Georgia Bankruptcy Discharge

In Georgia, bankruptcy discharge is the final step in the bankruptcy process, and the ultimate reward for all of your efforts. Once you receive your bankruptcy discharge, you are no longer responsible for the debts included in your bankruptcy case. In addition, your creditors are permanently prohibited from contacting you or taking legal action against you regarding your debts.

If you file Chapter 7 bankruptcy, you will receive your bankruptcy discharge approximately four months after you initially submit your bankruptcy petition to the court. Although your Georgia bankruptcy discharge will void most of your eligible debts, you will still be responsible for any debts that did not qualify for bankruptcy. There are 19 categories of debts that are ineligible for discharge—some of the most common types include: taxes, child support, and student loans. This means you will have to pay them back, even after you have received your Georgia bankruptcy discharge.

For Chapter 13 cases, you will be eligible for bankruptcy discharge when you complete your repayment plan—typically about three to five years after you file your initial claim. Once you have made all of the required payments, any remaining debts will then be discharged.

Regardless of whether you file Chapter 7 or Chapter 13 bankruptcy, there are certain conditions you must meet before you are eligible for a Georgia bankruptcy discharge. Although you may have heard otherwise, a bankruptcy discharge does not happen automatically and it is not guaranteed. If one of your creditors or your assigned trustee object to your bankruptcy claim, your discharge can be delayed or completely denied. Some common reasons for denial include: failing to submit all of the necessary documentation, not attending the required credit counseling session, neglecting to report an asset, and providing false information to the court.

If you meet all of the requirements for Georgia bankruptcy discharge, your creditors will be notified and you will receive a copy of the discharge order. This document does not list the debts that are included in the discharge, but simply informs creditors that your debts have been discharged and they can no longer attempt to collect them. The discharge order also warns that, should they try to contact you for repayment, they may be punished for contempt.

A small mistake can prevent you from receiving your Georgia bankruptcy discharge. It is therefore in your best interest to seek legal counsel before you file Chapter 7 or Chapter 13 bankruptcy. An experienced bankruptcy attorney will make sure your case is handled properly and help ensure that your bankruptcy discharge is approved.