Filing for Chapter 7 bankruptcy in the State of Georgia is no laughing matter. Chapter 7 bankruptcy is often termed as liquidation or straight bankruptcy because, like a clean slate, it wipes away most of an individual’s unsecured debt to include credit cards, medical bills and personal loans.
Although not always the simplest process to traverse (requires a Georgia Means Test for approval), more than 60% of the bankruptcy cases in the United States last year were Chapter 7. That stated, Georgia residents often wonder, “How Long Does it Take to File Chapter 7 Bankruptcy in Georgia?”
Once approved for filing, a Georgia resident can expect completion of a Chapter 7 bankruptcy filing in four to six months.
The most important factor in filing for Chapter 7 bankruptcy in Georgia is finding a reputable and experienced law firm. It is always advisable for individuals filing for Chapter 7 bankruptcy to consult with a licensed bankruptcy attorney to ensure a successful resolution to their case.
The Bankruptcy Filing Process
Chapter 7 bankruptcy cases in Georgia that meet the Georgia Means Test standards can move at various speeds. Georgia Chapter 7 bankruptcy cases normally move quickly when there are no assets to sell or if all property is protected under available state bankruptcy exemptions.
The steps for filing bankruptcy in Georgia normally include:
- Filing a petition
- Obtaining a bankruptcy stay from all collection activities
- Meeting of Creditors hearing
- Trustee report
- Financial management course
- Discharge of debt
Filing a petition with the court to obtain a case number is the initial step in commencing with Chapter 7 bankruptcy. The court will then grant a stay as protection from further collection activity pending the outcome of the case.
The Meeting of Creditors hearing follows to determine if there are assets that can be liquidated to repay debts. Following the results of the Meeting of Creditors hearing, creditors have approximately 90 days from the start of the case to file an objection to dischargeability.
Georgia residents have 45 days after the Meeting of Creditors hearing to complete a financial management course and are highly encouraged to do so during this time. If all conditions remain in order, the court will issue an order discharging debt.
Cases that linger or stall are usually due to assets needing to be sold to repay creditors, income over and above the average as determined by the means test for the family size in Georgia, objections to a final discharge or liens on property. The latter, liens, are often the source of prolonged Chapter 7 cases as debtors file motions to have them removed from owned property.
Georgia residents can call or text Galler Law Firm at (770) 671-8830 for sage advice on bankruptcy laws and processes. We know how troubling filing for Chapter 7 bankruptcy can be. We have helped thousands of Georgia residents get back on their feet and want to help advocate for your rights. Contact us today for a free consultation.