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Georgia Bankruptcy Court

Georgia Bankruptcy CourtIf you decide to file for bankruptcy in Georgia, you will be required to submit a voluntary petition to the Georgia bankruptcy court in your area. The Georgia bankruptcy court is divided into three divisions, each consisting of several counties: the Georgia Middle District Court, the Georgia Northern District Court, and the Georgia Southern District Court. Although each district has multiple court locations, your bankruptcy claim must be processed by the district court that services your county. 

As part of the federal judicial system, the Georgia bankruptcy court is responsible for maintaining all federal and state bankruptcy laws regarding Chapter 7 and Chapter 13 cases. The type you select depends on your unique situation. Once you determine which option is right for you, the bankruptcy court will review your petition and determine whether you meet the bankruptcy eligibility requirements.

Individuals who file Chapter 7 bankruptcy are not required to repay their creditors and most of their debts are completely erased. Because this form of bankruptcy is designed for those who have no other options, federal law limits the amount of income a person can make if he or she wants to file Chapter 7 bankruptcy. As a result, to qualify for Chapter 7 bankruptcy, your yearly income must be less than the median income in Georgia—approximately $40,000 for an individual and $54,000 for a family of two. If your income exceeds this amount, the Georgia bankruptcy court may consider your expenses and use that information to determine whether you are eligible for Chapter 7 bankruptcy.

If you are not eligible for Chapter 7 bankruptcy, Chapter 13 bankruptcy is yet another option to consider. Rather than completely discharging your debts, Chapter 13 bankruptcy reorganizes them into a repayment plan that is comfortable for both you and your creditors. Once approved, you make monthly payments for approximately three to five years and, after all of your scheduled payments are made, any remaining debt will be discharged.

Regardless of whether you are filing Chapter 7 or Chapter 13 bankruptcy, your claim will be carefully reviewed by the Georgia bankruptcy court. Before you begin the filing process, you should consider obtaining legal guidance, as an experienced bankruptcy attorney can help ensure that your bankruptcy claim is successfully approved by the Georgia bankruptcy court.  
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