Forsyth County Bankruptcy Records Search

Forsyth County bankruptcy records are managed by the Northern District of Georgia, part of the federal court system. The county seat is Cumming, but bankruptcy filings do not go through the local courthouse. Instead, all cases are filed with the federal bankruptcy court based in Atlanta. Forsyth County has grown fast in recent years, and its bankruptcy case volume reflects that population growth. You can search these records online at any hour through PACER, use the free McVCIS phone service, or visit a court office to review case documents on a public terminal at no charge.

Northern District Court Serving Forsyth County

The U.S. Bankruptcy Court for the Northern District of Georgia is the court of jurisdiction for Forsyth County. Located at the Richard B. Russell Federal Building, 75 Ted Turner Drive SW, Room 1340, Atlanta, GA 30303, the main office is about an hour south of Cumming. Phone: (404) 215-1000. Open Monday through Friday, 8:30 AM to 5:00 PM.

Forsyth County sits between the Atlanta and Gainesville divisions of the Northern District. The Gainesville office at the Sidney O. Smith Federal Building may be closer for some Forsyth County residents, particularly those in the northern part of the county. The district also has offices in Newnan and Rome, though they serve other areas. Chief Judge Barbara Ellis-Monro leads the court. Vania S. Allen manages records as Clerk of Court.

Searching for Forsyth County Bankruptcy Cases

Three methods work for looking up Forsyth County bankruptcy records. PACER is the most complete. Register for free and then search by debtor name, case number, or Social Security number. Results include full docket sheets, all filings, schedules, and orders. Every page costs $0.10, but documents of 30 pages or fewer cap at $3.00.

Use the PACER Case Locator to search all federal courts at once. If someone lived in Forsyth County but you think they may have filed elsewhere, this tool finds the case regardless of which district has it. You can save searches you run often.

The free option is McVCIS. Dial 1-866-222-8029. Select the Northern District of Georgia from the voice prompts. The system gives you case numbers, chapter type, filing date, the assigned judge, trustee name, and case status. No charge at all. It runs 24 hours, 365 days a year.

Forsyth County Bankruptcy Exemptions

Georgia uses its own exemption schedule. Forsyth County filers cannot use the federal list. O.C.G.A. 44-13-100 spells out each category. The homestead exemption is $21,500. Married couples can reach $43,000 if the home is titled in one spouse's name alone. Car equity is protected up to $5,000.

Personal property has a $5,000 total exemption with a $300 cap per item. Jewelry is capped at $500. Tools of your trade are safe to $1,500. The wildcard exemption is $1,200, and you can tack on up to $10,000 of unused homestead to that. Given that Forsyth County has higher home values than much of Georgia, the homestead cap can be a meaningful factor in local cases.

Certain income sources are fully exempt. Workers compensation under O.C.G.A. 34-9-84 cannot be touched. Social Security, veterans benefits, and unemployment are all protected. Alimony and child support stay safe too. Retirement funds in 401(k), 403(b), and IRA accounts are shielded from creditors in a Forsyth County bankruptcy.

Fees for Forsyth County Bankruptcy Records

PACER: $0.10 per page. Public terminal viewing at a clerk office: free. Terminal printing: $0.10 per page. Mail or in-person copies: $0.50 per page. Certified copies: add $12.00 per document.

If you need the court to run a search because you do not have a case number, the fee is $34.00. Fill out Form B1320 and submit it with payment. Money orders and certified checks go to "Clerk, U.S. Bankruptcy Court." The court only takes personal checks from pro se filers.

Forsyth County Filing Types and Limits

Chapter 7 cases are the most frequent in Forsyth County. This is a liquidation process where non-exempt assets are sold and debts are discharged. Most people keep everything because their property falls within the exemption limits. Chapter 13 lets wage earners restructure debts over three to five years while holding onto their home and vehicle.

Chapter 11 is for business reorganizations. It lets a company keep operating while reworking its debt. Chapter 12 covers family farmers and fishermen. Federal law under 11 U.S.C. sets the refiling gaps. Eight years between two Chapter 7 filings. Four years from Chapter 7 to Chapter 13. Two years between Chapter 13 cases. You also must have lived in Georgia for at least 730 days to claim the state's exemptions.

Note: Forsyth County residents who moved recently from another state should check which exemption rules apply before filing.

Forsyth County State Court Records

The Forsyth County Superior Court Clerk in Cumming handles civil filings, criminal records, deeds, and liens at the state level. These records are separate from bankruptcy files. The GSCCCA has a statewide portal for searching state court documents across all Georgia counties, including Forsyth.

Sometimes state and federal records overlap. A lien recorded in Forsyth County may connect to a bankruptcy case in federal court. Property transfers tied to a discharge order could show up in the county deed records. For the bankruptcy side of things, the court's website is your starting point. See the screenshot below.

Cases that are closed and archived get sent to NARA. Contact the Northern District clerk at (404) 215-1000 first. You will need the case number, accession number, location number, and box number before you order anything from the archives.

Nearby Counties

Forsyth County is in the northeast metro Atlanta region. All of these neighboring counties are within the Northern District of Georgia and use the same federal bankruptcy court.