The good news is Georgia foreclosures and bankruptcy rates, though still a problem, are starting to look better. In 2009, Georgia and more specifically Atlanta had some of the highest rates of foreclosure in the country. And bankruptcy, sometimes as an effect of foreclosure, was common.
This is not to say filing bankruptcy is always to be avoided. In tough economies, when you lose your job, when a foreclosure is close and you want to save your home — these are some of the many cases where filing bankruptcy can be beneficial.
So how do you declare bankruptcy in Georgia?
Some of it’s the same as all other states, but depending on where you live, you’ll either file in Georgia Northern Bankruptcy Court, Georgia Southern Bankruptcy Court, or Georgia Middle Bankruptcy Court. If you live in Atlanta and want to file Chapter 13 or Chapter 7 bankruptcy, for example, you would go to the Georgia Northern Bankruptcy Court.
Now that you know where to go, it’s time to find out how to actually file and successfully declare bankruptcy.
Collect Personal Financial Information
First, you want to collect certain personal information. For personal bankruptcy, you need to show financial information, secured and unsecured debts, tax returns for the last two years, deeds to real estate, car titles, and loan documents.
You may be wondering, what are secured and unsecured debts? Secured debts are debts you have with collateral such as your home and car; unsecured debts are other debts such as credit cards where there is no home or car to be used as collateral on the debt.
Complete Bankruptcy Forms
At this next stage, you should consult with an experienced Georgia bankruptcy attorney in your area. You want one who specializes in personal bankruptcy. Why? You will have to complete some complex bankruptcy forms; you can write them yourself, but it might be wise to hire a professional so you don’t make mistakes. You will also be paying the fee for personal bankruptcy — either $299 for Chapter 7 or $274 for Chapter 13.
File with Local Bankruptcy Court
The next step after filling out all the necessary forms is to file with the court. This is the easiest step. And after you reap the benefits of bankruptcy.
After Filing
The best part of filing personal bankruptcy is what’s called an “automatic stay,” which goes into effect after you file with the Georgia court. Creditors can no longer contact you regarding claims on debts. For Chapter 7, a trustee will be appointed to liquidate your assets and pay off creditors; in most cases, you lose nothing, but some do lose assets such as a home and car. For Chapter 13 bankruptcy, the automatic stay is much more powerful. This is because if you can catch up with the mortgage payments and stay on time paying them, you don’t have to worry about being evicted. In Chapter 7, you do get several months time, but you will likely have to find a new residence.
Who You Should Hire
This may all sound complex, and it filing bankruptcy can be. With the help of an experienced Georgia bankruptcy attorney, you can create the best strategy for you. You have a very good chance of losing absolutely nothing, and pay a small price for all the benefits. If you’re considering filing, don’t wait too long; hire an experienced bankruptcy attorney today.
