Cherokee County Bankruptcy Case Search

Cherokee County bankruptcy records are filed with and kept by the Northern District of Georgia Bankruptcy Court in Atlanta. Canton serves as the county seat. Cherokee County is one of the fastest-growing counties in the metro Atlanta area, which means the volume of bankruptcy filings here can be significant. The county courthouse in Canton does not store bankruptcy case files since all of that falls under federal jurisdiction. Whether you need to pull up a specific case, check a docket, or get certified copies of filings, you will go through the federal court system. This page explains every way to access Cherokee County bankruptcy records and what to know before you start.

Cherokee County Federal Bankruptcy Court

The Northern District of Georgia Bankruptcy Court serves Cherokee County and 45 other counties in the northern part of the state. The main courthouse is the Richard B. Russell Federal Building at 75 Ted Turner Drive SW, Room 1340, Atlanta, GA 30303. Phone is (404) 215-1000. Hours are Monday through Friday, 8:30 AM to 5:00 PM.

Cherokee County is close to Atlanta, so the main office is the primary point of contact. The Gainesville divisional office, the Sidney O. Smith Federal Building, also serves parts of north Georgia, though Atlanta handles most Cherokee County cases. The clerk of court is Vania S. Allen, and Chief Judge Barbara Ellis-Monro leads the district.

How to Look Up Cherokee County Bankruptcy Records

PACER is the standard tool for searching Cherokee County bankruptcy records online. It is the official electronic records system for all federal courts. Registration is free. After logging in, search by debtor name or case number. You will see every document in the case file: the petition, schedules, motions, orders, and the final discharge or dismissal. Each page costs $0.10 to view or download.

For a broader search, the PACER Case Locator checks all federal bankruptcy courts at once. This is the right tool when you know a name but not where the case was filed. Someone might have filed in Cherokee County, in another Georgia district, or even in another state entirely. The Case Locator pulls it all together.

Prefer not to go online? Call McVCIS at 1-866-222-8029. It is free. The automated voice system gives case basics: debtor name, case number, judge, filing date, chapter, asset status, attorney, trustee, and current case status. Available 24 hours a day, 365 days a year. Just follow the prompts and pick the Northern District of Georgia.

Cherokee County Bankruptcy Record Fees

Here is what it costs to get Cherokee County bankruptcy records through different channels:

• PACER online: $0.10 per page
• Public terminal at clerk office: free to view, $0.10 per page to print
• Copies in person or by mail: $0.50 per page
• Certified copies: add $12.00 per document
• Court search without case number: $34.00 (submit Form B1320)

Payment to "Clerk, U.S. Bankruptcy Court" by money order or certified check. Cash accepted in person. The phone service through McVCIS is completely free for basic case information.

Types of Bankruptcy Filed in Cherokee County

Cherokee County residents file under the federal Bankruptcy Code, Title 11 U.S.C. The two most common chapters are Chapter 7 and Chapter 13. Chapter 7 is liquidation. A court-appointed trustee reviews the filer's assets, sells anything not protected by exemptions, and distributes the money to creditors. In many Cherokee County Chapter 7 cases, the debtor has little or no non-exempt property. These "no asset" cases move quickly, often wrapping up within a few months.

Chapter 13 works differently. The debtor keeps all property and repays debts through a structured plan lasting three to five years. A trustee collects the monthly payments and sends them to creditors. This chapter is popular in Cherokee County among homeowners who want to save their house from foreclosure. The debtor must have regular income to qualify.

Chapter 11 is for businesses that need to reorganize. Chapter 12 covers family farmers and fishermen. Both create public records in the federal system. A debtor cannot file Chapter 7 again within eight years of a prior Chapter 7 discharge. Chapter 13 can follow a Chapter 7 after four years.

Georgia Exemptions for Cherokee County Cases

Georgia requires all bankruptcy filers, including those in Cherokee County, to use state exemptions rather than the federal ones. Under O.C.G.A. 44-13-100, the homestead exemption is $21,500. For married couples filing jointly where the property is in one spouse's name, the limit can reach $43,000. A vehicle is protected up to $5,000, work tools up to $1,500, and jewelry up to $500.

Personal property is exempt up to $5,000 total, with each item valued at $300 or less. The wildcard exemption gives $1,200 plus any unused portion of the homestead exemption up to $10,000. Income that is fully exempt includes Social Security, veterans benefits, workers' compensation per O.C.G.A. 34-9-84, unemployment, and alimony or child support. Retirement accounts like 401(k) plans and IRAs are also safe. To use Georgia exemptions, you must have lived in the state for at least 730 days before filing.

Older Cherokee County Bankruptcy Records

Once a Cherokee County bankruptcy case has been closed for several years, the court may transfer the file to the National Archives and Records Administration. Archived cases leave PACER. To get copies, contact the Northern District clerk at (404) 215-1000 for the case number, accession number, location number, and box number. Then order directly from NARA.

This process takes longer. If you are on a deadline, call the clerk office early to get the NARA details so you can submit your request right away.

Cherokee County Related Records

The Cherokee County Superior Court Clerk in Canton handles state court records. Civil lawsuits, criminal cases, real estate deeds, and lien filings are all there. The Georgia Superior Court Clerks' Cooperative Authority provides statewide online search for these record types. When a Cherokee County bankruptcy involves property or liens, checking both GSCCCA and PACER gives you the whole picture.

The Northern District's case information page has local rules, filing procedures, and forms. This is a good starting point for anyone unfamiliar with how things work in the Northern District for Cherokee County cases.

Nearby Counties

Cherokee County is in the north metro Atlanta area. All of its neighbors are in the Northern District for bankruptcy matters. Check the debtor's address to confirm which county a case should fall under.