Henry County Bankruptcy Records

Bankruptcy records for Henry County residents are held by the federal courts, not at the local courthouse in McDonough. The U.S. Bankruptcy Court for the Northern District of Georgia manages every bankruptcy filing from this fast-growing south metro Atlanta county. Henry County has seen significant population growth, and that means more bankruptcy filings flowing through the Northern District. You can look up these records online through PACER or call the McVCIS system for free basic case information at any hour of the day.

Northern District Court Serving Henry County

The U.S. Bankruptcy Court for the Northern District of Georgia handles all Henry County bankruptcy cases. The main office is at the Richard B. Russell Federal Building, 75 Ted Turner Drive SW, Room 1340, Atlanta, GA 30303. Phone: (404) 215-1000. Hours are Monday through Friday, 8:30 AM to 5:00 PM. For Henry County residents, the Atlanta office is the most accessible given the county's position in the south metro area.

The Northern District has additional offices in Newnan, Gainesville, and Rome. Newnan might be an option for Henry County residents on the west side. Vania S. Allen is the Clerk of Court. Chief Judge Barbara Ellis-Monro leads the bench. Henry County is one of 46 counties in the Northern District and contributes a notable share of the district's caseload because of its size.

How to Search Henry County Bankruptcy Records

PACER is the fastest way to search for Henry County bankruptcy records online. Sign up for free. Search by debtor name or case number. PACER displays docket entries, every filed document, schedules of assets and debts, and court orders. It runs 24 hours a day, seven days a week.

The PACER Case Locator searches all federal courts across the nation at once. This is useful when you do not know which district handled a case. Henry County gets many new residents, and someone you are looking up may have filed in another state before moving here.

For free access, call McVCIS at 1-866-222-8029. Select the Northern District of Georgia from the menu. The automated system tells you the debtor name, case number, chapter type, filing date, assigned judge, trustee, and current case status. McVCIS runs all day, every day. It gives no documents but confirms if a Henry County bankruptcy case exists.

Walk into the Atlanta clerk office for in-person access. Public computer terminals let you view records for free. Printing is $0.10 per page.

Henry County Bankruptcy Fees and Costs

PACER costs $0.10 per page for all searches and downloads. Documents under 31 pages are capped at $3.00. Using public terminals at the clerk office is free. Printing there 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 need a name search because you don't have a case number, use Form B1320 and pay the $34.00 search fee. Money order or certified check, payable to "Clerk, U.S. Bankruptcy Court." Cash works for in-person visits in Atlanta.

Note: Personal checks are only accepted from people who are filing their own bankruptcy cases.

Bankruptcy Exemptions for Henry County Filers

Georgia uses its own exemptions instead of the federal schedule. Henry County filers follow O.C.G.A. 44-13-100. The homestead exemption protects $21,500 of equity in a primary residence. Married couples filing jointly can protect $43,000 if the home is in one spouse's name. The motor vehicle exemption is $5,000.

Personal property is covered up to $5,000 total, with a $300 per-item cap. Jewelry gets $500. Work tools are exempt to $1,500. The wildcard exemption of $1,200 can apply to any property, and you can add up to $10,000 of unused homestead exemption to it. Social Security, workers compensation, unemployment, and veterans benefits are fully exempt with no dollar limit in Henry County cases. With the rapid growth in Henry County, many homeowners rely heavily on the homestead exemption when filing.

Types of Bankruptcy Filed in Henry County

Chapter 7 and Chapter 13 account for the great majority of Henry County bankruptcy filings. Chapter 7 is liquidation. The trustee sells non-exempt assets, and remaining debts are discharged. Most cases close in three to four months. It is the quickest way to get a fresh start.

Chapter 13 sets up a payment plan lasting three to five years. Debtors keep their property and pay back what they can from income. This is especially common among Henry County homeowners who want to save their homes from foreclosure. Chapter 11 covers business reorganization. Chapter 12 is for family farmers and fishermen. All types are filed with the Northern District and appear in PACER searches.

Henry County Clerk and State Records

The Henry County Clerk of Superior Court in McDonough handles state court records. Civil lawsuits, criminal cases, real estate deeds, and liens go through this office. It does not keep bankruptcy records. Those are stored by the federal court system. However, state records from Henry County can intersect with a bankruptcy case. A lien or judgment filed at the county level might be listed in a debtor's bankruptcy petition, and a discharge order could affect a state court judgment.

Use the Georgia Superior Court Clerks Cooperative Authority to search Henry County state records online. For bankruptcy documents, go through PACER or visit the Northern District court in Atlanta.

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

Archived Henry County Bankruptcy Cases

Closed cases from Henry County are transferred to the National Archives and Records Administration over time. If a PACER search turns up nothing, the records may be at NARA. Contact the Northern District clerk at (404) 215-1000 to verify. They can provide the case number, accession number, location number, and box number needed for a NARA order. Allow several weeks for processing.

Filing Rules for Henry County Residents

To use Georgia state exemptions, you must have lived in the state for at least 730 days before your filing date. Henry County has many residents who moved in from out of state. If you have not met the two-year mark, you may need to use your former state's exemptions. Re-filing gaps are eight years for Chapter 7 to Chapter 7, four years for Chapter 7 to Chapter 13, and two years between Chapter 13 filings.

Nearby Counties

Henry County is in the south metro Atlanta area, bordering several counties in the Northern District. Bankruptcy records from these neighbors are searched through the same PACER system.