Filing a Bankruptcy Case

April 28, 2021

Once you have completed your credit counseling and have the documents and information requested by your attorney (see Part 1), you are ready to get your case filed.

File Your Case

  • Meet with your attorney to prepare the various schedules and statements required by the Bankruptcy Court.  These documents provide information about your assets and debts, monthly income and expenses, and other required financial disclosures.  It is very important for you to sign these documents and to make sure the information listed is accurate and complete.
  • You must state at the time of filing under which chapter of bankruptcy you are filing.

Bankruptcy Chapters

  • Chapter 7 – a short term case that typically lasts around 5 or 6 months.  There are no plan payments through the Court, although you may continue to make payments directly to a creditor on certain debts on assets you wish to keep, such as a vehicle or home.
  • Chapter 11 – a type of reorganization for businesses or individuals.  If you qualify as a “small business” there are special provisions you may choose to file under that can streamline a case and make it easier to have your case approved by the Bankruptcy Court.
  • Chapter 12 – a type of reorganization that is only for farmers and fishermen who meet certain qualifications, whether individuals or corporate entities. 
  • Chapter 13 – a type of reorganization for individuals only in which you usually have monthly plan payments through a trustee over three to five years.

Most individuals file either a Chapter 7 or Chapter 13.  Which Chapter works best for you and how much you may have to pay pursuant to a plan filed with the Court will depend on your unique circumstances.  Future blogs in this series will focus on each chapter.

Once your case is filed, you will be required to appear in the Bankruptcy Court.  See Part 3 soon for more details on Court meetings and hearings. 

Filing a bankruptcy case is complicated, and you need an experienced bankruptcy attorney to help guide you through this process.  Kimberly S. Ward has been representing people just like you for nearly 20 years in bankruptcy cases in Georgia. 

Call 912-764-9616 or contact me at [email protected] to schedule your Free Consultation.

Make the first step toward financial freedom!

We are a debt relief agency.  We help people file for bankruptcy relief under the Bankruptcy Code.  We provide federal debt restructuring help.