Find Bankruptcy Lawyers Near You in Carrollton, GA

The cost of hiring a bankruptcy lawyer in Georgia varies by case complexity and chapter. For a standard Chapter 7 case in Carrollton, attorney fees typically range from $1,200 to $2,500, with the court filing fee of $338. For a Chapter 13 case, attorney fees are higher, usually between $3,000 and $5,000, plus the $313 filing fee. Many lawyers offer payment plans, allowing you to pay the fee in installments before filing. In Chapter 13, the attorney fee is often included in the repayment plan and paid over three to five years. Some low-income individuals may qualify for pro bono assistance through Georgia Legal Services Program, though availability is limited. You can also request to pay the filing fee in installments or seek a fee waiver if your income is below 150% of the federal poverty level.

This information is general and not legal advice. Bankruptcy laws and costs can change, and your specific situation may differ. You should consult with a qualified bankruptcy lawyer in Carrollton, Georgia to discuss your options and obtain accurate cost estimates for your case.

Bankruptcy law provides individuals and businesses in Carrollton, Georgia with a legal pathway to address overwhelming debt and obtain a financial fresh start. The primary types of personal bankruptcy are Chapter 7, often called liquidation, and Chapter 13, known as reorganization. Chapter 7 involves selling non-exempt assets to pay creditors, with most remaining unsecured debts discharged after the process. Chapter 13 allows debtors with regular income to propose a three-to-five-year repayment plan to catch up on arrears and pay creditors a portion of what is owed. For businesses, Chapter 11 offers reorganization, though it is less common for individuals in Carrollton. Choosing the right chapter depends on your income, asset value, debt type, and long-term financial goals. A Chapter 7 case typically suits those with limited disposable income and few assets, while Chapter 13 is often better for homeowners facing foreclosure or individuals with non-dischargeable debts like recent taxes.

Georgia has specific exemption laws that protect certain property from liquidation in bankruptcy. Unlike some states, Georgia requires debtors to use state exemptions rather than federal exemptions. The Georgia homestead exemption allows you to protect up to $21,500 of equity in your primary residence, or $43,000 if you are married and file jointly. For those 65 or older or disabled, the exemption increases to $32,500 for individuals and $65,000 for couples. The vehicle exemption in Georgia is $5,000 for one motor vehicle. Georgia also provides a wildcard exemption of $1,200 for any personal property, plus $600 for each dependent you claim. Other exemptions include household goods, clothing, and tools of your trade up to $1,500. These exemptions are governed by Georgia Code Title 44, Chapter 13. If you have significant equity beyond these amounts, you may lose the excess property in a Chapter 7 case, making Chapter 13 a more attractive option to retain assets.

The means test determines eligibility for Chapter 7 bankruptcy. This test compares your average monthly income over the six months before filing to the median income for a household of your size in Georgia. As of 2025, the median annual income for a single-person household in Georgia is approximately $61,000, for a two-person household about $75,000, for a three-person household around $88,000, and for a four-person household roughly $105,000. If your income is below the median, you pass the means test and qualify for Chapter 7. If your income exceeds the median, you must complete a detailed calculation of allowable expenses to determine your disposable income. If your disposable income over five years exceeds a certain threshold (currently about $12,850), you may be presumed to have abuse and must file under Chapter 13 instead. The means test considers actual expenses for housing, transportation, food, and healthcare, but it uses IRS standard allowances rather than your actual spending. This process requires careful documentation of your financial situation.

Filing bankruptcy triggers an automatic stay, which immediately stops most creditor collection actions. This includes phone calls, wage garnishments, foreclosure proceedings, repossession, and lawsuits. The automatic stay takes effect the moment your case is filed with the bankruptcy court in the Northern District of Georgia, which serves Carrollton. For a typical Chapter 7 case, the entire process from filing to discharge takes about three to four months. You must complete two mandatory courses: a pre-filing credit counseling course within 180 days before filing, and a post-filing debtor education course before your debts are discharged. The credit counseling course costs between $10 and $50, and the debtor education course costs between $10 and $40. Both courses are available online or by phone. After filing, you will attend a meeting of creditors, also called a 341 meeting, usually held about 30 days after filing. This meeting takes place in a bankruptcy trustee office, often in Atlanta or Rome, Georgia. The trustee reviews your paperwork and asks questions about your assets and debts. Most meetings last only 10 to 15 minutes.

The costs of filing bankruptcy in Georgia include court filing fees and attorney fees. The current filing fee for a Chapter 7 case is $338, and for a Chapter 13 case it is $313. These fees are set by the federal judiciary and are non-refundable. Attorney fees in Carrollton typically range from $1,200 to $2,500 for a straightforward Chapter 7 case, and from $3,000 to $5,000 for a Chapter 13 case. Some attorneys offer payment plans, allowing you to pay the fee in installments before filing. In Chapter 13, attorney fees are often paid through the repayment plan itself. For those with very low income, pro bono resources may be available through organizations like Georgia Legal Services Program, though eligibility is limited. You can also request to pay the filing fee in installments or apply for a fee waiver if your income is below 150% of the federal poverty level. It is important to note that filing without an attorney is possible but risky, as mistakes can lead to case dismissal or loss of property.

Life after bankruptcy involves rebuilding your credit and understanding the long-term effects of the filing. A Chapter 7 discharge stays on your credit report for 10 years from the filing date, while a Chapter 13 discharge remains for 7 years. However, the impact on your credit score diminishes over time, especially if you take positive steps. You can begin rebuilding credit immediately after discharge by obtaining a secured credit card, becoming an authorized user on someone else account, or taking out a small credit-builder loan. On-time payments on any remaining debts, such as a car loan or mortgage, also help. Some debts survive bankruptcy and remain your responsibility. These include most student loans, unless you can prove undue hardship in an adversary proceeding, which is very difficult. Recent tax debts (less than three years old) are generally not dischargeable. Child support, alimony, and debts from fraud or willful injury also survive. Debts not listed in your bankruptcy petition are not discharged. After discharge, you cannot file for Chapter 7 again for eight years from the previous filing date. Chapter 13 can be filed sooner, typically after two years from a prior Chapter 13 discharge or four years from a prior Chapter 7 discharge.