Because Georgia is an opt-out state, filers must use state exemption statutes rather than federal ones. Understanding these rules is crucial for both Chapter 7 and Chapter 13 cases. Below is an overview of Georgia’s major exemptions, referencing O.C.G.A. § 44-13-100.
| Property | Exemption Amount | Statute | Notes |
|---|---|---|---|
| Homestead | Up to $21,500 (single) / $43,000 (joint) | O.C.G.A. § 44-13-100(a)(1) | Unused portion can “roll over” into wildcard for other property. |
| Motor Vehicle | $5,000 equity | O.C.G.A. § 44-13-100(a)(3) | Can potentially use wildcard if above limit. |
| Personal Property | $5,000 total for household goods/clothing/etc. | O.C.G.A. § 44-13-100(a)(4-6) | Includes furnishings, electronics, etc. |
| Wildcard | $10,000 from unused homestead | O.C.G.A. § 44-13-100(a)(1), (a)(6) | Lets you protect additional property beyond the main categories. |
| Retirement / Pension | Fully exempt | O.C.G.A. § 44-13-100(a)(2.1) | Covers IRAs, 401(k)s, other ERISA-qualified plans. |
Because Georgia’s exemption amounts can change periodically, check the latestO.C.G.A. or consult an attorney.
- O.C.G.A. § 44-13-100 (Georgia’s Exemption Statutes)
- Title 11 of the U.S. Code: Federal Bankruptcy Laws
This information is for general reference only and does not constitute legal advice. Always consult a qualified Georgia bankruptcy attorney to confirm current exemption amounts.