Bankruptcy Petition - Chapter 13 - Georgia

CHAPTER 13 BANKRUPTCY PETITION PACKAGE -- STATE OF GEORGIA

Adjustment of Debts of an Individual with Regular Income

United States Bankruptcy Court for the ☐ Northern ☐ Middle ☐ Southern District of Georgia

IMPORTANT NOTICE: This package is a comprehensive template to guide attorneys in preparing a Chapter 13 bankruptcy petition for filing in Georgia. It incorporates federal requirements under 11 U.S.C. Chapter 13, the Federal Rules of Bankruptcy Procedure, and the local rules of Georgia's three bankruptcy districts. This template does NOT replace the Official Bankruptcy Forms, which must be used for the actual filing. Attorneys should download current Official Forms from https://www.uscourts.gov/forms/bankruptcy-forms.

TABLE OF CONTENTS

1. Eligibility and Pre-Filing Requirements
2. Voluntary Petition Cover Sheet
3. Debtor Information
4. Attorney Information and Disclosure
5. Creditor Matrix
6. Statement of Financial Affairs
7. Schedules Overview (A/B through J)
8. Georgia Exemptions -- O.C.G.A. Section 44-13-100
9. Chapter 13 Plan
10. Means Test Reference
11. Local Rule Requirements by District
12. Filing Fee Information
13. Credit Counseling and Debtor Education
14. Post-Filing Requirements
15. Practice Notes
16. Sources and References

1. ELIGIBILITY AND PRE-FILING REQUIREMENTS

1.1 Chapter 13 Eligibility (11 U.S.C. Section 109(e))

To be eligible for Chapter 13 relief, the debtor must satisfy ALL of the following:

☐ Individual with Regular Income -- The debtor must be an individual (not a corporation, LLC, or partnership) with regular income sufficient to fund a Chapter 13 plan

☐ Debt Limits -- For a case filed from April 1, 2025 through March 31, 2028, noncontingent, liquidated unsecured debts must be less than $526,700 and secured debts must be less than $1,580,125 under 11 U.S.C. § 109(e). The temporary $2,750,000 combined-debt test expired June 21, 2024; recheck §§ 104 and 109(e) on the filing date.

☐ Prior Discharge Review (not filing eligibility) -- Under 11 U.S.C. § 1328(f), a prior discharge may bar a discharge in this Chapter 13 case if the prior case was filed under Chapter 7, 11, or 12 within four years, or under Chapter 13 within two years, before the order for relief in this case. Record the prior case's filing date and discharge before advising on the expected relief: [______________________________].

☐ No Prior Dismissal -- If a prior bankruptcy case was dismissed within the preceding 180 days under certain circumstances (11 U.S.C. Section 109(g)), the debtor is ineligible

☐ Credit Counseling -- The debtor must have received an individual or group briefing from an approved nonprofit budget and credit counseling agency within 180 days before filing (11 U.S.C. Section 109(h))

☐ Tax Returns (post-filing deadline) -- Identify tax returns required under applicable law for taxable periods ending during the four years ending on the petition date. Under 11 U.S.C. § 1308(a), file them with the appropriate tax authorities by the day before the first scheduled § 341 creditors' meeting, subject to the limited extensions in § 1308(b). This is not a prefiling Chapter 13 eligibility condition.

1.2 Pre-Filing Checklist

☐ Completed credit counseling course from a U.S. Trustee-approved agency (list available at https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111)

☐ Obtained credit counseling certificate

☐ Gathered 6 months of pay stubs / proof of income

☐ Gathered 60 days of bank statements (all accounts)

☐ Gathered returns and filing records for the taxable periods covered by 11 U.S.C. § 1308

☐ Obtained copies of all loan documents, mortgages, and security agreements

☐ Prepared list of all creditors with names, addresses, account numbers, and balances

☐ Calculated current monthly income (CMI) for means test

☐ Verified filing address to determine correct district and division

☐ Confirmed fee payment arrangement (full payment, installments, or fee waiver)

☐ Confirmed no prior bankruptcy filing bars the new case

2. VOLUNTARY PETITION COVER SHEET

UNITED STATES BANKRUPTCY COURT

FOR THE [____] DISTRICT OF GEORGIA

[________________________________] DIVISION

VOLUNTARY PETITION FOR INDIVIDUALS FILING FOR BANKRUPTCY
(Official Form 101)

Case No.: [________________________________] (Court Use Only)

Chapter: 13

Judge: [________________________________] (Court Assignment)

Debtor 1:

Full Legal Name: [________________________________]

All Other Names Used in the Last 8 Years (including trade names, maiden name): [________________________________]

