Gwinnett County Bankruptcy Records

Gwinnett County bankruptcy records are stored in the federal court system. The U.S. Bankruptcy Court for the Northern District of Georgia handles every bankruptcy filing from this large metro Atlanta county with its seat in Lawrenceville. As one of the most populated counties in the state, Gwinnett sees a high volume of bankruptcy cases each year. You can search these records online through PACER or call the free McVCIS line for basic case information. The Northern District court in Atlanta maintains all petitions, docket sheets, schedules, and orders filed in Gwinnett County cases.

Northern District Court Serving Gwinnett County

All Gwinnett County bankruptcy filings go to the U.S. Bankruptcy Court for the Northern District of Georgia. The main courthouse is the Richard B. Russell Federal Building at 75 Ted Turner Drive SW, Room 1340, Atlanta, GA 30303. The clerk phone number is (404) 215-1000. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. Given Gwinnett County's location in the metro area, the Atlanta office is the most practical choice for most residents. The Northern District also has offices in Gainesville, Newnan, and Rome.

Vania S. Allen is the Clerk of Court. Chief Judge Barbara Ellis-Monro heads the bench. The Northern District serves 46 counties, and Gwinnett County generates one of the highest case volumes among them due to its large population. Every document filed in a Gwinnett County bankruptcy case, from the first petition to the final discharge, is stored in this court's records system.

How to Search Gwinnett County Bankruptcy Records

PACER is the main way to find Gwinnett County bankruptcy records online. Registration is free. You search by debtor name or case number and get back docket sheets, filed documents, and current case status. The system is live 24 hours a day. Given the volume of filings from Gwinnett County, having the exact name spelling helps narrow results.

The PACER Case Locator is useful when you are not sure which district handled the case. It searches all federal courts in one shot. People move in and out of Gwinnett County all the time, so a case might have been filed in another district.

For a free option, call McVCIS at 1-866-222-8029. Select the Northern District of Georgia. The automated system gives you the debtor name, case number, filing date, chapter type, assigned judge, trustee, and current case status. McVCIS is available every day, all hours. It does not provide document copies but confirms the existence and basic details of Gwinnett County cases.

Gwinnett County Bankruptcy Fees

PACER costs $0.10 per page for all searches and downloads. Documents of 30 pages or fewer cap at $3.00 total. Public computer terminals at the Atlanta clerk office let you view Gwinnett County records free. Printing from those terminals runs $0.10 per page.

Copy requests by mail or in person cost $0.50 per page. Certified copies are an extra $12.00 per document. If you lack a case number and need the clerk to search by name, file Form B1320 with a $34.00 search fee. Pay by money order or certified check to "Clerk, U.S. Bankruptcy Court." The Atlanta office takes cash for walk-in requests. Personal checks are limited to pro se filers only.

Note: PACER fees can add up fast when researching multiple Gwinnett County cases, so use the case locator to narrow your search first.

Gwinnett County Bankruptcy Exemptions

Georgia has opted out of federal bankruptcy exemptions. Gwinnett County residents must use the state exemptions under O.C.G.A. 44-13-100. Key exemptions include:

• Homestead: $21,500 ($43,000 for married couples if home is in one name)
• Vehicle: $5,000
• Personal property: $5,000 total, each item $300 max
• Jewelry: $500
• Tools of trade: $1,500
• Wildcard: $1,200 plus up to $10,000 unused homestead

Income from Social Security, workers compensation, unemployment, and veterans benefits is fully exempt. Retirement accounts including 401(k) plans and IRAs are also protected in Gwinnett County bankruptcy cases. Given the higher property values in metro Atlanta, the homestead exemption is an important consideration for many Gwinnett County filers.

Types of Bankruptcy Cases in Gwinnett County

Chapter 7 and Chapter 13 dominate Gwinnett County filings. Chapter 7 is a liquidation case. Non-exempt assets get sold and debts are discharged. The process typically finishes in three to four months. Many Gwinnett County filers choose this route because of its speed.

Chapter 13 keeps assets in place while the debtor pays back debts over three to five years under a court plan. This is popular with homeowners who want to save their property from foreclosure. Chapter 11 handles business reorganizations. Chapter 12 applies to family farmers and fishermen. All filings go through the Northern District and are searchable in PACER. Public access is guaranteed under 11 U.S.C.

Gwinnett County Clerk and State Records

The Gwinnett County Clerk of Superior Court in Lawrenceville handles state court records. Civil lawsuits, criminal filings, real estate deeds, and liens go through this office. Bankruptcy records are not part of the county clerk's files. They belong to the federal court system. But overlap does happen. A judgment recorded in Gwinnett County might be listed as a debt in a bankruptcy case, and a property lien could be addressed through the bankruptcy proceedings.

The Georgia Superior Court Clerks Cooperative Authority provides online access to state-level records across Georgia, including Gwinnett County. Use it for deed and lien searches. For the bankruptcy case itself, go through the Northern District court or PACER.

The Northern District court website above handles all Gwinnett County bankruptcy filings.

Archived Gwinnett County Bankruptcy Cases

Closed cases from Gwinnett County are transferred to the National Archives and Records Administration after several years. If PACER returns no results, the case may be with NARA. Call the Northern District clerk at (404) 215-1000 to check the status and get the accession number, location number, and box number needed for a NARA request. Plan for several weeks of processing time.

Filing Rules for Gwinnett County

Georgia state exemptions are available only if you lived in the state for at least 730 days before filing. Gwinnett County has a large population of transplants from other states, so this rule comes up often. If you have not met the two-year mark, you may need to use your former state's exemptions instead. Re-filing limits apply too. Eight years between Chapter 7 discharges, four years from a Chapter 7 to a Chapter 13, and two years between Chapter 13 filings.

Nearby Counties

Gwinnett County is surrounded by several metro Atlanta and northeast Georgia counties, all in the Northern District. Bankruptcy records from any of these can be searched the same way through PACER or at the Atlanta clerk office.