Thinking about bankruptcy in Georgia: what to do
Checked against official sources: Oct 24, 2026
In Georgia:
- Which exemptions you use
- State exemptions only.
- Means test median income
- 1 person: $68,478 · 2 people: $84,965 · 3 people: $101,479 · 4 people: $123,481 · each extra person: +$11,100 (yearly income; cases filed on or after April 1, 2026)
- Do this now
- List all your debts, assets, income and monthly expenses.
Bankruptcy is a federal court process that can wipe out many debts (Chapter 7) or set up a 3-to-5-year repayment plan (Chapter 13). Filing generally stops most collection, lawsuits and garnishments right away.
More about this
You must take credit counseling from an approved agency within 180 days before filing, and some debts, like most student loans, recent taxes and child support, usually aren't wiped out.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for Georgia
Do now
List all your debts, assets, income and monthly expenses.
Why: The bankruptcy forms ask for all of it, and it shows whether bankruptcy helps you.
If you face a foreclosure sale, repossession or garnishment in the next few days, contact a bankruptcy lawyer or legal aid immediately.
Why: Filing generally stops these collection actions (the 'automatic stay'), but timing matters.
If you filed bankruptcy before, talk to a bankruptcy lawyer or legal aid before filing again.
Why: There are waiting periods between discharges, and a case dismissed in the last 180 days can bar or limit a new filing.
Don't run up new debt, move money to relatives, or pay back family members right before filing.
Why: The trustee can undo some transfers and payments, and new debts may not be discharged.
Nothing extra here for your answers.
This week
Take credit counseling from a U.S. Trustee-approved agency and keep the certificate.
Why: You can't file without counseling from an approved agency within 180 days before filing.
Learn the difference: Chapter 7 sells non-exempt property to pay creditors and usually ends in a few months; Chapter 13 keeps your property while you pay a plan over 3 to 5 years.
Why: The right chapter depends on your income, property and goals.
If you want to keep a home or car while catching up on missed payments, ask about Chapter 13.
Why: Chapter 13 lets you keep your property while you pay a court-approved plan over 3 to 5 years.
Check the means test using the U.S. Trustee's median income figures.
Georgia: 1 person: $68,478 · 2 people: $84,965 · 3 people: $101,479 · 4 people: $123,481 · each extra person: +$11,100 (yearly income; cases filed on or after April 1, 2026)
Why: If your income is above the median, you may need to use Chapter 13.
Get free or low-cost advice: legal aid, a law school clinic, or a bankruptcy lawyer's free consultation.
Why: Mistakes in bankruptcy can cost you property or the discharge.
Nothing extra here for your answers.
If it's not resolved
After filing, go to the meeting of creditors and complete the debtor education course.
Why: You must finish a financial management course to get a discharge.
Check your credit reports after the discharge.
Why: Discharged debts should show a zero balance. A bankruptcy can stay on your report for up to 10 years.
Watch for scams: only approved agencies can provide the required counseling, and 'debt relief' companies are not lawyers.
Why: Scammers target people in debt.
Nothing extra here for your answers.
Deadlines
Which exemptions you use
General rule: see state
In Georgia:
State exemptions only. You use the Georgia list. The federal list is not available in Georgia.
Law: O.C.G.A. § 44-13-100(b) · checked Oct 2026 · Official source
Means test median income
General rule: see state
In Georgia:
1 person: $68,478 · 2 people: $84,965 · 3 people: $101,479 · 4 people: $123,481 · each extra person: +$11,100 (yearly income; cases filed on or after April 1, 2026)
Law: 11 U.S.C. 707(b)(7); U.S. Trustee Program median family income table · checked Oct 2026 · Official source
Paying the Chapter 7 fee in installments
General rule: Up to 4 installments, the last one within 120 days after filing; for a good reason the court can allow up to 180 days (court permission needed)
Key facts for Georgia
Bankruptcy Help Map
- Exemptions you use
- State exemptions only
- Your home (homestead)
- $50,000 of your interest in real or personal property that you or a dependent use as a residence, or in a burial plot.