Debtor 2 (Spouse, if filing jointly):

Full Legal Name: [________________________________]

All Other Names Used in the Last 8 Years: [________________________________]

Part 1: Identify Yourself

1. Debtor 1 Residence:

Street Address: [________________________________]

City: [________________________________] County: [________________________________]

State: Georgia ZIP: [____]

How long at this address? [________________________________]

If less than 2 years, provide prior address:

Street Address: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

2. Debtor 2 Residence (if filing jointly):

Street Address: [________________________________]

City: [________________________________] County: [________________________________]

State: Georgia ZIP: [____]

3. Social Security Number / ITIN:

Debtor 1: XXX-XX-[____] (last 4 digits only on petition; full SSN on Official Form 121)

Debtor 2: XXX-XX-[____] (last 4 digits only on petition; full SSN on Official Form 121)

4. Date of Birth:

Debtor 1: [__/__/____]

Debtor 2: [__/__/____]

Part 2: Tell the Court About Your Bankruptcy Case

5. Chapter Selection: Chapter 13 -- Adjustment of Debts of an Individual with Regular Income

6. Type of Filing:

☐ Individual Filing
☐ Joint Filing (Debtor and Spouse)

7. Nature of Debts:

☐ Consumer / non-business debts (primarily personal, family, or household)
☐ Business debts (primarily business related)

8. Have you filed for bankruptcy within the last 8 years?

☐ No
☐ Yes -- Case Number: [________________________________] District: [________________________________] Date Filed: [__/__/____] Date Discharged/Dismissed: [__/__/____]

9. Are any bankruptcy cases pending by a spouse, partner, or affiliate?

☐ No
☐ Yes -- Name: [________________________________] Case Number: [________________________________] District: [________________________________]

10. Venue:

The debtor has had a domicile, residence, principal place of business, or principal assets in this District for 180 days (or the greater portion of 180 days) immediately preceding the filing of this petition. (28 U.S.C. Section 1408)

3. DEBTOR INFORMATION

3.1 Employment Information

Debtor 1:

☐ Employed ☐ Self-employed ☐ Retired ☐ Unemployed ☐ Other: [________________________________]

Current Employer: [________________________________]

Employer Address: [________________________________]

Position/Title: [________________________________]

Length of Employment: [________________________________]

Gross Monthly Income: $[________________________________]

Debtor 2 (if joint filing):

☐ Employed ☐ Self-employed ☐ Retired ☐ Unemployed ☐ Other: [________________________________]

Current Employer: [________________________________]

Employer Address: [________________________________]

Position/Title: [________________________________]

Length of Employment: [________________________________]

Gross Monthly Income: $[________________________________]

3.2 Prior Employment (if employed less than 2 years)

Debtor 1 -- Prior Employer:

Employer: [________________________________]

Address: [________________________________]

Position: [________________________________]

Dates of Employment: [__/__/____] to [__/__/____]

Debtor 2 -- Prior Employer:

Employer: [________________________________]

Address: [________________________________]

Position: [________________________________]

Dates of Employment: [__/__/____] to [__/__/____]

3.3 Dependent Information

Total Number of Dependents: [____]

4. ATTORNEY INFORMATION AND DISCLOSURE

4.1 Attorney Declaration (Required under 11 U.S.C. Section 329 and FRBP Rule 2016)

Attorney Name: [________________________________]

Firm Name: [________________________________]

Bar Number: Georgia Bar No. [________________________________]

Office Address: [________________________________]

City: [________________________________] State: Georgia ZIP: [____]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

4.2 Disclosure of Compensation (Director’s Bankruptcy Form B 2030)

Total agreed-upon fee for legal services: $[________________________________]

Amount paid before filing: $[________________________________]

Balance due after filing: $[________________________________]

Source of payment: ☐ Debtor ☐ Through Chapter 13 Plan ☐ Other: [________________________________]

Fee breakdown:

Note: In the Northern District of Georgia, the "no-look" fee (presumptively reasonable attorney fee) for Chapter 13 cases is set by General Order. Verify the current no-look fee amount with the court. Fees exceeding the no-look amount require a detailed fee application.

4.3 Declaration Under Penalty of Perjury

I, the attorney for the debtor(s) named in this petition, declare under penalty of perjury that the information provided in this disclosure is true and correct. I have not agreed to share or received any compensation other than as disclosed herein.

________________________________________
Attorney Signature                    Date: [__/__/____]

5. CREDITOR MATRIX

5.1 Creditor Matrix Requirements

The creditor matrix is a list of all creditors (persons and entities to whom the debtor owes money) formatted according to local rules. The matrix is used by the Bankruptcy Noticing Center to mail notices to all parties in interest.

