Georgia Bankruptcy Exemptions

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Federal bankruptcy exemptions available? NO

The references to Georgia statutes are to the Official Code of Georgia Annotated.


Resources: United States Bankruptcy Court, Middle District of Georgia

United States Bankruptcy Court, Northern District of Georgia

United States Bankruptcy Court, Southern District of Georgia

Georgia Bankruptcy Attorneys

Georgia Bankruptcy Exemptions
Assets Exemption State Statute
Homestead Real or personal property used as a residence by the debtor or debtor’s dependent, including a cooperative: up to $21,500 for a single person; up to $43,000 for a married person, whether or not the spouse is also filing for bankruptcy. 44-13-100(a)(1);
  Unused portion of homestead exemption can be used for any property. 44-13-100(a)(6)
Insurance Benefits from a fraternal benefit society: all. 33-15-62
  Life insurance proceeds/avails: all. 33-25-11; 33-26-5
  Benefits from annuity or endowment contract: all. 33-28-7
  Heath and disability benefits: up to $250 per month. 33-29-15
  Group insurance: all. 33-30-10
  Life insurance contract (unmatured): all. 44-13-100(a)(8)
  Life insurance (unmatured) dividends/interest/loan value/cash value: up to $2,000 if the beneficiary is the debtor or someone the debtor depends on. 44-13-100(a)(9)
  Life insurance policy proceeds: all necessary for support if the policy is owned by someone the debtor depends on for support. 44-13-100(a)(11)(C)
Miscellaneous Child support and alimony: all necessary for support. 44-13-100(a)(2)(D)
Pensions Federal pensions exemptions.  
  IRAs and ERISA-qualified benefits: all. 18-4-22
  Other pensions: all necessary for support. 18-4-22; 44-13-100(a)(2)(E); 44-13-100(a)(2.1)(C)
  Payments for IRA: all necessary for support. 44-13-100(a)(2)(F)
  Public employee pensions: all. 44-13-100(a)(2.1)(A); 47-2-332
  Pensions for employees of nonprofit corporations: all. 44-13-100(a)(2.1)(B)
Personal Property Burial plots for debtor and dependents: up to unused homestead exemption. 44-13-100(a)(1)
  Motor vehicles: up to $5,000. 44-13-100(a)(3)
  Household goods, appliances, furnishings, musical instruments, books, clothing, animals, and crops: up to $300 per item; up to $5,000 total. 44-13-100(a)(4)
  Jewelry: up to $500. 44-13-100(a)(5)
  Health aids: all professionally prescribed for the debtor and the debtor’s dependents. 44-13-100(a)(10)
  Recoveries for wrongful death: all necessary for support. 44-13-100(a)(11)(B)
  Recoveries for personal injury: up to $10,000. 44-13-100(a)(11)(D)
  Lost future earnings compensation. 44-13-100(a)(11)(E)
Public Benefits Workers’ compensation benefits: all. 34-9-84
  Local public assistance benefits: all. 44-13-100(a)(2)(A)
  Social Security benefits: all. 44-13-100(a)(2)(A)
  Unemployment compensation benefits: all. 44-13-100(a)(2)(A)
  Veterans’ benefits: all. 44-13-100(a)(2)(B)
  Crime victims’ compensation benefits: all. 44-13-100(a)(11)(A)
  Old age assistance benefits: all. 49-4-35
  Aid to blind benefits: all. 49-4-58
  Aid to disabled benefits: all. 49-4-84
Tools of Your Trade Tools of trade, including tools, implements, and books: up to $1,500. 44-13-100(a)(7)
Wages   18-4-20; 18-4-21
Wildcard Any property: up to $600. 44-13-100(a)(6)
  Any property: unused homestead exemption up to $5,000. 44-13-100(a)(6)

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