Georgia Bankruptcy Exemptions
Georgia is an opt-out state, meaning filers must use Georgia's state exemption schedule under O.C.G.A. § 44-13-100 instead of the federal exemption list. Exemptions protect specific property from the bankruptcy trustee in a Chapter 7 case and determine how much unsecured creditors receive in a Chapter 13 plan.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. A Georgia bankruptcy attorney can help.
What Exemptions Do — and Why They Matter
When you file Chapter 7, a bankruptcy trustee has the authority to sell your non-exempt assets and distribute the proceeds to creditors. Exemptions are the legal shield that protects specific property from that process. If an asset is fully covered by an exemption, the trustee cannot touch it.
In Chapter 13, exemptions serve a different but equally important function: they set the floor for how much unsecured creditors must receive through your repayment plan. Creditors are entitled to at least what they would have received in a Chapter 7 liquidation — so the more property you can exempt, the lower your plan payments can be.
Georgia Is an Opt-Out State
Federal bankruptcy law gives states the choice to require their residents to use state exemptions rather than the federal schedule. Georgia has exercised that option under 11 U.S.C. § 522(b). This means Georgia filers must use O.C.G.A. § 44-13-100 exclusively — you cannot mix and match with the federal list.
Georgia’s Exemption Schedule Under O.C.G.A. § 44-13-100
Homestead (real or personal property used as residence): $21,500 per individual filer; $43,000 when spouses co-file — § 44-13-100(a)(1). This covers equity in your home, mobile home, or other real property used as a principal residence. If you rent and have no real property equity, you can stack the unused portion into the wildcard.
Retirement accounts: Unlimited for qualified tax-exempt plans — § 44-13-100(a)(2). IRAs, 401(k)s, 403(b)s, and similar accounts are fully exempt regardless of their balance. This is one of Georgia’s most powerful exemptions.
Motor vehicle: $5,000 in one motor vehicle — § 44-13-100(a)(3). If your car has $4,000 in equity, it is fully protected. If it has $8,000 in equity, the trustee could, in theory, sell it and return $5,000 to you — though in practice trustees often abandon assets with modest non-exempt equity.
Household furnishings and goods: $300 per individual item — § 44-13-100(a)(4). Furniture, appliances, books, clothing, musical instruments, and animals used for personal use each get up to $300 of protection. Most everyday household belongings fall under this value.
Jewelry: $500 aggregate — § 44-13-100(a)(5). All jewelry combined is limited to $500 in exempt value.
Wildcard: $1,200 plus up to $10,000 of unused homestead exemption — § 44-13-100(a)(6). Maximum total wildcard: $11,200. You can apply this to any property — cash, a tax refund, additional vehicle equity, or anything else not covered by another category.
Tools of the trade: $1,500 in implements, books, and tools necessary for your trade or profession — § 44-13-100(a)(7).
Alimony and child support: Reasonably necessary for the debtor’s support — § 44-13-100(a)(9).
Life insurance: The unmatured cash surrender value of life insurance is exempt up to $2,000 — § 44-13-100(a)(8).
Personal injury award: $10,000 from a personal injury claim (not property damage) — § 44-13-100(a)(11). Wrongful death awards for the debtor’s dependents are also exempt — § 44-13-100(a)(10).
What Happens to Non-Exempt Property
In Chapter 7, the trustee can liquidate assets that exceed your exemption amounts. However, trustees often abandon assets with limited non-exempt equity because the cost of selling them would exceed the benefit to creditors. Talk to an attorney about how your specific assets stack up against the exemption amounts before filing.
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Start your free intakeFrequently asked questions
- What does 'opt-out state' mean for Georgia bankruptcy filers?
- Under 11 U.S.C. § 522(b), states may opt out of the federal exemption schedule. Georgia has done so. Georgia filers must use the state exemptions listed in O.C.G.A. § 44-13-100 — they cannot choose the federal schedule instead. This matters because some federal exemptions (particularly the wildcard) are more generous, while Georgia's homestead exemption is roughly comparable.
- Can I double the exemptions if my spouse and I file together?
- For the homestead exemption specifically, yes — the limit doubles from $21,500 to $43,000 when spouses co-file (O.C.G.A. § 44-13-100(a)(1)). Most other exemptions in Georgia do not explicitly double for joint filers, though courts have interpreted some provisions to allow doubling where the property is jointly owned. An attorney can advise on your specific assets.
- How does the wildcard exemption work?
- Georgia's wildcard under O.C.G.A. § 44-13-100(a)(6) gives you $1,200 to apply to any property of your choice, plus up to $10,000 of any unused portion of your homestead exemption — for a maximum wildcard of $11,200. This is useful for cash, tax refunds, non-exempt equity, or other assets that don't fit neatly into other categories.
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Related guides
- Chapter 13 Bankruptcy in Georgia Chapter 13 bankruptcy lets Georgia filers keep all their property while repaying debts through a 3- to 5-year court-approved plan. It is the primary tool for stopping foreclosure and catching up on mortgage arrears, and it can discharge some debts that Chapter 7 cannot.
- Chapter 7 Bankruptcy in Georgia Chapter 7 is the fastest form of personal bankruptcy — most Georgia filers receive a discharge of eligible debts within about four months of filing. You must pass the means test to qualify, and Georgia's opt-out exemptions under O.C.G.A. § 44-13-100 determine what property you keep.
- How Bankruptcy Works in Georgia Bankruptcy in Georgia is a federal court process governed by Title 11 of the U.S. Code. Individual filers choose between Chapter 7 liquidation and Chapter 13 reorganization based on their income, assets, and goals. All cases are filed in one of Georgia's three federal bankruptcy districts, and 341 meetings are now held via Zoom.
- Non-Dischargeable Debts in Bankruptcy Bankruptcy discharge eliminates most debts, but 11 U.S.C. § 523 lists specific categories that survive — including student loans, recent income taxes, domestic support obligations, and debts from fraud. Chapter 13 can discharge a few categories that Chapter 7 cannot.
- The Automatic Stay in Bankruptcy The automatic stay under 11 U.S.C. § 362 takes effect the instant a bankruptcy petition is filed, immediately halting most collection actions including foreclosure, wage garnishment, collection calls, and pending lawsuits. It is one of the most powerful protections in bankruptcy law.