Wipe out most unsecured debt and keep your property, usually in about three to four months.
Our bankruptcy legal team has over twenty years of experience helping people and businesses deal with crushing debt and get immediate relief. Call 770-609-1247 to speak with an experienced Georgia Chapter 7 bankruptcy lawyer.
Personal Chapter 7 Bankruptcy
In a personal Chapter 7 bankruptcy case, our bankruptcy lawyers can help guide you through the process of totally discharging (eliminating the obligation to pay) the following types of debts:
- Credit and charge cards
- Store charge accounts
- Hospital, medical, dental and related bills
- Unsecured personal loans (payday loans, installment loans, etc.)
- Federal and state income taxes (if certain qualifications are met)
- Contractual obligations (almost all obligations under contracts are dischargeable)
- Most types of lawsuits and judgments (there are exceptions, but most are dischargeable)
Keeping Your Property
Under Georgia law, the bankruptcy exemption laws allow most people who file a Chapter 7 bankruptcy case to keep all of their personal assets, including their home, cars and retirement accounts, as long as their equity is within the exemption limits. Under the Chapter 7 bankruptcy laws, the bankruptcy trustee takes control of only the property that is not protected by Georgia’s bankruptcy exemptions.
Georgia Exemptions at a Glance
- Home equity: $50,000 ($100,000 for most married couples; cases filed on or after July 1, 2026)
- Vehicles: $5,000 of equity
- Household goods: $5,000 total ($300 per item)
- Retirement accounts (generally protected)
- Unused home exemption: up to $11,200 for anything else
How Long It Takes
As described above, most Georgians who file a Chapter 7 bankruptcy keep all of their property because it is protected by the Georgia bankruptcy exemption laws. In addition to not losing any assets, most people who file a Chapter 7 case receive a discharge of their dischargeable debts within three to four months after the case is filed. However, in more complex cases it may take longer to get a discharge.
While waiting for the discharge, the automatic stay protects you from most collection activity by creditors unless the bankruptcy court issues a special order “lifting the automatic stay.”
Dischargeability of Debts in Bankruptcy
In a personal Chapter 7 bankruptcy, most debts are dischargeable. However, not all debts are dischargeable. Please review the lists below for more information.
Dischargeable in Bankruptcy
The following debts are almost always dischargeable unless there is underlying fraud or other forbidden conduct giving rise to the debts.
- Personal loans
- Credit cards and charge cards
- Repossession deficiencies
- Auto accident claims (unless you were intoxicated)
- Medical, dental and hospital bills
- Judgments
- Business debts (that you are personally liable for)
- Leases of all types (including past-due rent)
- Personal guaranties (business and personal debts)
- Negligence claims
- Tax penalties (on events more than three years old)
- Older income taxes (that meet the timing rules below)
- Contract obligations
Possibly Dischargeable in Bankruptcy
The following debts will be discharged unless the creditor files an adversary proceeding (a separate lawsuit inside the bankruptcy case) by the deadline, generally 60 days after the first date set for the meeting of creditors, and wins.
- Willful and malicious injuries to others, also known as “intentional torts”
- Embezzlement and larceny
- Debts incurred by fraud, false pretenses or dishonesty
- Debts arising from breach of fiduciary duty, known as defalcation
- In some instances, debts left off of the bankruptcy schedules
Non-Dischargeable in Bankruptcy
The following debts are not discharged. The creditor does not have to take any action to make them non-dischargeable. However, the creditor will still have to collect the debts outside of bankruptcy court.
- Recent income taxes (for returns due, including extensions, within three years before filing, or taxes assessed within 240 days before filing)
- Taxes for years when no return was filed (or when the return was filed late within two years before filing, or was fraudulent)
- Trust fund taxes (such as payroll taxes withheld from employees and sales taxes collected)
- Child support or alimony / spousal support
- Other debts to a spouse or former spouse under a divorce decree or settlement (including property division)
- Criminal fines and court-ordered restitution
- Death or injury claims (from driving a car, boat or aircraft while intoxicated)
- Fines and penalties payable to the government that are not tax penalties
- Student loans (unless repaying them would cause an “undue hardship,” which requires a separate court proceeding)
- Homeowner and condo association fees (that come due after you file)
- Debts from a prior bankruptcy where the debtor was denied a discharge (there are exceptions to this rule)
The lists above do not include all possibly non-dischargeable and always non-dischargeable debts. The law governing non-dischargeable debts is quite complicated. See 11 U.S.C. § 523 for more information. Our bankruptcy attorneys can explain what to expect in your own case in one of our free, no-obligation consultations.
Do you have a busy week? Can you only come in to the office after hours? Just call us and ask for a consultation at a time that is convenient for you. After hours or on weekends, please leave a message; all messages will be returned.
Bankruptcy Attorneys: Georgia Areas We Serve
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Real Estate, Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:
Office Locations
Park Woods Commons
11539 Park Woods Circle
Suite 304
Alpharetta, GA 30005
Phone: 770-609-1247 | Map
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-609-1247 | Map
GA 400, Atlanta Georgia
1200 Abernathy Rd
Building 600
Atlanta, GA 30328
Phone: 770-609-1247 | Map
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-609-1247 | Map
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map
Copyright © 2026 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 11539 Park Woods Circle, Suite 304 • Alpharetta, Georgia 30005 • 770-609-1247 | Updated: 2026-10-12
DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
