What are Georgia Bankruptcy Records?

In Georgia, bankruptcy is a process to eliminate or pay off debt legally, at a reduced amount. Such petitions are typically processed by the bankruptcy court, a special court in the federal court system.

There are three bankruptcy courts in Georgia, including the Georgia Middle District Court, the Georgia Northern District Court, and the Georgia Southern District Court. The District Courts maintain bankruptcy records in Georgia. Bankruptcy records filing and documentation are the sole responsibility of the court clerk. The general process of bankruptcy in Georgia starts when the debtor files a petition in a court. Persons needing debt relief may be able to do so by filing for bankruptcy under the requirements of Chapter 7 bankruptcy or Chapter 13 bankruptcy before proceeding.

Unless expunged, bankruptcy records are accessible to members of the public upon request. Georgia bankruptcy records are also obtainable on third-party websites such as Georgiacourtrecords.us. Also, bankruptcy records may be reviewable through public access to the electronic court records (PACER) service. Using this portal would require creating an account and paying a search and copy fee.

What do Georgia Bankruptcy Records Contain?

Georgia bankruptcy records consist of details of financial transactions and information of persons or entities involved, including:

• Personal information of the person who filed for bankruptcy
• Value assets
• Creditor’s claim
• Details of funds and transactions
• Notes regarding meetings and phone calls

Are Bankruptcy Records Public Information?

Following the Georgia Open Records Act, records generated by government parastatals are considered open and generally accessible to members of the public. However, files sealed or expunged by the court are not obtainable by public requestors. Hence, bankruptcy records are available for public inspection, except that the records are expunged.

Records that are considered public may be accessible from some third-party websites. Such platforms operate independently of government agencies, which might help simplify the search process as they are not limited by geographic location. In addition, most third-party sites offer intuitive tools that inquirers can use to find specific or multiple records. To obtain records, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in.

Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to Get Georgia Bankruptcy Records

Bankruptcy records are available through the PACER (Public Access to Court Electronic Records) system. However, interested persons are generally required to register and log in to gain access. Information revealed on the PACER portal includes the name of the judge and trustee, court date, copies of proofs of claims, names and addresses of creditor attorneys, copies of all bankruptcy documents, and the bankruptcy case number. PACER charges $.10 per page. For online requests, applicants are to fill out a request form.

State residents may procure copies of bankruptcy records in person from the clerk’s office in the district court. There are public computer terminals at the clerk’s office where members of the public may be able to view bankruptcy files for free. However, obtaining physical copies costs $.10 per page, while certified copies cost $11.00.

How do I Find Out if My Bankruptcy Case is Closed in Georgia?

Any district court in Georgia that orders the closure of a bankruptcy case implies that the creditors of the debtor, by law, are to refrain from engaging in any act of debt collection. Although lawsuits vary, the debtor may get a full discharge or a partial pardon of debt. Residents of Georgia can discover the status of bankruptcy cases by contacting the clerk’s office of the district court jurisdiction in person, by mail, or by telephone. Copies of bankruptcy discharge are sent to all creditors, trustees, and the debtor using the debtor’s record of addresses. The clerk’s office may charge for this search process. For the online alternative, log in to the PACER system to track the bankruptcy case through the case number or filing date.

Can a Bankruptcy be Expunged in Georgia?

Although the record restriction law in Georgia allows for the expungement of records, there is an exception with bankruptcy records, as the files do not fall under crimes against the state. The state of Georgia does not have a bankruptcy removal law. According to the United States bankruptcy removal statute 28 U.S. C. section 1452, eligible parties may be able to remove any cause of action as long as it is within bankruptcy jurisdiction. A motion to dismiss bankruptcy cases is typically filed through the divisional court office to the credit bureau by sending a dispute letter attached with a statement and a copy of all process and pleadings from the court of record. Interested persons should file the motion through the district or division clerk under the state or federal court jurisdiction where the civil action is pending. Notices of removal filed by debtors generally contain a statement detailing that the removal of the claim of action does not consent to judgment by the bankruptcy court. A copy of the notice of removal is typically then sent to all parties to the removed claim of action.

What Disqualifies you from filing Bankruptcies in Georgia?

Generally, conduct like hiding assets, disobeying court orders, or misrepresenting information may disqualify you from being granted a bankruptcy discharge in Georgia. Disqualifications may also occur as a result of failing to complete the required counseling program mandated by federal law, within 180 days before filing. There are also time constraints based on prior bankruptcy filings that may disqualify you. For example, there is a 2-year waiting period after receiving a Chapter 13 case or a 4-year period after a Chapter 7 discharge before filing for Chapter 13 bankruptcy again. You will have to wait for 8 years after a Chapter 7 discharge before filing it again, or wait 6 years after a Chapter 13 discharge before filing it again.

Additionally. Chapter 7 bankruptcy filing also requires filers to pass the Means Test which compares the individual average monthly income to the median household income of Georgia. The median household income for a 4 person household in Georgia is $114,618.

Persons who do not qualify for Chapter 7 bankruptcy can file for other Chapters, like Chapter 13, which offers a repayment plan for individuals who have steady income. Chapter 11 is a more expensive option, which is more popular among businesses and residents with debt limits too high to qualify for Chapter 13 filing. Chapter 12 is specifically targeted at farmers and fishermen.