5.2 Formatting Requirements (All Georgia Districts)

☐ One creditor name and address per entry
☐ Names and addresses must be typed (not handwritten)
☐ No account numbers on the matrix
☐ Use all capital letters or standard capitalization as required by the district
☐ Each address block limited to 5 lines maximum
☐ No blank lines within an address block
☐ Include ZIP+4 codes where available
☐ Left-justified text

5.3 Creditor Matrix Template

CREDITOR NAME
STREET ADDRESS
CITY, STATE ZIP CODE

CREDITOR NAME
STREET ADDRESS
CITY, STATE ZIP CODE

[Continue for all creditors]

5.4 Categories of Creditors to Include

☐ Secured Creditors (mortgage holders, auto lenders, judgment lien holders)
☐ Priority Unsecured Creditors (IRS, Georgia Department of Revenue, domestic support obligations, employee wages)
☐ General Unsecured Creditors (credit cards, medical bills, personal loans)
☐ Co-debtors (co-signers, guarantors)
☐ Collection Agencies (include both the original creditor and the collection agency)
☐ Attorneys for creditors (if known)
☐ Government Entities (include all taxing authorities and regulatory agencies to whom debts are owed)

6. STATEMENT OF FINANCIAL AFFAIRS

(Official Form 107 -- Statement of Financial Affairs for Individuals Filing for Bankruptcy)

Use the current Official Form 107 for an individual debtor. Its April 2025 edition has 12 parts. This preparation checklist tracks the form's subjects; answer every question on the official form using its own lookback periods, thresholds, and instructions.

Do not import the separate non-individual debtor questions from Official Form 207 into this individual filing checklist.

7. SCHEDULES OVERVIEW

7.1 Required Bankruptcy Schedules

The following schedules must be completed and filed with the petition or within 14 days of filing:

Schedule A/B: Property (Official Form 106A/B)

List all real and personal property interests of the debtor:

☐ Real Property -- Primary residence, investment properties, vacant land, timeshares
☐ Cash and Bank Accounts -- Checking, savings, CDs, money market accounts
☐ Motor Vehicles -- Cars, trucks, motorcycles, boats, RVs
☐ Household Goods -- Furniture, appliances, electronics, clothing
☐ Financial Assets -- Stocks, bonds, mutual funds, 401(k), IRA, pension
☐ Business Interests -- Ownership in businesses, partnerships, LLCs
☐ Insurance -- Life insurance with cash surrender value
☐ Accounts Receivable -- Money owed to the debtor
☐ Tax Refunds -- Expected or received
☐ Other Property -- Jewelry, collectibles, intellectual property, causes of action

Schedule C: Exempt Property (Official Form 106C)

☐ Identify the applicable exemption scheme under 11 U.S.C. § 522(b): paragraph (2) refers to the federal exemptions in § 522(d), subject to a state's opt-out law; paragraph (3) covers applicable state or local exemptions and other specified property. For a debtor subject to Georgia's opt-out law, review O.C.G.A. § 44-13-100 and the domicile rule in § 522(b)(3)(A) before completing Schedule C.

Schedule D: Secured Claims (Official Form 106D)

☐ List all creditors holding claims secured by debtor's property
☐ Include description of collateral, value, and amount of claim
☐ Specify whether claim is contingent, unliquidated, or disputed

Schedule E/F: Unsecured Claims (Official Form 106E/F)

☐ Part 1 (Schedule E): Priority unsecured claims (domestic support, taxes, wages)
☐ Part 2 (Schedule F): General unsecured claims (credit cards, medical bills, personal loans)

Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G)

☐ List all contracts and leases (residential lease, auto lease, equipment lease, etc.)
☐ Indicate whether debtor intends to assume or reject each contract/lease

Schedule H: Codebtors (Official Form 106H)

☐ List all co-signers, co-borrowers, and guarantors on any debts

Schedule I: Current Income (Official Form 106I)

☐ Current monthly gross income for debtor and spouse
☐ Payroll deductions (taxes, insurance, retirement, union dues)
☐ Net monthly income
☐ Income from all sources (employment, business, rental, government benefits)

Schedule J: Current Expenditures (Official Form 106J)

☐ Monthly living expenses for the debtor and all dependents
☐ Include: rent/mortgage, utilities, food, transportation, insurance, medical, education, childcare, charitable contributions, etc.
☐ Calculate monthly net income (Schedule I minus Schedule J)

Practice Tip: The difference between Schedule I (income) and Schedule J (expenses) represents the debtor's monthly disposable income available for plan payments. This amount must be sufficient to fund a feasible Chapter 13 plan.

