Answer:

We often get asked who is eligible or not eligible to file a Chapter 7 bankruptcy in Georgia. With the change in the law in 2005, eligibility for Chapter 7 bankruptcies shifted somewhat. You can not file a Chapter 7 bankruptcy in Georgia now, for example, if you filed a Chapter 7 within eight years.

If you file a Chapter 13, you can’t file a Chapter 7 for six years after the filing of the Chapter 13 bankruptcy. If you filed a Chapter 7 bankruptcy or file any sort of bankruptcy and there was what they call a motion of the estate file, which is a proceeding to ask the court to – for the creditor to have possession of collateral. If you dismiss your bankruptcy, then you cannot file for another 180 days. Those are the two big issues regarding eligibility for filing Chapter 7 bankruptcy.

One other issue that you have to always be concerned with is what they call the means test. Georgia, as well as every other state, have certain criteria which allow people and size of families in set income limits and who cannot file a Chapter 7 bankruptcy. If you’re single, the limit is set at one figure. If you’re a family of five, then your figure is at a different number. You have to run through a computerized program on means testing to determine whether or not you are eligible for filing the Chapter 7.

It’s not very complicated, but it is an absolute requirement for the filing of Chapter 7. If you have any questions, you can always contact our office. Our office can provide that information to you.