Bankruptcy in Georgia
Georgia is an opt-out state that requires filers to use state exemptions under O.C.G.A. § 44-13-100 rather than federal exemptions. Cases are filed in the Northern, Middle, or Southern District of Georgia, all of which hold 341 meetings virtually via Zoom.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. A Georgia bankruptcy attorney can review your situation.
Bankruptcy is a federal legal process that gives individuals and businesses a fresh start by discharging certain debts or restructuring payments under court supervision. Although the underlying law is federal — found in Title 11 of the U.S. Code — where you live affects which property you can keep and which court handles your case. Georgia has its own distinct set of rules that every filer needs to understand before filing.
Georgia’s Three Bankruptcy Districts
Georgia is divided into three federal bankruptcy districts, and you must file in the district where you have lived for the greater portion of the past 180 days.
The Northern District of Georgia, based in Atlanta, covers 56 counties including Fulton, DeKalb, Cobb, and Gwinnett — the most populous part of the state. The Middle District of Georgia, centered in Macon and Columbus, serves 70 counties across central and southwest Georgia. The Southern District of Georgia, with courthouses in Savannah, Augusta, and Brunswick, covers the remaining 43 counties along the coast and southern border.
All three districts now conduct 341 meetings of creditors virtually via Zoom, which means you typically do not need to travel to a courthouse for your hearing.
Read the full guide: How Bankruptcy Works in Georgia
Chapter 7: Liquidation Bankruptcy
Chapter 7 is the most common form of consumer bankruptcy. A court-appointed trustee reviews your assets, liquidates any non-exempt property, and uses the proceeds to pay creditors. Most individual Chapter 7 cases are “no-asset” cases — meaning everything the filer owns is protected by exemptions and there is nothing for the trustee to liquidate.
To qualify, you must pass the means test, which compares your average monthly income over the past six months to Georgia’s median income for your household size. If you are below the median, you qualify automatically. If you are above, you must complete a detailed expense deduction form. Discharge typically arrives about four months after filing.
Read the full guide: Chapter 7 Bankruptcy in Georgia
Chapter 13: Reorganization Bankruptcy
Chapter 13 allows you to keep all your property while repaying some or all of your debts through a 3- to 5-year court-approved repayment plan. It is especially valuable for homeowners who have fallen behind on mortgage payments, because Chapter 13 lets you catch up on arrears over the life of the plan while resuming current payments — stopping a foreclosure in its tracks.
To be eligible, your unsecured debts must be below approximately $465,275 and your secured debts below approximately $1,395,875 (11 U.S.C. § 109(e); these amounts adjust periodically). Unlike Chapter 7, there is no means test for eligibility, though your income must be sufficient to fund the plan.
Read the full guide: Chapter 13 Bankruptcy in Georgia
Georgia’s Exemptions (Opt-Out State)
Georgia is an opt-out state under 11 U.S.C. § 522(b), which means filers must use Georgia’s state exemption schedule — found at O.C.G.A. § 44-13-100 — rather than the federal exemption list. Key amounts include:
- Homestead: $21,500 per individual filer; $43,000 when spouses co-file — § 44-13-100(a)(1)
- Motor vehicle: $5,000 — § 44-13-100(a)(3)
- Household goods: $300 per individual item — § 44-13-100(a)(4)
- Jewelry: $500 aggregate — § 44-13-100(a)(5)
- Wildcard: $1,200 plus up to $10,000 of any unused homestead exemption (maximum $11,200 total) — § 44-13-100(a)(6)
- Tools of trade: $1,500 — § 44-13-100(a)(7)
- Retirement accounts: Unlimited for tax-exempt plans — § 44-13-100(a)(2)
- Personal injury award: $10,000 — § 44-13-100(a)(11)
Property that is fully covered by an exemption cannot be taken by the trustee in a Chapter 7 case.
Read the full guide: Georgia Bankruptcy Exemptions
The Automatic Stay
The moment you file a bankruptcy petition, the automatic stay under 11 U.S.C. § 362 immediately halts virtually all collection activity against you. Foreclosures pause, wage garnishments stop, collection calls must cease, lawsuits freeze, and utility shutoffs are temporarily prohibited. The automatic stay is one of the most powerful tools in bankruptcy — it buys time and breathing room from the moment of filing.
There are exceptions: the stay does not stop domestic support proceedings, certain tax audits, or criminal cases. And creditors can ask the court for relief from the stay if they have sufficient cause.
Read the full guide: The Automatic Stay in Bankruptcy
Discharge and Non-Dischargeable Debts
A discharge is the court order that permanently eliminates your personal liability for covered debts. Once discharged, creditors are legally barred from ever attempting to collect those debts from you. In a Chapter 7 case, discharge arrives roughly four months after filing. In Chapter 13, it comes after you complete your repayment plan.
Not every debt can be discharged. Under 11 U.S.C. § 523, student loans, recent income taxes, domestic support obligations (child support and alimony), debts obtained through fraud, and debts for injury or death caused by DUI are generally non-dischargeable. Chapter 13 can discharge a few categories that Chapter 7 cannot — making it worth comparing both options with an attorney.
Read the full guide: Non-Dischargeable Debts in Bankruptcy
Guides in this section:
Guides
- The Automatic Stay in Bankruptcy
The automatic stay under 11 U.S.C. § 362 takes effect the instant a bankruptcy petition is filed, immediately halting most collection actions including foreclosure, wage garnishment, collection calls, and pending lawsuits. It is one of the most powerful protections in bankruptcy law.
- Chapter 13 Bankruptcy in Georgia
Chapter 13 bankruptcy lets Georgia filers keep all their property while repaying debts through a 3- to 5-year court-approved plan. It is the primary tool for stopping foreclosure and catching up on mortgage arrears, and it can discharge some debts that Chapter 7 cannot.
- Chapter 7 Bankruptcy in Georgia
Chapter 7 is the fastest form of personal bankruptcy — most Georgia filers receive a discharge of eligible debts within about four months of filing. You must pass the means test to qualify, and Georgia's opt-out exemptions under O.C.G.A. § 44-13-100 determine what property you keep.
- Georgia Bankruptcy Exemptions
Georgia is an opt-out state, meaning filers must use Georgia's state exemption schedule under O.C.G.A. § 44-13-100 instead of the federal exemption list. Exemptions protect specific property from the bankruptcy trustee in a Chapter 7 case and determine how much unsecured creditors receive in a Chapter 13 plan.
- How Bankruptcy Works in Georgia
Bankruptcy in Georgia is a federal court process governed by Title 11 of the U.S. Code. Individual filers choose between Chapter 7 liquidation and Chapter 13 reorganization based on their income, assets, and goals. All cases are filed in one of Georgia's three federal bankruptcy districts, and 341 meetings are now held via Zoom.
- Non-Dischargeable Debts in Bankruptcy
Bankruptcy discharge eliminates most debts, but 11 U.S.C. § 523 lists specific categories that survive — including student loans, recent income taxes, domestic support obligations, and debts from fraud. Chapter 13 can discharge a few categories that Chapter 7 cannot.
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