don’t qualify for Chapter 7, your debt can still be restructured as part of a Chapter 13 bankruptcy case. The Chapter 13 filing will create a repayment plan to give your creditors partial payment on what you owe.
Georgia Median Income Standards for Means Test for Cases Filed In 2024 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
| 1 | $5,341.00 | $64,092.00 |
| 2 | $6,671.58 | $80,059.00 |
| 3 | $8,016.67 | $96,200.00 |
| 4 | $9,477.83 | $113,734.00 |
| 5 | $10,302.83 | $123,634.00 |
| 6 | $11,127.83 | $133,534.00 |
| 7 | $11,952.83 | $143,434.00 |
| 8 | $12,777.83 | $153,334.00 |
| 9 | $13,602.83 | $163,234.00 |
| 10 | $14,427.83 | $173,134.00 |
Poverty levels for Georgia
Georgia Fee Waiver Eligibility for Cases Filed In 2024Eligible for fee waiver when under 150% the poverty level. | ||
|---|---|---|
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
| 1 | $1,255.00 | $1,882.50 |
| 2 | $1,703.33 | $2,555.00 |
| 3 | $2,151.67 | $3,227.50 |
| 4 | $2,600.00 | $3,900.00 |
| 5 | $3,048.33 | $4,572.50 |
| 6 | $3,496.67 | $5,245.00 |
| 7 | $3,945.00 | $5,917.50 |
| 8 | $4,393.33 | $6,590.00 |
| 9 | $4,841.67 | $7,262.50 |
| 10 | $5,290.00 | $7,935.00 |
Georgia Bankruptcy Forms
To file bankruptcy in Georgia you’ll have to complete all the main official bankruptcy forms that are the same nationwide under federal law. Depending on where you live in Georgia and which division you file your bankruptcy petition in, you may need to submit certain local forms as well. All Georgia bankruptcy forms are available for free online.
Northern District: Required Local Forms
The Northern District requires filers to submit a combination of federal and local forms. Local forms required for Chapter 7 filers are as follows:
All pro se filers must submit a Pro Se Affidavit.
If you don’t have 60 days of payment advices (pay stubs), you must submit a Statement Regarding Payment Advices form explaining why.
If you want to apply for an installment payment plan, you need to fill out and submit a local application form with your bankruptcy petition.
You’ll also need to submit a list of creditors (sometimes called a creditor matrix), which needs to be formatted per the court’s requirements. The court also has an example document you can view to see the proper formatting.
Middle District: Required Local Forms
The Middle District only has one required local form called a Statement of Assistance form. It tells the court whether or not you got assistance filing your bankruptcy case.
The Middle District’s introductory guide encourages filers to contact the Clerk to be sent a full filing packet.
Macon Office: 478-752-3506
Columbus Office: 706-649-7837
Southern District: Required Local Forms
The Southern District requires pro se filers to submit a local form called Transmittal of Pay Advices. If you received pay from an employer, you’ll include your employer's name and the dates of the pay stubs or other proof of pay you’re including with your petition. If you didn’t receive any pay or don’t have proof of pay, you still need to fill out the form to explain why.
| Which Georgia Bankruptcy District Do I Live In? This is important to know as rules may vary slightly between districts. Georgia bankruptcy districts are so large they are separated into divisions. | |
|---|---|
| Divisions | My District Is… |
| The Gainesville Division The Atlanta Division The Rome Division The Newnan Division | Northern District |
| The Athens Division The Macon Division The Columbus Division The Americus Division The Albany Division The Valdosta Division The Thomasville Division | Middle District |
| The Augusta Division The Dublin Division The Savannah Division The Waycross Division The Brunswick Division The Statesboro Division | Southern District |
Northern District of Georgia Filing Requirements
The Northern District covers 56 counties and is the largest judicial district in Georgia. If you live in the Northern District, your case will be assigned to one of its four divisions. The county you live in will determine whether your Georgia bankruptcy case will be heard in the Atlanta, Gainesville, Newnan, or Rome division.
Since it covers so many counties, the Northern District makes figuring out your division easy with a color-coded map. The Northern District requires certain local bankruptcy forms that are the same in all divisions. 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. If you’re applying to pay in installments you can choose the payment increments, but they need to be approved by the court.
Middle District of Georgia Filing Requirements
The Middle District of Georgia has offices in Columbus and Macon. Even though there are only two offices for this district, you can file your Georgia bankruptcy forms in several locations, depending on the county you live in. If you’re filing in this district and don’t have an attorney, you’ll find a detailed overview of what you need to know on the court's website.
If you’re in the Middle District of Georgia a local court rule makes the filing fee due on or before the date of your 341 meeting, which is generally about 30–40 days after your filing date. Fees can be paid by certified check or money order. The installment amounts for an installment fee payment plan can be chosen by the debtor.
