Search Site
Menu
Where Can I File for Bankruptcy in Georgia and What Law Applies?

Where Can I File for Bankruptcy in Georgia and What Law Applies?

Where you file depends on where you live in Georgia and how long you have lived there. Georgia has three bankruptcy districts. Those three districts have a total of fifteen divisions in which bankruptcy courts are located.

  • Northern District: Atlanta, Gainesville, Newnan, Rome
  • Middle District: Albany, Athens, Columbus, Macon and Valdosta
  • Southern District: Augusta, Brunswick, Dublin, Savannah, Waycross, and Statesboro

Generally, you want to file in the court closest to where you live but some other factors may come into play. Georgia law requires that an individual must be “domiciled” in Georgia for a period of at least “91 days” before filing a bankruptcy case, O.G.C.A. 44-13-100 (b). Under Georgia law, “domiciled” means you are a resident of Georgia with a present intention to remain a resident in that state.

Additionally, the case must be filed in the bankruptcy court which serves the county in which you reside. If you have lived in Georgia for two years (730 days), then Georgia exemptions protect your property in bankruptcy. If not, your bankruptcy attorney can advise you as to which state’s exemptions may apply or whether federal exemptions apply to your Georgia Bankruptcy case.

Our firm represents clients throughout the Northern District and in Athens and Macon in the Middle District. Should you have any questions as to where you can or must file, please speak with one of our attorneys. In this mobile society, it is not surprising to receive an email or telephone inquiry from persons out-of-state who are considering moving to a county located in the Northern District of Georgia or Middle District of Georgia and have “zoned in” on our website. Based on the circumstances of each case, some individuals elect to move to Georgia, “wait out” the “91 day” rule and file in Georgia; others might elect to file in the state in which they now reside and move to Georgia at a later time.

Leave a Reply

Your email address will not be published. Required fields are marked *

Videos
Our Attorneys
Client Reviews
  • lawyers
    5.0/5.0

    Mr. Fields and his team of lawyers are the absolute best. They were professional, responded quickly to any emails or phone calls that I made and they worked quickly to get the ball rolling on things. They also made me feel so comfortable and welcomi...

    Read more

    Client

  • lawyers
    5.0/5.0

    My experience during this process was great! Jeff Field & Associates helped me every step of the way and was there if I needed their assistance.

    Read more

    Client

  • google
    5.0/5.0

    I would like to thank Jeff Field & Associates for their help with filing Bankruptcy. This was one of the hardest decisions that I have had to make. They walked me through the process and no matter what questions I had they answered them. They mad...

    Read more

    Rhonda Hays

  • google
    5.0/5.0

    This was a hard thing to do but Chris made it easy and explained everything in a way I understood the process. I would recommend anyone having to go through this to contact this office! Casey was great as well and the communication kept the whole tim...

    Read more

    Beth Carlin

  • google
    5.0/5.0

    The staff made a very stressful situation much easier to cope with. They treated me with kindness and respect. Chris and Laura are very professional and knowledgeable.

    Read more

    Anita York

See all reviews
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form