Bankruptcy Records in Polk County

Polk County bankruptcy records are part of the federal court system, not the local courthouse in Cedartown. The Northern District of Georgia Bankruptcy Court handles all bankruptcy filings from this northwest Georgia county. Searching for Polk County bankruptcy cases can be done online through PACER, over the phone with the free McVCIS service, or in person at the Rome or Atlanta clerk offices. The Rome office is the closest option for Polk County residents. Records are public and available through electronic access every day of the year.

Northern District Court for Polk County

Polk County is part of the Northern District of Georgia Bankruptcy Court. This district covers 46 counties. 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.

The Rome divisional office is much closer to Polk County. It sits at 600 E. 1st Street, Room 339, Rome, GA 30161. Phone: (706) 291-5639. Rome is about 25 miles from Cedartown, which makes it the best choice for in-person access. Public computer terminals at Rome let you view Polk County bankruptcy records without paying anything. The Newnan office is another divisional location but farther from Cedartown.

Chief Judge Barbara Ellis-Monro heads the Northern District. Vania S. Allen is the Clerk of Court. Visit the case information page for specifics on record access and court procedures.

Searching Polk County Bankruptcy Records

PACER provides online access to Polk County bankruptcy records. Create a free account and search by debtor name or case number. Results include docket entries, filed documents, and case status. The cost is $0.10 per page, capped at $3.00 for documents of 30 pages or less. PACER runs at all times.

When you need to search beyond the Northern District, use the PACER Case Locator. Polk County is near the Alabama state line. A resident might have filed in the Northern District of Alabama instead. The case locator searches every federal court in the country with one query.

McVCIS gives free phone access. Dial 1-866-222-8029. Pick the Northern District of Georgia. The system reads the debtor name, case number, chapter, filing date, judge, trustee, and case status. No charge. Works around the clock from any phone.

Note: McVCIS gives general case info and is not the official court record.

Polk County Bankruptcy Fees

PACER is $0.10 per page. Public terminal viewing at Rome or Atlanta costs nothing. Printing from those terminals runs $0.10 per page.

Copy requests by mail or in person are $0.50 per page. Certified copies add $12.00 per document. A records search without a case number costs $34.00. You fill out Form B1320 and pay by money order or certified check to "Clerk, U.S. Bankruptcy Court." All fees apply across the Northern District for Polk County cases.

Exemptions for Polk County Bankruptcy Filers

Georgia has opted out of the federal exemptions. Polk County filers must use state rules under O.C.G.A. 44-13-100. The homestead exemption is $21,500 for one person. Married couples can claim $43,000 if the home is in one name. The vehicle exemption is $5,000. Personal property has a $5,000 cap with each item limited to $300.

Jewelry gets $500 in protection. Tools of the trade are safe to $1,500. The wildcard exemption is $1,200, and up to $10,000 of unused homestead value can be stacked on top. This helps Polk County renters who don't own a home. Fully exempt income sources include Social Security, veterans benefits, workers comp (O.C.G.A. 34-9-84), unemployment, and child support or alimony. Retirement accounts are fully protected.

You need 730 days of Georgia residency before filing to claim state exemptions. Polk County residents who came from out of state within two years may need to use their previous state's rules.

Types of Polk County Bankruptcy Cases

Chapter 7 and Chapter 13 are the most common filings in Polk County. Chapter 7 is a straight liquidation. A trustee sells non-exempt property and pays creditors with the proceeds. Remaining eligible debt is discharged. Most cases wrap up in three to six months.

Chapter 13 lets Polk County filers keep their assets while repaying debts over a three to five year plan. Homeowners facing foreclosure often use Chapter 13 to catch up on mortgage payments. It requires regular income. Chapter 11 applies to businesses that need to restructure. Chapter 12 is available for family farmers and fishermen. Each type is recorded separately in the court system with its chapter designation.

Polk County Clerk and State Court Records

The Polk County Superior Court Clerk in Cedartown manages state records. Civil cases, criminal filings, property deeds, and liens are all handled at the local courthouse. None of these are bankruptcy records. But they can intersect. A property lien filed in Polk County might appear in a federal bankruptcy petition. A deed transfer could result from a bankruptcy court order.

Use the GSCCCA to search Polk County state records online. The site covers deeds, liens, and other public filings for all Georgia counties. Combine it with PACER when you need both state and federal records for a Polk County resident.

Below is the Northern District court homepage for searching Polk County bankruptcy records online.

The site links to case search tools, court rules, and contact details for the Rome and Atlanta offices serving Polk County.

Archived Polk County Cases

Closed bankruptcy cases from the Northern District eventually move to the National Archives and Records Administration. To get an old Polk County case, call the Rome office at (706) 291-5639 or the Atlanta office at (404) 215-1000. They provide the accession number, box number, and location code for a NARA request.

Processing takes a few weeks. Without a case number, the $34.00 search fee applies. Older Polk County filings may no longer be on PACER and can only be retrieved from NARA.

Nearby Counties

Polk County sits in northwest Georgia near the Alabama line. All surrounding counties are served by the Northern District.