Southern District of Georgia Filing Requirements
The Southern District of Georgia covers 43 counties and is broken into six 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. However, there is a specific form regarding your paycheck stubs to complete and file with the court. You can also request to get notices from the bankruptcy court via email in this district.
Payment can be made by money order or certified check made out to “Clerk, U.S. Bankruptcy Court.” These payments can be submitted to the drop box via the provided envelopes on the first floor of the court.
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Georgia Bankruptcy Exemptions
Exemption laws determine which personal property you can keep when filing bankruptcy. They essentially protect your personal property like clothes and household goods, as well as real property like equity in your home. They also protect some sources of income. For example, child support, alimony, and Social Security often cover essential expenses. Because of that, there’s no limit to how much money from those sources you can protect with an exemption in your bankruptcy proceedings.
Georgia has opted out of the federal bankruptcy exemptions. If you’ve lived in the Peach State for at least two years, you have to use the Georgia bankruptcy exemptions. If you don’t own a home or don’t use the full homestead exemption, you can use Georgia’s wildcard exemption of up to $11,200 to protect property that doesn’t fit into any other category. The wildcard exemption includes $1,200 for any property, plus up to $10,000 of the unused homestead exemption amount.
Thanks to the wildcard exemption, most Georgians don’t lose any of their belongings. This is true in all three bankruptcy districts.
Georgia Bankruptcy Lawyer Cost
If you’re thinking about filing Chapter 7, you’re probably wondering how much a Georgia bankruptcy attorney costs. Typically, the cost of a Georgia bankruptcy lawyer ranges between $649 and $1,500, depending on where you live and how complex your case is. Most lawyers charge a flat fee rather than an hourly rate for bankruptcy cases.
If you’re interested in getting legal advice from a bankruptcy lawyer, scheduling a free consultation with a local firm can’t hurt. If your case is complicated, investing in a Georgia bankruptcy lawyer may be money well spent. When hiring a lawyer, the cost is an important factor, but there are several other things to consider as well.
Georgia Legal Aid Organizations
If you can’t afford attorney fees but would still like some legal advice or guidance, it’s worth calling around to see if any legal aid organizations can assist you.
In addition to their headquarters in Atlanta, Legal Aid Atlanta serves the counties of Clayton, South Fulton, Cobb, DeKalb, and Gwinnett. Additionally, folks outside of Atlanta can turn to Georgia Legal Aid or Georgia Legal Services to get help. If you’re a member of the military, the State Bar of Georgia (that's the organization that regulates lawyers) can connect you with an attorney who’s willing to provide free or reduced-fee legal services as part of its Military Legal Assistance Program.
Atlanta Legal Aid Society, Inc.
(404) 524-5811
54 Ellis Street NE, Atlanta, GA 30303
Georgia Legal Services Program
(404) 563-7710
104 Marietta Street, Suite 250, Atlanta, GA 30303-2848
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Nationwide Service (NYC Office)
Georgia Court Locations
Tomochichi United States Courthouse
912-650-4100
125 Bull Street Savannah, GA 31401
Lewis R. Morgan Federal Building and United States Courthouse
678-423-3000
18 Greenville Street Newnan, GA 30263
Frank M. Scarlett Federal Building
912-280-1376
801 Gloucester Street Brunswick, GA 31520
Richard B. Russell Federal Building and United States Courthouse
404-215-1000
75 Ted Turner Drive Atlanta, GA 30303
Federal Justice Center - The Plaza Building
706-823-6000
600 James Brown Boulevard Augusta, GA 30901
One Arsenal Place
706-649-7837
901 Front Avenue Columbus, GA 31901
433 Cherry Street
478-752-3506
433 Cherry Street Macon, GA 31201
Georgia Judges
Georgia Bankruptcy Judges | |
|---|---|
| District | Judge Name |
| Middle District of Georgia | Hon. James P. Smith |
| Middle District of Georgia | Hon. John T. Laney |
| Middle District of Georgia | Hon. Austin E. Carter |
| Northern District of Georgia | Hon. Wendy L. Hagenau |
| Northern District of Georgia | Hon. Paul M. Baisier |
| Northern District of Georgia | Hon. Paul W. Bonapfel |
| Northern District of Georgia | Hon. Jeffery W. Cavender |
| Northern District of Georgia | Hon. W. H. Drake Jr. |
| Northern District of Georgia | Hon. Barbara Ellis-Monro |
| Northern District of Georgia | Hon. Lisa Craig |
| Northern District of Georgia | Hon. James R. Sacca |
| Northern District of Georgia | Hon. Sage M. Sigler |
| Southern District of Georgia | Hon. Edward J. Coleman III |
| Southern District of Georgia | Hon. Susan Barrett |
| Southern District of Georgia | Hon. Michele J. Kim |
