Georgia is an opt-out state, meaning you generally must use the Official Code of Georgia Annotated (O.C.G.A.) § 44-13-100 instead of federal exemptions for your Chapter 7 or Chapter 13 case. However, Georgia also allows you to **use certain federal exemptions** **in addition** to state exemptions for specific categories. The chart below consolidates **all** major Georgia exemptions from multiple sources, including additional insurance, pension, and personal property items.
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 an 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 solely owned by one spouse. Up to $5,000 of any unused portion may be applied to other property. | 44-13-100(a)(1) | “Wildcard” portion can protect additional assets. (Sometimes listed as $21,500 / $43,000 or $5,000 leftover.) |
| Motor Vehicle | Up to $1,000 equity (some sources say $5,000) | 44-13-100(a)(3) | Conflicting amounts appear in different references; double-check code or use wildcard. |
| Personal Property | Up to $200/item, $3,500 total (some references say $5,000 total). Covers animals, crops, clothing, household goods, etc. | 44-13-100(a)(4) | Appliances, books, furnishings, musical instruments, etc. |
| 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 $7,500 | 44-13-100(a)(11)(C) | Above that might be partially protected if needed for support. |
| 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 owned by someone you depended on, needed for support | 44-13-100(a)(11)(C) | |
| Unmatured Life Insurance Contract | Fully exempt | 44-13-100(a)(8) | |
| Unmatured Life Insurance Dividends, Loan/Cash Value | Up to $2,000 if beneficiary is you or 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), 44-13-100(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, books up to $500 | 44-13-100(a)(7) | For professional or business use. |
| Wages | Minimum 75% of earned but unpaid wages (private & federal workers); judge may authorize more for low-income. | 18-4-20, 18-4-21 | Federal garnish limits also apply. |
| Wildcard | $400 of any property, plus unused homestead portion (up to $5,000) | 44-13-100(a)(6) | Example: If only $16,500 used of $21,500 homestead, leftover $5,000 can protect other assets. |
Note: Georgia law sometimes references the ability to **use certain federal exemptions** in addition to these state exemptions. Double-check which categories permit using both or choose between them if unsure.
- Official Code of Georgia Annotated (O.C.G.A.) § 44-13-100 and related statutes.
- Title 11 of the U.S. Code (Bankruptcy Code): Federal Bankruptcy Laws
- GeorgiaBankruptcy.com & other references
Disclaimer: This page consolidates multiple Georgia exemption sources. Some figures may differ if statutes have been updated or interpreted by courts. Always verify the most recent amounts or consult a licensed Georgia bankruptcy attorney for personalized legal advice.