8. GEORGIA EXEMPTIONS -- O.C.G.A. SECTION 44-13-100

8.1 Overview

Georgia has opted out of the federal § 522(d) exemption election for debtors whose applicable exemption law is Georgia's. Georgia exemptions are found in O.C.G.A. § 44-13-100. For a debtor who moved recently, apply the domicile rule and possible federal fallback in 11 U.S.C. § 522(b)(3)(A) before selecting Schedule C exemptions.

8.2 Georgia Exemption Amounts

8.3 Exemption Planning Notes

☐ Georgia's homestead exemption is modest compared to many states; debtors with significant home equity may need to pay nonexempt equity through their Chapter 13 plan

☐ The wildcard exemption ($1,200 plus up to $10,000 of unused homestead) is important for protecting property not covered by other exemptions

☐ For joint filers, each debtor may claim their own set of exemptions, effectively doubling the amounts

☐ Exemption amounts are not adjusted for inflation unless the statute is amended by the Georgia legislature

☐ Verify current exemption amounts as the Georgia legislature may amend O.C.G.A. Section 44-13-100

9. CHAPTER 13 PLAN

UNITED STATES BANKRUPTCY COURT

FOR THE [____] DISTRICT OF GEORGIA

[________________________________] DIVISION

In re: [________________________________], Debtor(s)

Case No.: [________________________________]

Chapter 13 Plan

9.1 Plan Term and Commitment Period

Plan Length: ☐ 36 months ☐ 60 months ☐ Other: [____] months

Note: Determine the applicable commitment period under 11 U.S.C. § 1325(b)(4), including its shorter full-payment exception, and separately apply § 1322(d)'s maximum-plan-period rule. Do not treat the 36- or 60-month figure as unconditional.

Georgia Median Income (verify current figures at https://www.justice.gov/ust/means-testing):

9.2 Plan Payment Amount and Schedule

Monthly Plan Payment: $[________________________________]

Payment Commencement Date: Unless the court orders otherwise, not later than 30 days after plan filing or the order for relief, whichever is earlier (11 U.S.C. Section 1326(a)(1))

Payment Method:

☐ Wage Order / Payroll Deduction (employer to submit payments directly to the Chapter 13 Trustee)

☐ Direct Payment by Debtor to Chapter 13 Trustee

Chapter 13 Trustee:

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

Trustee Percentage Fee: [____]% of plan payments (verify the current percentage for the assigned trustee and calculation date)

9.3 Treatment of Secured Claims

A. Real Property -- Primary Residence (Mortgage)

Creditor: [________________________________]

Collateral: Primary residence at [________________________________]

Total Claim Amount: $[________________________________]

Monthly Mortgage Payment (current): $[________________________________]

Treatment:

☐ Maintain current payments -- Debtor will continue to make regular monthly mortgage payments directly to the creditor outside the plan, and cure any arrearage through the plan

☐ Cure arrearage through plan -- Pre-petition arrearage of $[________________________________] to be paid through the plan over [____] months at $[________________________________] per month

☐ Modify (if permitted) -- Note: 11 U.S.C. Section 1322(b)(2) generally prohibits modification of the rights of a holder of a claim secured only by the debtor's principal residence. Modification may be permitted for certain types of mortgages or in limited circumstances.

☐ Surrender property -- Debtor surrenders the property to the creditor

B. Motor Vehicle(s)

Creditor: [________________________________]

Collateral: [________________________________] (Year/Make/Model/VIN)

Claim Amount: $[________________________________]

Vehicle Value (NADA or similar): $[________________________________]

Interest Rate Under Plan: [____]% (record the current evidentiary and controlling-authority basis; do not use a fixed risk-adjustment range)

Treatment:

☐ Proposed secured-claim treatment -- $[________________________________] per month for [____] months; counsel analyzed purchase-money status, personal use, timing, § 506, § 1325(a)(5), the hanging paragraph, claim allowance, and collateral value

☐ Hanging-paragraph review -- Counsel documented whether the claim falls within the statutory timing and collateral language and selected treatment through the controlling district plan form; timing alone does not establish every payment term

☐ Surrender vehicle -- Debtor surrenders the vehicle

C. Other Secured Claims

9.4 Treatment of Priority Claims

Apply the treatment required by 11 U.S.C. § 1322(a), including any claim-holder agreement or statutory exception; do not label every asserted priority claim as automatically payable in full without classification and treatment analysis.

