Augusta, GA · Chapter 7 Bankruptcy
Chapter 7 can stop most creditor collection and erase qualifying debt.
When a Chapter 7 case is filed, the automatic stay usually stops collection calls, lawsuits, and garnishments. Chapter 7 can discharge many unsecured debts, but it is not right for every household. We review your income, property, secured loans, and deadlines before recommending that you file.
First, the big question
Chapter 7 or Chapter 13?
You have two main options when you file for relief from the court. The right one depends on your income and assets, and we help you choose after reviewing the means test.
Chapter 7 Bankruptcy
Chapter 7 can discharge many qualifying unsecured debts. Whether it fits depends on your income, property, prior cases, and the debts you need to address.
Chapter 13 Bankruptcy
For filers with assets or disposable income, Chapter 13 is a reorganization plan that lets you repay a portion of your debts in small payments over three to five years.
What actually happens
Your Chapter 7, step by step.
The process can feel overwhelming from the outside. From the inside, with us beside you, it is four clear stages.
The means test
We review the means test, which compares income and allowed expenses under rules that change over time. It is one part of deciding whether Chapter 7 fits. Your property, secured debts, and prior filings matter too. Read more on the Georgia means test.
We file, and the automatic stay begins
When the petition is filed, the automatic stay usually stops most lawsuits, garnishments, collection calls, foreclosures, and repossessions. Exceptions apply, prior bankruptcy cases can limit the stay, and a secured creditor can ask the court for permission to proceed.
The 341 meeting of creditors
At the required 341 meeting, the trustee asks questions under oath about your finances and the papers filed with the court. Creditors may attend and ask questions. One of our attorneys attends with you and prepares you beforehand.
Your discharge, and your fresh start
In a typical case, the court may enter a discharge about four months after filing, after the objection deadlines have passed. The discharge ends personal liability for qualifying debts. Valid liens and nondischargeable debts can remain.
Filing usually stops most creditor collection.
The automatic stay is often the first relief people feel in Chapter 7. It usually stops collection calls, lawsuits, and garnishments when the case is filed. It may pause a foreclosure or repossession, but Chapter 7 does not create a long-term catch-up plan. If you are behind on a home or vehicle you need to keep, ask us whether Chapter 13 is the safer fit.
Board Certified in Consumer Bankruptcy Law
Angela McElroy-Magruder
When we say an attorney sits with you at the 341 meeting, this is who you are likely to be sitting next to. Angie is board certified in consumer bankruptcy law by the American Board of Certification, and has held that certification since 2007. Her cases have produced published decisions that courts around the country still cite, and she handles the consultation herself.
Meet Angie and read her reported cases →Know before you file
What Chapter 7 can and cannot erase.
Chapter 7 can discharge many debts, but not every debt. The details matter, especially with taxes, student loans, secured debt, and recent charges.
Often wiped out
- Many unsecured debts, such as credit cards
- Medical bills and similar consumer debt
- Many personal loans and collection accounts
Generally not discharged
- Most student loans, unless the court grants an undue-hardship discharge
- Many recent tax debts
- Domestic support, criminal restitution, and certain fines
- Debts involving fraud and some recent luxury purchases or cash advances
Do not guess about a tax debt, student loan, or recent charge. Bring the statements and dates to the consultation so we can explain how the rules apply to that debt.
The question everyone asks
Will I lose my house and my car?
Many Chapter 7 cases are no-asset cases, meaning there is no nonexempt property for the trustee to distribute. The answer depends on ownership, equity, Georgia exemptions, loan status, and whether one or both spouses file.
Protect equity the law allows
Georgia exemptions protect specified interests in property. We calculate the equity before filing so you know what may be exposed.
Check the payment and the equity
Keeping a financed home or vehicle depends on more than the exemption. You also need a workable plan for the loan. If you are behind, Chapter 13 may provide the catch-up structure Chapter 7 does not.
Understand the debt you keep
A reaffirmation agreement can leave you personally liable for a debt that otherwise might have been discharged. We explain the risk before you sign one.
Worth knowing: a discharge removes personal liability for qualifying debts, but a valid lien can survive. Reaffirming a secured debt keeps personal liability too. Do not sign a reaffirmation agreement until you understand both consequences.
Relief begins when an eligible case is filed
Filing usually stops most collection activity right away.
That protection is called the automatic stay. Exceptions and prior cases can change how it applies, so tell us about every bankruptcy filing and every pending sale or repossession date.
- A means-test review to confirm whether Chapter 7 is right for you.
- A clear review of what the law may protect, including your home, car and wages.
- An attorney by your side at the 341 meeting, start to finish.
- Complete, accurate schedules so the court and trustee receive the full picture.
Bring the deadline, not just the balance. If a foreclosure sale, garnishment, lawsuit, or repossession is pending, timing may control what bankruptcy can still stop. Let us review the documents before you file anything.
The consultation is free and confidential. The only thing it costs is the time it takes to tell us your story.
P.S. We even bring a mobile office to you. Never file bankruptcy alone. Let Angie help.
Decide with a clear head
Worth weighing, and worth comparing.
We believe in straight talk. Chapter 7 is powerful, and it is worth understanding the trade-offs and your other options before you file.
- A Chapter 7 can stay on your credit report for up to ten years.
- A prior discharge can affect when you are eligible for another discharge. The timing rule depends on the chapters and filing dates.
- A discharge does not automatically remove valid liens from a home, vehicle, or other collateral.
- Some debts, including domestic support and many student loans or recent tax debts, may survive.
Chapter 13 Bankruptcy
Have assets or steady income you want to protect? A Chapter 13 reorganization repays debt over three to five years and can stop foreclosure.
Subchapter 5 Bankruptcy
A streamlined reorganization path built for small businesses that need to restructure and keep operating.
Straight answers
Chapter 7 questions, answered.
Talk to us
Call one of our three Georgia offices.
Augusta, GA 30901
Dublin, GA 31021
Statesboro, GA 30458
We also bring a mobile office to serve you, and we are available evenings and weekends by appointment. After hours or need a quick reply? Send us a text for the fastest response.
We are here to help
Find out whether Chapter 7 can stop the pressure and clear qualifying debt.
Tell us what you owe, what you own, and which deadline is closest. We will explain whether Chapter 7 fits, what may be protected, and what the process requires.
Need us after hours, or want the quickest reply? Send us a text. For office matters, please use the local numbers below.
Augusta
512 Telfair Street
Augusta, GA 30901
Phone: 706-724-6000
Fax: 706-724-3363
Dublin
1205 Bellevue Place, Suite A
Dublin, GA 31021
Phone: 478-275-8311
Fax: 478-275-8399
Statesboro
200 South Main Street
Statesboro, GA 30458
Phone: 912-764-7000
Fax: 912-489-7196
Office Hours
Monday – Thursday: 9:00 AM – 5:00 PM
Friday: 9:00 AM – 2:00 PM
Evenings & weekends by appointment.
For a convenient after-hours message, send us a text. Text is not monitored as an emergency service.
To set up your consultation, use the form on this page.
Request your free Chapter 7 consultation.
Tell us how to reach you and what kind of debt pressure you are facing. Please do not include Social Security numbers, account numbers or confidential documents.
Prefer to call or text?
Text is convenient after hours. It is not monitored as an emergency service. For our main office line, call 706-724-6000.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. We serve clients throughout Augusta, Dublin, Statesboro and the surrounding CSRA. The information on this page is general and is not legal advice, and contacting the firm does not create an attorney-client relationship.