Georgia Bankruptcy Exemptions

This list of exemptions updated August 2007. All law references are to Official Code of Georgia Annotated unless otherwise noted. Federal bankruptcy exemptions are not available in Georgia.

Homestead

44-13-100 - Real or personal property, including co-op, used as a residence, up to $10,000 (up to $20,000 if married whether the spouse is filing or not). Unused portion up to $5,000 may be applied to any other property.

Personal Property

44-13-100 - Motor vehicles up to $3,500; clothing, household goods, appliances, furnishings, books, musical instruments, animals, and crops up to $300 per item and $5,000 total; jewelry up to $500; health aids; lost future earnings recoveries needed for support up to $7,500; personal injury recoveries up to $10,000; wrongful death recoveries needed for support; burial plot in lieu of homestead. Also, any property up to $600 plus any unused homestead amount up to $5,000.

Wages

18-4-20 - For private and federal workers, either 40 times the state or federal hourly minimum wage or a minimum 75% of earned but unpaid earnings; whichever amount is greater. The judge may authorize more for low-income debtors.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional IRAs and Roth IRAs up to $1,095,000 per person.

18-4-22 - ERISA-IRAs and qualified benefits.

44-13-100 - Nonprofit corporations' employees; public employees; other pensions and IRA payments needed for support.

Public Benefits

34-9-84 - Workers' compensation.

44-13-100 - Unemployment compensation, Veterans' benefits, social security, crime victims' compensation, and local public assistance.

49-4-35 - Old age assistance.

49-4-58 - Aid to blind.

49-4-84 - Aid to disabled.

Tools of Trade

44-13-100 - Tools, books, and implements of trade up to $1,500.

Alimony and Child Support

44-13-100 - Alimony and child support needed for support.

Insurance

33-15-62 - Fraternal benefit society benefits.

33-26-5 - Life insurance proceeds and availables.

33-28-7 - Annuity and endowment contract benefits.

33-29-15 - Disability or health benefits up to $250 per month.

33-30-10 - Group insurance.

44-13-100 - Unmatured life insurance contract; unmatured life insurance dividends, interest, loan value or cash value up to $2,000 if you or someone you depend on is beneficiary; life insurance proceeds if policy is owned by someone you depend on and is needed for support.

Other - Add any applicable Federal Nonbankruptcy Exemptions

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