A. Domestic Support Obligations (Priority under 11 U.S.C. Section 507(a)(1))

Creditor: [________________________________]

Type: ☐ Child Support ☐ Alimony/Spousal Support ☐ Both

Total Pre-Petition Arrearage: $[________________________________]

Monthly Payment Through Plan: $[________________________________]

Note: Post-petition domestic support obligations must also be kept current during the plan. Failure to remain current is grounds for dismissal or conversion (11 U.S.C. Section 1307(c)(11)).

B. Tax Claims (Priority under 11 U.S.C. Section 507(a)(8))

C. Other Priority Claims

9.5 Treatment of General Unsecured Claims

Total General Unsecured Debt: $[________________________________]

Proposed Percentage Payment to Unsecured Creditors: [____]%

Total Amount to Be Distributed to Unsecured Creditors Over Plan: $[________________________________]

Note: Under 11 U.S.C. Section 1325(a)(4) (the "best interests" test), unsecured creditors must receive at least as much as they would receive in a Chapter 7 liquidation. Additionally, under 11 U.S.C. Section 1325(b), if the trustee or an unsecured creditor objects, the debtor must commit all projected disposable income to the plan for the applicable commitment period.

9.6 Payment Calculation Summary

9.7 Plan Signatures

Debtor 1:

________________________________________
Signature                              Date: [__/__/____]

________________________________________
Printed Name

Debtor 2 (if joint filing):

________________________________________
Signature                              Date: [__/__/____]

________________________________________
Printed Name

Attorney for Debtor(s):

________________________________________
Attorney Signature                     Date: [__/__/____]

________________________________________
Printed Name and Bar Number

10. MEANS TEST REFERENCE

10.1 Overview

The Means Test (Official Form 122C-1 and 122C-2) is used to determine:

1. Whether the debtor's current monthly income exceeds the Georgia state median income for the applicable household size
2. The debtor's projected disposable income available for plan payments
3. The applicable commitment period (36 or 60 months)

10.2 Means Test Forms Required

☐ Official Form 122C-1 -- Statement of Your Current Monthly Income and Calculation of Commitment Period (required for all Chapter 13 debtors)

☐ Official Form 122C-2 -- Calculation of Your Disposable Income (required if income is above median)

10.3 Current Monthly Income (CMI) Calculation

CMI is based on the average monthly income from all sources received by the debtor during the 6 calendar months before filing, including:

☐ Wages, salary, tips, bonuses, overtime
☐ Business income (gross receipts minus ordinary business expenses)
☐ Rental income
☐ Interest, dividends, and royalties
☐ Pension and retirement income
☐ Regular contributions from others (including a non-filing spouse's income if used for household expenses)
☐ Unemployment compensation
☐ All other income (except Social Security benefits)

10.4 Disposable Income Calculation

For above-median debtors, disposable income is calculated by subtracting IRS-allowed expense standards and actual secured debt payments from CMI:

CMI: $[________________________________]

Less: IRS National Standards (food, clothing, personal care, etc.): $[________________________________]

Less: IRS Local Standards (housing, utilities, transportation): $[________________________________]

Less: Actual secured debt payments (mortgage, car loan): $[________________________________]

Less: Priority claim payments (taxes, DSO): $[________________________________]

Less: Other allowable deductions: $[________________________________]

Equals: Monthly Disposable Income: $[________________________________]

Times Applicable Commitment Period ([____] months): $[________________________________] (total to unsecured creditors)

11. LOCAL RULE REQUIREMENTS BY DISTRICT

11.1 Northern District of Georgia (www.ganb.uscourts.gov)

Divisions: Atlanta, Gainesville, Newnan, Rome

Key Local Rules:

☐ LBR 1007-1 -- Documents required to be filed with the petition include a creditor matrix in the format specified by the Clerk

☐ LBR 2016-1 -- Attorney fee disclosure; the Northern District has established "no-look" fee guidelines for Chapter 13 cases. Verify the current presumptively reasonable fee with the court

☐ LBR 3015-1 -- Chapter 13 Plan; the initial plan should be filed contemporaneously with the petition. If not filed with the petition, the attorney must serve the plan and file a Certificate of Service

☐ LBR 3015-2 -- Confirmation requirements; the Chapter 13 Trustee must file a recommendation regarding confirmation

☐ LBR 4001-1 -- Motions for relief from stay; specific requirements for format and supporting documentation

☐ LBR 9004-1 -- All pleadings must contain the chapter number, debtor name, case number, and the initials of the assigned judge

☐ Chapter 13 Plan Form -- The Northern District has a local Chapter 13 plan form that must be used. Download from www.ganb.uscourts.gov/forms

☐ Electronic Filing -- All attorneys must file electronically through CM/ECF. Pro se debtors may file in paper

Chapter 13 Trustee Offices (Northern District):

11.2 Middle District of Georgia (www.gamb.uscourts.gov)

Divisions: Macon, Columbus, Albany, Athens, Valdosta

Key Local Rules:

☐ LBR 1007-1 -- Filing requirements substantially similar to Northern District

☐ LBR 3015-1 -- File the initial Chapter 13 plan with the petition whenever possible. If it is not filed with the petition, file it within the 14-day period allowed by Federal Rule of Bankruptcy Procedure 3015(b). A plan filed more than 24 hours after the petition must be served on all interested parties, followed immediately by a certificate of service. Use the Middle District's mandatory standard Chapter 13 plan form.

