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What are bankruptcy exemptions in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Georgia uses an opt-out scheme with modest exemption amounts.

1. Opt-Out State

Georgia opted out under O.C.G.A. § 44-13-100(b). Debtors must use Georgia exemptions.

2. Homestead — O.C.G.A. § 44-13-100(a)(1)

  • $21,500 for individuals.
  • $43,000 for married couples filing jointly (both on title).

    • Modest by national standards.

    3. Wildcard — O.C.G.A. § 44-13-100(a)(6)

  • $1,200 in any property, PLUS
  • Up to $10,000 of unused homestead exemption.

    • Total wildcard for renter or low-equity debtor: $11,200.

    4. Motor Vehicle — O.C.G.A. § 44-13-100(a)(3)

  • $5,000 equity in one motor vehicle.

    • 5. Personal Property — O.C.G.A. § 44-13-100(a)(4)

  • Household goods, furniture, appliances, books, animals, crops, musical instruments — $300 per item, $5,000 aggregate.
  • Jewelry — § 44-13-100(a)(5): $500.

    • 6. Tools of Trade — O.C.G.A. § 44-13-100(a)(7)

  • $1,500.

    • 7. Wages — O.C.G.A. § 18-4-5

    75% of disposable wages OR 30 times federal minimum wage exempt from garnishment (federal CCPA standard).

    8. Retirement Accounts — O.C.G.A. § 44-13-100(a)(2)(F), (E)

  • ERISA-qualified plans (401(k), pensions): fully exempt.
  • IRAs and Roth IRAs: exempt to extent reasonably necessary for support.

    • 9. Insurance

  • Life insurance proceeds — O.C.G.A. § 33-25-11: exempt.
  • Disability benefits: exempt to extent reasonably necessary.
  • Annuity — O.C.G.A. § 44-13-100(a)(2)(D): up to $250/month.

    • 10. Public Benefits — O.C.G.A. § 44-13-100(a)(2)(A)

    Social Security, unemployment, workers' comp, veterans', public assistance — fully exempt.

    11. Personal Injury Proceeds — O.C.G.A. § 44-13-100(a)(11)

  • $10,000 plus future earnings related to lost income.
  • Wrongful death: amount reasonably necessary for support.

    • 12. Alimony / Child Support — O.C.G.A. § 44-13-100(a)(2)(D)

    Reasonably necessary for support — exempt.

    13. Health Aids — O.C.G.A. § 44-13-100(a)(10)

    Fully exempt.

    14. Burial Plot — O.C.G.A. § 44-13-100(a)(1)

    Included in homestead exemption.

    15. Domicile Requirement

    730-day rule under 11 U.S.C. § 522(b)(3).

    16. No Inflation Adjustment

    Georgia exemption amounts are NOT routinely adjusted; have remained stagnant for years.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your home equity exceeds $21,500 and may be partially non-exempt
    • Your IRA balance is large and you need to argue 'reasonably necessary for support'
    • You have substantial vehicle equity above the $5,000 cap
    Related Statutes & Laws
    • O.C.G.A. § 44-13-100
    • O.C.G.A. § 18-4-5
    • O.C.G.A. § 33-25-11

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.