How Long Does it Take to File Bankruptcy in Georgia?

How long does it take to file bankruptcy in Georgia? If you are looking to file in Georgia state, then there is a key timeline to file to successfully do so. The length of time it takes to file your case and obtain a discharge depends on whether you file a Chapter 7 or a Chapter 13 bankruptcy case. Today, we will review the timeline for a Chapter 7 bankruptcy case in Georgia. Click to see a review on the timeline for a Chapter 13 bankruptcy in Georgia.

How Long Does it Take to File Bankruptcy Georgia?


Chapter 7 Bankruptcy in Georgia

A typical Chapter 7 case in Atlanta takes about 4 to 6 months from filing to discharge if it involves no assets and an income that is less than the median income for your household size. A Chapter 7 bankruptcy case is a case where you list all of your assets and all of your debts and allows a person called the bankruptcy trustee to investigate to see whether you have any property that can be sold to repay creditors. If there are no assets to sell or if all of your property is protected by the available Georgia bankruptcy exemptions, then your case will likely close quickly. The typical and most simple timeline for Chapter 7 looks like this:

  1. File your petition with the court and get a case number immediately;
  2. A bankruptcy stay or protection from all creditor collection activity is immediately issued;
  3. Clerk of Court notifies creditors via regular U.S. mail within a week;
  4. A hearing known as the Meeting of Creditors is scheduled about one month after you file your case;
  5. The Chapter 7 trustee issues a report stating whether there are assets that can be liquidated to repay creditors;
  6. Creditors have about 90 days from the date of the filing of your petition to file an objection to dischargeability;
  7. You have 45 days after the date of your Meeting of Creditors to do a financial management course and file it with the court;
  8. The Court issues an order discharging your debt after the deadline for objections passes.

Factors That Cause Your Chapter 7 Case to Linger

Sometimes, issues such as high income, self-employment, and unprotected assets can cause a Chapter 7 case to pend for more than 6 months or even years. Some factors that can cause a Chapter 7 in Atlanta, Georgia to linger include:

  1. Assets. Where a Chapter 7 debtor has assets that can be sold to repay creditors, a Chapter 7 trustee will hold the case open to liquidate and administer assets. Most debtors do not have any assets that can be sold because there are protections or “exemptions” that can be applied to typically owned items such as homes, cars, retirement accounts and bank accounts pursuant to Georgia and federal bankruptcy laws.
  2. Income. Where a debtor earns more than the average income for his or her household size in Georgia, s/he can still qualify for a Chapter 7 bankruptcy case if there are available deductions to show that there is no available disposable income with which to repay creditors. For example, expenses such as out-of-pocket medical expenses, educational expenses for dependent children, childcare, taxes, or food/transportation may be deducted on that income test (which is known as the “means test”). Many times, where a debtor makes significantly more income than average, the U.S. Trustee’s office reviews income and expenses to ensure that the debtor’s deductions are legitimate and whether the debtor’s circumstances show that s/he cannot repay debt. This review process can cause a Chapter 7 bankruptcy case to pend for quite a long time because the U.S. Trustee’s office must review documents and conduct investigations into the debtor’s case in order to make its determination.
  3. Objections to Discharge. All parties have the right to object to a debtor’s bankruptcy discharge. When creditors file objections to discharge or “adversary proceedings,” the Chapter 7 bankruptcy case may close, but a new case is created involving litigation between the creditor who filed an objection and the creditor. The adversary proceeding is a case where the issue is whether the debt with that particular creditor should be discharged.
  4. Liens. If a debtor has liens on property that need to be avoided, Chapter 7 could be prolonged in order to file motions to remove those liens. For example, if a debtor has been sued and garnished, it means that a creditor obtained a judgment against the debtor. Typically, creditors with judgments also file liens against the debtor’s property. Thus, under bankruptcy law, a debtor may file a motion to “avoid” the lien. Depending on when the motion is filed, it could cause the case to stay open for the resolution of the motion. There are also other types of liens, such as mortgage liens, that may be “stripped” based on the value of the house being insufficient to attach value to the lien; Courts have allowed debtors to strip 2nd mortgage liens in Georgia Chapter 7 cases.

File Bankruptcy in Georgia Successfully

Although most Chapter 7 bankruptcy cases in Georgia are closed and discharged within 4 to 6 months, there are a few more complex cases that may pend for longer periods of time. It is advisable that any debtor with complex issues consult with a qualified Atlanta bankruptcy attorney in order to ensure a successful close and discharge. Call the Law Offices of Charles Clapp at 404.585.0040 for a free consultation.


Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.



I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.



I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.



I selected Charles Clapp to handle my bankruptcy based on his already positive reviews and I am glad that I did! He was very accommodating to my schedule and made my negative life experience positive. I was actually very surprised how easy he made the process. Life happens and it’s great to be represented by someone that understand that!!! Stop your attorney search with Charles Clapp!!!