☐ LBR 9011-1 -- Attorney registration requirements for CM/ECF

☐ Electronic Filing -- Mandatory for all attorneys

11.3 Southern District of Georgia (www.gasb.uscourts.gov)

Divisions: Savannah, Augusta, Dublin, Statesboro, Waycross, Brunswick

Key Local Rules:

☐ LBR 1007-1 -- Documents required at filing

☐ LBR 3015-1 -- Chapter 13 plan requirements

☐ LBR 4001-1 -- Motions for relief from stay

☐ Electronic Filing -- Mandatory for all attorneys

11.4 Georgia District Map (County to District Assignment)

Practice Tip: Verify the county-to-division assignment on each district's website, as some counties may be reassigned. The debtor's county of residence determines the correct division.

12. FILING FEE INFORMATION

12.1 Chapter 13 Filing Fee

Total Filing Fee: $313.00 (as of the current fee schedule; verify at https://www.uscourts.gov/court-programs/fees/bankruptcy-court-miscellaneous-fee-schedule)

12.2 Payment Options

☐ Full Payment at Filing -- By cashier's check, money order, or attorney trust account check payable to "Clerk, U.S. Bankruptcy Court"

☐ Installment Payments -- File Official Form 103A (Application to Pay Filing Fee in Installments); fee must be paid in full within 120 days of filing. Installments are typically divided into 2-4 payments as approved by the court. Note: The fee waiver under 28 U.S.C. Section 1930(f) is NOT available for Chapter 13 cases -- only Chapter 7 filers may request a complete fee waiver.

12.3 Additional Court Fees

13. CREDIT COUNSELING AND DEBTOR EDUCATION

13.1 Pre-Filing Credit Counseling (11 U.S.C. Section 109(h))

☐ Must be completed within 180 days before filing the petition

☐ Must be from a U.S. Trustee-approved agency

☐ Available in person, by telephone, or online

☐ Typical cost: $10-$50 (fee waivers may be available for low-income debtors)

☐ The credit counseling certificate must be filed with the petition or within 14 days of filing

Approved agencies for Georgia: https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111

Certificate of Credit Counseling:

Agency Name: [________________________________]

Date Completed: [__/__/____]

Certificate Number: [________________________________]

13.2 Post-Filing Debtor Education / Financial Management Course (11 U.S.C. Section 1328(g))

☐ Must be completed after filing but before discharge is entered

☐ Must be from a U.S. Trustee-approved provider

☐ Available in person, by telephone, or online

☐ Typical cost: $10-$50

☐ If the provider has not notified the court, file the provider-issued certificate of course completion within Rule 1007(c)(4)(B)'s deadline

Approved providers for Georgia: https://www.justice.gov/ust/list-approved-providers-personal-financial-management-instructional-courses

Certificate of Debtor Education:

Provider Name: [________________________________]

Date Completed: [__/__/____]

Certificate Number: [________________________________]

14. POST-FILING REQUIREMENTS

14.1 Immediate Post-Filing Obligations

☐ Begin Plan Payments -- Unless the court orders otherwise, first payment must be made not later than 30 days after plan filing or the order for relief, whichever is earlier (11 U.S.C. Section 1326(a)(1)), even before plan confirmation

☐ File Tax Returns -- All required federal and state tax returns must be filed. Provide copies of the most recent tax return to the Chapter 13 Trustee at least 7 days before the 341 Meeting (11 U.S.C. Section 521(e)(2))

☐ Provide Pay Stubs -- Provide copies of all payment advices (pay stubs) received within 60 days before filing to the Chapter 13 Trustee

☐ Attend 341 Meeting of Creditors -- Scheduled approximately 21-50 days after filing. Both debtors (if joint filing) must attend with government-issued photo ID and proof of Social Security Number

14.2 Confirmation Process

☐ Confirmation Hearing -- The court will schedule a confirmation hearing, typically 20-45 days after the 341 Meeting

☐ Trustee Recommendation -- The Chapter 13 Trustee will file a recommendation to confirm or object to confirmation

