Georgia is an opt-out state, meaning debtors domiciled in Georgia generally must use the exemptions in O.C.G.A. § 44-13-100 rather than the federal list in 11 U.S.C. § 522(d) for a chapter 7 or chapter 13 case. Separate non-bankruptcy federal protections (for example, Social Security benefits) can still apply in addition to Georgia’s list. The chart below consolidates major Georgia exemptions and related statutes.
Below is a unified table listing key exemptions under O.C.G.A. § 44-13-100 and related statutes. If amounts vary among sources, consult the most recent version of the O.C.G.A. or a Georgia bankruptcy attorney for up-to-date figures.
| Asset / Category | Exemption Description | O.C.G.A. / Code Section | Notes |
|---|---|---|---|
| Homestead | Real property, including co-op, used as residence up to $21,500 (single), $43,000 if title is in one spouse who is a debtor. Up to $10,000 of any unused homestead exemption may be applied to other property via the wildcard. | 44-13-100(a)(1) | Titling matters; verify deed owner(s) to maximize protection. |
| Motor Vehicle | Up to $5,000 equity | 44-13-100(a)(3) | Consider combining with wildcard if equity exceeds $5,000. |
| Personal Property | Up to $300 per item, $5,000 total. Covers animals, crops, clothing, household goods, appliances, books, furnishings, and musical instruments. | 44-13-100(a)(4) | Per-item cap applies within the $5,000 aggregate. |
| Burial Plot | In lieu of homestead | 44-13-100(a)(1) | |
| Health Aids | Fully exempt (any medically necessary items) | 44-13-100(a)(10) | |
| Jewelry | Up to $500 | 44-13-100(a)(5) | |
| Lost Future Earnings | Exempt to extent needed for support | 44-13-100(a)(11)(E) | |
| Personal Injury Recoveries | Up to $10,000 (not including pain and suffering or actual pecuniary loss) | 44-13-100(a)(11)(D) | Amounts above cap may be protected to the extent needed for support under (a)(11)(E). |
| Wrongful Death | Recoveries needed for support | 44-13-100(a)(11)(B) | |
| Insurance (Annuity & Endowment) | Annuity/endowment contract benefits often fully exempt | 33-28-7 | |
| Disability or Health Benefits | Up to $250 per month | 33-29-15 | |
| Fraternal Benefit Society Benefits | Exempt | 33-15-20 | |
| Group Insurance | Exempt | 33-30-10 | |
| Industrial Life Insurance | If policy owned by someone you depend on, needed for support | 33-26-5 | |
| Life Insurance Proceeds | If policy insured someone you depended on, protected to extent needed for support | 44-13-100(a)(11)(C) | |
| Unmatured Life Insurance Contract | Fully exempt (other than credit life) | 44-13-100(a)(8) | |
| Unmatured Life Insurance Dividends, Loan/Cash Value | Up to $2,000 if beneficiary is you or a dependent | 44-13-100(a)(9) | |
| Alimony, Child Support | To extent needed for support | 44-13-100(a)(2)(D) | Generally shielded from creditors. |
| Employees of Nonprofit Corporations | Pension benefits | 44-13-100(a)(2.1)(B) | |
| ERISA-Qualified Benefits | Exempt if needed for support | 18-4-22 | Also see 44-13-100(a)(2)(E) / (2.1)(C). |
| Public Employees | State / local government pension benefits | 44-13-100(a)(2.1)(A), 47-2-332 | |
| Other Pensions Needed for Support | Exempt to extent necessary | 18-4-22, 44-13-100(a)(2)(E), (a)(2.1)(C) | |
| Aid to Blind | Fully exempt | 49-4-58 | |
| Aid to Disabled | Fully exempt | 49-4-84 | |
| Crime Victims' Compensation | Fully exempt | 44-13-100(a)(11)(A) | |
| Local Public Assistance | Fully exempt | 44-13-100(a)(2)(A) | |
| Old Age Assistance | Fully exempt | 49-4-35 | |
| Social Security | Fully exempt | 44-13-100(a)(2)(A) | Also protected by federal law. |
| Unemployment Compensation | Fully exempt | 44-13-100(a)(2)(A) | |
| Veterans' Benefits | Fully exempt | 44-13-100(a)(2)(B) | |
| Workers' Compensation | Fully exempt | 34-9-84 | |
| Tools of Trade | Implements and professional books up to $1,500 | 44-13-100(a)(7) | For professional or business use. |
| Wages | Lesser of 25% of disposable weekly earnings or the amount by which weekly disposable earnings exceed $217.50 (30×$7.25). Different limits can apply to support judgments. | 18-4-5 | Federal garnishment limits also apply. |
| Wildcard | $1,200 of any property, plus any unused homestead portion (up to $10,000) | 44-13-100(a)(6) | Unused homestead can substantially increase protection on vehicles or cash. |