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Frequently Asked Questions
How many years will a bankruptcy show on my credit report?
The Bankruptcy Court has no jurisdiction over credit reporting agencies. You must resolve any dispute you have with a credit agency or your credit report directly with that agency.
The Bankruptcy Clerk's Office is not responsible for credit reports and does not inform credit reporting agencies. Bankruptcy records are public records and the information contained in them can be retrieved by anyone. Credit reporting agencies regularly collect information from the petitions filed and report the information on their credit reporting services. Bankruptcies normally will remain on your credit report for up to ten (10) years and may be taken into consideration by any person reviewing a credit report for the purpose of extending credit in the future. Sometimes a Chapter 13 discharge may only be listed for seven (7) years. The decision whether to grant you credit in the future is strictly up to the creditor and varies from creditor to creditor depending on the type of credit requested.
If I file for bankruptcy, will the filing stop an eviction?
My car was repossessed last night. However, my dismissal has been vacated. What must I do to get my car back?
The Clerk’s Office is prohibited from providing legal advice per 28 U.S.C. § 955. If you have an attorney, consult your attorney. If you have no attorney, consider retaining one. You may contact your lender to advise that you have filed for bankruptcy protection. You will need your case number and filing date. If it is necessary to initiate any legal action, neither the Trustee, the Clerk, nor Court personnel may represent you in such legal action. It is solely your responsibility.
Where can I get more information about bankruptcy and bankruptcy procedures?
There are several resources for information about bankruptcy and bankruptcy procedures.
- Bankruptcy Basics is a booklet published by the Administrative Office of the U.S. Courts and is available on www.ganb.uscourts.gov/bankruptcy-basics.
- This court also provides information at www.ganb.uscourts.gov/filing-without-attorney.
- Atlanta Volunteer Lawyers Foundation, 404-521-0790, www.avlf.org.
- Atlanta Legal Aid Society, 404-524-5811, www.atlantalegalaid.org.
- State Bar of Georgia, 404-527-8700, www.gabar.org.
What if the case I am interested in has been archived?
To retrieve case information or copies of documents from the National Archives and Records Administration (NARA), you must first obtain, from the Clerk’s office, the case number; the accession number, location number and box number. Once you have this information, you may obtain copies of documents from the case file at NARA (Federal Records Center) by mail, fax or online. On-site court case services are NOT available.
Address: NARA, Atlanta Federal Records Center
U.S. Court Reference Program
4712 Southpark Boulevard
Ellenwood, GA 30294
Telephone: 404-736-2900 Fax: 404-736-2927 Order Form: https://www.archives.gov/research/court-records/bankruptcy.html Submit to: https://eservices.archives.gov/orderonline
Who do I notify about a possible fraudulent filing?
Notify the U. S. Trustee’s office at 404-331-4437. Be prepared to provide this information:
a. The bankruptcy case name and file number;
b. A chronological summary of events;
c. A narrative of what occurred; and
d. Names, addresses and telephone number (if available) of the subjects and witnesses known to you.
How do I file for Relief from the Automatic Stay?
The Clerk’s Office is prohibited from providing legal advice per 28 U.S.C. § 955.
A Motion for Relief from Automatic Stay is not a form and must be prepared by the filer. There is a $181.00 fee unless:
a. It is for Co-Debtor Relief from Stay only;
b. It is a Child Support Motion accompanied by Form 2810 Appearance of Child Support Creditor of Representative; or
c. It comes with a proposed Consent Order signed by all interested parties, including the Trustee.
The Motion for Relief from Automatic Stay can be filed at any Clerk’s Office Intake Counter (Atlanta, Gainesville, Newnan, Rome). Please note that Gainesville, Newnan and Rome, only accept cashier’s checks or money orders for payment.
How are Proof of Claims filed?
Electronic Proof of Claim (ePOC)
A proof of claim or an amended proof of claim may be filed electronically using the appropriate link below. Please read all the information and instructions provided BEFORE attempting to file your proof of claim.
A proof of claim may be filed at the Intake Counter or mailed to the Clerk’s Office at the following address(s): Court Locations: https://www.ganb.uscourts.gov/
I am a creditor in a bankruptcy case. When can I pick up or repossess my property?
My ex-spouse has filed bankruptcy and listed me as a co-signer on a debt, what must I do? He/she got the debt in the divorce.