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 (current as of 2024 code text).
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 (or a cooperative) used as a residence: up to $21,500 (single); $43,000 if title is in one spouse who is a debtor. May claim a burial plot in lieu of homestead. 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 for the $43,000 amount (title in one of two spouses who is a debtor). |
| 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 (medically necessary items) | 44-13-100(a)(10) | |
| Jewelry | Up to $500 | 44-13-100(a)(5) | |
| Lost Future Earnings | Exempt to extent reasonably necessary for support | 44-13-100(a)(11)(E) | |
| Personal Injury Recoveries | Up to $10,000 (excluding pain & suffering or actual pecuniary loss) | 44-13-100(a)(11)(D) | Amounts above the cap can be protected to the extent needed for support under (a)(11)(E). |
| Wrongful Death | Recoveries to the extent needed for support | 44-13-100(a)(11)(B) | |
| Insurance (Annuity & Endowment) | Insurance-code protection for annuity/endowment proceeds (generally protected from attachment/garnishment for the beneficiary). | 33-28-7 | In bankruptcy, § 44-13-100 controls; insurance-code protections do not always expand bankruptcy exemptions. See cases interpreting interaction of 33-28-7 and 44-13-100. |
| 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, to extent needed for support | 33-26-5 | |
| Life Insurance Proceeds | If policy insured someone you depended on, protected to the 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) | |
| Public Employees | State / local government pension benefits | 44-13-100(a)(2.1)(A), 47-2-332 | |
| ERISA-Qualified & IRA Payments | Payments under pension/annuity/IRA plans are exempt to the extent reasonably necessary for support. | 44-13-100(a)(2)(E), (a)(2)(F), (a)(2.1)(C) | Bankruptcy courts apply a “reasonably necessary for support” test. |
| 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). If the judgment is for a private student loan, the cap is 15% instead of 25%. | 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) | Depending on unused homestead, the wildcard can reach $11,200 total. |