No promise made after discharge in bankruptcy to pay a debt provable in bankruptcy from the liability of which the debtor has been discharged shall be valid or binding upon the debtor or promisor unless the same is made in writing and signed by the party making the same or to be charged therewith, or by someone duly authorized by him.
§ 9-3-111.Written promise following discharge in bankruptcy
Chapter 3. Limitations of Actions · Article 6. Revival · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-111 makes a debtor’s post-discharge promise to pay a debt wiped out by bankruptcy binding only if the promise is written and signed by the debtor, or by someone the debtor duly authorized, so an oral reaffirmation carries no legal force.
Full Text of § 9-3-111
Plain-English Summary
Bankruptcy discharges a debt, but it does not stop a debtor from feeling obligated to pay it anyway — out of a sense of honor, pressure from a creditor, or a desire to preserve a relationship. This section addresses what happens when a debtor promises, after discharge, to pay a debt that bankruptcy already wiped out: that promise binds the debtor only if it is written and signed.
The requirement mirrors the writing rule for ordinary time-barred debts in O.C.G.A. § 9-3-110, but it addresses a different kind of stale claim — one erased by a bankruptcy discharge rather than by the passage of time. Without a signed writing, the discharge stands, and the debtor owes nothing on that debt no matter what was said afterward.
This protects debtors from creditors who might otherwise claim an oral post-discharge promise revived an obligation the bankruptcy court already eliminated, and it gives debtors a clean, verifiable way to decide, in writing, whether they want to reaffirm a debt they no longer legally owe.
Frequently Asked Questions
Is an oral promise to repay a discharged bankruptcy debt enforceable in Georgia?
No. The statute says such a promise “shall not be valid or binding upon the debtor or promisor unless the same is made in writing.”
Who must sign the writing for it to bind the debtor?
The party making the promise or to be charged with it, or someone duly authorized by that person.
What kind of debt does O.C.G.A. § 9-3-111 address?
A debt “provable in bankruptcy from the liability of which the debtor has been discharged.”
Does this section apply to promises made before the bankruptcy discharge?
No. It applies to “any promise made after discharge in bankruptcy.”
What happens if a debtor never makes a written, signed promise after discharge?
The discharge remains effective and the debtor is not bound to pay the discharged debt.
Amendment History
Ga. L. 1905, p. 101, § 1; Civil Code 1910, § 4384; Code 1933, § 3-902.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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