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.
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.
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