☐ Creditor Objections -- Creditors may file objections to confirmation; respond to all objections timely

☐ Plan Modification -- If the plan is not confirmable, file an amended plan addressing any deficiencies

14.3 During the Plan

☐ Maintain Plan Payments -- Continue timely monthly payments to the Chapter 13 Trustee

☐ Maintain Direct Payments -- Continue any payments made directly to creditors outside the plan (e.g., ongoing mortgage payments)

☐ Maintain Insurance -- Keep insurance on all secured collateral

☐ File Annual Tax Returns -- File all tax returns when due and provide copies to the Trustee annually

☐ Report Income Changes -- Notify the Trustee and the court of any significant changes in income or expenses

☐ No New Debt -- Do not incur new debt without court approval (motion to incur debt required)

☐ Keep Current on DSO -- Maintain current domestic support obligation payments

14.4 Discharge and Case Closing

☐ Complete All Plan Payments -- Make all payments required under the confirmed plan

☐ Complete Debtor Education Course -- Confirm provider notification or file the provider-issued certificate; Official Form 423 was discontinued effective December 1, 2024

☐ Certify DSO Compliance -- If applicable, certify that all domestic support obligations are current

☐ Discharge Entry -- The court will enter the discharge order upon satisfaction of all requirements (11 U.S.C. Section 1328(a))

15. PRACTICE NOTES

15.1 Georgia-Specific Considerations

☐ Opt-Out State -- If Georgia exemption law applies under 11 U.S.C. § 522(b)(3)(A), use Georgia's exemption scheme under O.C.G.A. § 44-13-100; check the domicile rule and any federal fallback for a recent mover

☐ Homestead Exemption -- Georgia's homestead exemption ($50,000 individual / $100,000 joint for cases filed on/after 7/1/2026 under HB 1024; formerly $21,500 / $43,000) remains modest relative to metro-Atlanta home values; debtors with significant home equity may need to pay a higher dividend to unsecured creditors under the best interests test

☐ Wildcard Strategy -- The wildcard exemption ($1,200 plus up to $10,000 of unused homestead) is an important planning tool, especially for renters who do not use their homestead exemption

☐ Tax Refund Planning -- Tax refunds received during the plan may be required to be turned over to the Trustee; address this in the plan or at confirmation

☐ Garnishment Stay -- The automatic stay (11 U.S.C. Section 362) stops wage garnishments immediately upon filing; notify the employer promptly

15.2 Common Pitfalls in Georgia Chapter 13 Cases

☐ Failure to Begin Plan Payments -- Payments must begin within 30 days of filing, regardless of whether the plan has been confirmed. Failure to begin timely may result in dismissal

☐ Insufficient Plan Payment -- The plan payment must be at least equal to the debtor's projected disposable income (for above-median debtors) and must satisfy the best interests test

☐ Missing Tax Returns -- Failure to meet the applicable § 1308 filing deadline for required returns may lead to dismissal or conversion after a party's request, notice, and hearing under 11 U.S.C. § 1307(e)

☐ Failure to Attend 341 Meeting -- Both debtors must attend the 341 Meeting with proper identification; failure to appear may result in dismissal

☐ Post-Petition Debt -- Incurring debt during the plan without court approval may result in dismissal or conversion

☐ Failure to Maintain Insurance -- Loss of insurance on secured collateral (vehicle, home) may prompt a motion for relief from stay by the creditor

☐ Incorrect District/Division -- Filing in the wrong division will delay the case; verify the debtor's county of residence against the district's division map

15.3 Conversion and Dismissal

☐ Voluntary Conversion -- Debtor may convert from Chapter 13 to Chapter 7 at any time (11 U.S.C. Section 1307(a)) if eligible for Chapter 7

☐ Involuntary Dismissal -- Case may be dismissed for cause, including failure to make plan payments, failure to file required documents, or failure to attend hearings (11 U.S.C. Section 1307(c))

☐ Hardship Discharge -- In limited circumstances, if the debtor is unable to complete plan payments due to circumstances beyond the debtor's control, a hardship discharge may be available (11 U.S.C. Section 1328(b))

15.4 Automatic Stay Considerations

☐ Single Prior Case Dismissed Within 1 Year -- If debtor had one prior case dismissed within the preceding year, the automatic stay terminates after 30 days unless the court extends it upon motion filed within that 30-day period (11 U.S.C. Section 362(c)(3))

☐ Two or More Prior Cases Dismissed Within 1 Year -- If debtor had two or more prior cases dismissed within the preceding year, no automatic stay goes into effect at all unless the court imposes one upon motion (11 U.S.C. Section 362(c)(4))