- Where you file
- 3 federal districts: Northern District, Middle District, Southern District
- Means test median income, 1 person
- $68,478 a year (cases filed on or after April 1, 2026)
Bankruptcy Help Map: Georgia · checked Oct 2026
Documents to gather
- List of all debts with creditor addresses and amounts
- Pay stubs for the last 6 months and tax returns
- Bank statements
- Car titles, mortgage or lease papers
- Credit counseling certificate
- Any lawsuits, judgments or garnishment papers
Where to go
- FederalU.S. Trustee Program: approved credit counseling and debtor education agencies
Before filing (counseling) and after filing (debtor education)
- FederalU.S. Courts: bankruptcy basics and forms
To understand the chapters and get official forms
- FederalLegal aid (Legal Services Corporation finder)
You need free legal help and have low or moderate income
Costs
Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee surcharge); Chapter 13 is $313 ($235 + $78). Chapter 7 fees can be paid in up to 4 installments or waived if your income is below 150% of the poverty level and you can't pay even in installments. Counseling and debtor education courses usually cost a small fee and may be waived if you can't afford it. Lawyer fees vary.
Talk to a lawyer if
- You own a home, have equity in a car, or have valuable property
- Your income is above your state's median
- A foreclosure, repossession or garnishment is about to happen
- You filed bankruptcy before
- You have tax debt, a business, or recent large transfers or payments to relatives
Free help
Free civil legal aid for people with low income: find your local program through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help) or LawHelp.org (lawhelp.org). Many legal aid offices handle debt collection lawsuits, garnishment and bankruptcy. Servicemembers can use their base legal (JAG) office. Some bankruptcy courts list free help desks and pro bono programs on their websites.
Guides for your state
Guides for every state
Questions
Which exemptions you use in Georgia: what is the rule?
State exemptions only. You use the Georgia list. The federal list is not available in Georgia. (O.C.G.A. § 44-13-100(b))
Means test median income in Georgia: what is the rule?
1 person: $68,478 · 2 people: $84,965 · 3 people: $101,479 · 4 people: $123,481 · each extra person: +$11,100 (yearly income; cases filed on or after April 1, 2026) (11 U.S.C. 707(b)(7); U.S. Trustee Program median family income table)
Credit counseling: what is the rule?
Within 180 days before you file
Paying the Chapter 7 fee in installments: what is the rule?
Up to 4 installments, the last one within 120 days after filing; for a good reason the court can allow up to 180 days (court permission needed)
How long a bankruptcy can stay on your credit report: what is the rule?
Up to 10 years
When should I talk to a lawyer?
You own a home, have equity in a car, or have valuable property; Your income is above your state's median; A foreclosure, repossession or garnishment is about to happen; You filed bankruptcy before; You have tax debt, a business, or recent large transfers or payments to relatives.
How much does it cost?
Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee surcharge); Chapter 13 is $313 ($235 + $78). Chapter 7 fees can be paid in up to 4 installments or waived if your income is below 150% of the poverty level and you can't pay even in installments. Counseling and debtor education courses usually cost a small fee and may be waived if you can't afford it. Lawyer fees vary.
Plans by state
Open the plan with one state's rules filled in:
Sources
- U.S. Courts: Bankruptcy basics
- U.S. Courts: Chapter 7 bankruptcy basics
- U.S. Courts: Chapter 13 bankruptcy basics
- U.S. Courts: Process of bankruptcy
- U.S. Courts: Bankruptcy court miscellaneous fee schedule
- U.S. Courts: Application to have the chapter 7 filing fee waived
- U.S. Trustee Program: Credit counseling and debtor education
- 15 U.S.C. § 1681c (how long items stay on a credit report)
Plan checked Oct 2026. Independently fact-checked 2026-10-24.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.