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How to File Chapter 13 with No Money in Georgia
Chapter 13 | January 1, 2025 | Andrew Morgan
Filing Chapter 13 with no money in Georgia may seem challenging, but options like fee waivers, zero-down attorney services, and flexible payment plans make it possible. This guide will outline all the steps and resources you need to file successfully and regain control of your financial future.
At Morgan & Morgan, we’ve helped countless Georgia residents file for bankruptcy with no upfront costs. In this article, I’ll explain how you can file Chapter 13 even with limited financial resources, answer common questions, and provide actionable solutions to make the process smoother.
What Is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is a legal process that lets individuals restructure their debts into an affordable repayment plan, protecting their assets while paying creditors over three to five years.
Key Benefits:
- Stops foreclosure and repossession.
- Reduces unsecured debts like credit cards and medical bills.
- Consolidates multiple bills into one monthly payment.
- Protects your property while catching up on overdue payments.
Can You File Chapter 13 Bankruptcy Without Money?
Yes, you can file Chapter 13 bankruptcy with no money by requesting fee installment plans, working with a zero-down attorney, or seeking assistance from legal aid organizations.
Here’s how:
- Request to Pay Filing Fees in Installments: Split the $313 filing fee into four payments over 120 days by submitting Form 103A.
- Zero-Down Attorney Options: Many bankruptcy attorneys include their fees in your repayment plan.
- Legal Aid Support: Nonprofits and legal aid organizations provide free consultations and guidance.
What Are the Costs of Chapter 13 Bankruptcy in Georgia?
The costs of filing Chapter 13 bankruptcy in Georgia include a $313 filing fee, credit counseling costs of $20–$50, and attorney fees, which are often included in the repayment plan.
Expense | Estimated Cost |
---|---|
Filing Fee | $313 (can be paid in installments). |
Attorney Fees | Typically $3,000–$4,000, often rolled into the repayment plan. |
Credit Counseling | $20–$50, with waivers available for low-income filers. |
Debtor Education Course | $20–$50, required before completing your bankruptcy case. |
How Do I Qualify for Chapter 13 Bankruptcy in Georgia?
To qualify for Chapter 13 bankruptcy in Georgia, you must have a regular income, secured debts under $1,395,875, and unsecured debts under $465,275.
Steps to Determine Eligibility:
- Complete the Means Test: Compare your income to Georgia’s median income for your household size.
- Stable Income Requirement: Ensure you have a consistent income source to fund your repayment plan.
- Meet Debt Limits: Stay within the secured and unsecured debt thresholds.
- Credit Counseling Completion: Take an approved course within 180 days before filing.
What Are the Steps to File Chapter 13 with No Money?
Filing Chapter 13 bankruptcy with no money involves completing credit counseling, filing a fee waiver or installment request, and working with an attorney offering payment plans.
Here’s a step-by-step breakdown:
- Complete Credit Counseling: Choose an approved agency and get a certificate of completion.
- Prepare Necessary Documents: Gather proof of income, expenses, debts, and assets.
- File for Fee Installments or Waiver: Submit Form 103A or Form 103B to the bankruptcy court.
- Draft Your Repayment Plan: Work with your attorney to propose a plan that meets court approval.
- Submit Your Filing: File your petition and repayment plan with the bankruptcy court.
- Attend the 341 Meeting: Meet with your trustee and creditors to review your repayment plan.
What Happens if I Can’t Pay the Filing Fee?
If you can’t pay the filing fee upfront, you can request a fee waiver if your income is below 150% of the federal poverty line or apply to pay the fee in installments.
Steps to Request a Fee Waiver:
- Complete Form 103B.
- Provide detailed proof of financial hardship.
- Submit the form to the court with your bankruptcy petition.
What Are the Benefits of Zero-Down Bankruptcy Attorneys?
Zero-down bankruptcy attorneys allow you to start your Chapter 13 case without upfront legal fees by rolling their costs into your repayment plan.
Key Advantages:
- Start your case immediately.
- Avoid upfront financial stress.
- Spread attorney costs over several years.
Can Chapter 13 Bankruptcy Help If I’m Behind on Mortgage Payments?
Yes, Chapter 13 bankruptcy allows you to catch up on missed mortgage payments while protecting your home from foreclosure.
How It Works:
- Missed payments are included in your repayment plan.
- The automatic stay halts foreclosure proceedings.
- You make one consolidated payment, which includes your mortgage arrears.
What Happens if I Miss a Chapter 13 Payment?
Missing a Chapter 13 payment could result in dismissal of your case, but you may request a modification to adjust your repayment plan.
Options After Missing a Payment:
- Contact Your Attorney: Inform them immediately to explore solutions.
- Request a Plan Modification: Adjust payment amounts based on your financial situation.
- File for a Hardship Discharge: If you can’t complete the plan due to circumstances beyond your control.
What Are the Most Common Mistakes to Avoid When Filing Chapter 13?
Common mistakes when filing Chapter 13 bankruptcy include failing to disclose all assets, missing deadlines, and attempting to file without credit counseling.
Avoid These Pitfalls:
- Provide accurate and complete information.
- Complete credit counseling before filing.
- Adhere to all court deadlines and payment schedules.
How Does Chapter 13 Bankruptcy Impact Your Credit?
Filing Chapter 13 bankruptcy initially lowers your credit score, but completing the repayment plan demonstrates financial responsibility, helping rebuild your credit.
Tips for Rebuilding Credit:
- Obtain a secured credit card.
- Monitor your credit report for errors.
- Pay bills on time to improve your score.
Contact Morgan & Morgan Today!
Filing Chapter 13 bankruptcy with no money in Georgia is possible with the right guidance and resources. At Morgan & Morgan, we’re dedicated to helping you achieve financial relief without upfront costs.
Contact Us Today: Call 706-548-7070 to schedule a free no-obligation consultation. Let’s work together to create a brighter financial future.
Related Content:
- How Does Chapter 13 Bankruptcy Work?
- How Much Does a Chapter 13 Bankruptcy Cost in Georgia?
- How Long Does it Take to File Chapter 13 Bankruptcy?
- Am I Eligible for Chapter 13 Bankruptcy?
- Income and Debt Qualifications for Chapter 13 Bankruptcy in Georgia
FAQs About Filing Chapter 13 with No Money in Georgia
Can I file for Chapter 13 if I’m unemployed?
While a steady income is typically required for Chapter 13, alternative sources like Social Security benefits, unemployment benefits, or assistance from family may qualify as income.
What happens if I miss a payment during my Chapter 13 plan?
Missing a payment can jeopardize your bankruptcy case. If you’re facing difficulties, inform your attorney immediately to explore options like modifying your repayment plan.
Are there resources to help with credit counseling costs?
Yes, many credit counseling agencies offer sliding-scale fees or free services for individuals with limited income.
Can I Include Attorney Fees in My Repayment Plan?
Yes, most attorneys allow their fees to be included in the repayment plan, eliminating upfront costs.
What Happens If My Case Is Dismissed?
You can refile, but you may need to address the reasons for dismissal, such as missed payments or incomplete documentation.
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