☐ Motion to Extend Stay -- Must be filed promptly after the petition and heard before the 30-day period expires

16. SOURCES AND REFERENCES

Federal Statutes

• 11 U.S.C. Chapter 13 -- Adjustment of Debts of an Individual with Regular Income
• 11 U.S.C. Section 109(e) -- Who May Be a Debtor (Chapter 13 Eligibility)
• 11 U.S.C. Section 362 -- Automatic Stay
• 11 U.S.C. Section 521 -- Debtor's Duties
• 11 U.S.C. Section 1322 -- Contents of Plan
• 11 U.S.C. Section 1325 -- Confirmation of Plan
• 11 U.S.C. Section 1326 -- Payments
• 11 U.S.C. Section 1328 -- Discharge
• 28 U.S.C. Section 1408 -- Venue
• 28 U.S.C. Section 1930 -- Bankruptcy Fees
• Federal Rules of Bankruptcy Procedure

Georgia Statutes

• O.C.G.A. Section 44-13-100 -- Exemptions for Purposes of Bankruptcy
• O.C.G.A. Section 44-13-1 et seq. -- General Exemptions

Court Resources

• Northern District of Georgia Bankruptcy Court: https://www.ganb.uscourts.gov
• Middle District of Georgia Bankruptcy Court: https://www.gamb.uscourts.gov
• Southern District of Georgia Bankruptcy Court: https://www.gasb.uscourts.gov
• Current Federal Rules of Bankruptcy Procedure: https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf
• Middle District of Georgia Local Rules (April 2026): https://www.gamb.uscourts.gov/USCourts/sites/default/files/local_rules/Local_Rules_Apr_2026.pdf
• Official Bankruptcy Forms: https://www.uscourts.gov/forms/bankruptcy-forms
• U.S. Trustee Means Test Data: https://www.justice.gov/ust/means-testing
• Approved Credit Counseling Agencies: https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111

Key Cases

• Till v. SCS Credit Corp., 541 U.S. 465 (2004) (cramdown interest rate)
• Hamilton v. Lanning, 560 U.S. 505 (2010) (projected disposable income)
• Ransom v. FIA Card Services, N.A., 562 U.S. 61 (2011) (vehicle ownership expense)

COMPLETE FILING CHECKLIST

Use this checklist to verify that all required documents and steps have been completed before filing:

Pre-Filing

☐ Credit counseling completed and certificate obtained
☐ All tax returns for prior 4 years filed
☐ 6 months of pay stubs gathered
☐ 60 days of bank statements gathered
☐ Creditor list with addresses compiled
☐ Property values determined (appraisals, NADA, etc.)
☐ Means test calculated
☐ Chapter 13 plan drafted
☐ Fee arrangement determined (full payment or installments)

Petition Filing

☐ Official Form 101 -- Voluntary Petition
☐ Official Form 121 -- Statement About Social Security Numbers
☐ Official Form 122C-1 -- Means Test (Current Monthly Income)
☐ Official Form 122C-2 -- Disposable Income Calculation (if above median)
☐ Schedule A/B -- Property
☐ Schedule C -- Exempt Property (Georgia exemptions)
☐ Schedule D -- Secured Claims
☐ Schedule E/F -- Unsecured Claims (Priority and General)
☐ Schedule G -- Executory Contracts and Unexpired Leases
☐ Schedule H -- Codebtors
☐ Schedule I -- Current Income
☐ Schedule J -- Current Expenditures
☐ Official Form 106Dec -- Declaration About Schedules
☐ Official Form 107 -- Statement of Financial Affairs
☐ Official Form 108 -- Statement of Intention (if applicable)
☐ Official Form 119 -- Bankruptcy Petition Preparer's Notice (if applicable)
☐ Director’s Bankruptcy Form B 2030 -- Disclosure of Compensation of Attorney
☐ Credit Counseling Certificate
☐ Creditor Matrix
☐ Chapter 13 Plan (local form)
☐ Certificate of Service (if plan filed separately)
☐ Filing Fee or Application to Pay in Installments

Post-Filing (within 14 days unless otherwise specified)

☐ Any schedules or statements not filed with the petition
☐ Pay stubs provided to Trustee
☐ Tax returns provided to Trustee (7 days before 341 Meeting)
☐ First plan payment made (within 30 days of filing)

This template is provided for informational purposes only and does not constitute legal advice. Bankruptcy law is complex and filings must comply with federal statutes, federal rules, and local rules. This template must be reviewed and customized by a qualified attorney admitted to practice before the applicable United States Bankruptcy Court. Verify all fees, forms, exemption amounts, and local requirements before filing.

Last Updated: August 15, 2026