Georgia Bankruptcy Exemptions

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.

Full Georgia Exemption Reference

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.

How Georgia Bankruptcy Exemptions Work

Exemptions determine what you can keep when you file bankruptcy in Georgia. Because Georgia has opted out of the federal exemption list, most Georgia filers claim the categories and dollar amounts in O.C.G.A. § 44-13-100. If you’ve recently moved, federal domicile rules decide which state’s law applies; many filers must use their prior state’s scheme unless they’ve lived in Georgia for at least two years.

• State framework: Georgia’s statute lists homestead, vehicle, household goods, jewelry, tools, a wildcard, certain insurance and benefit protections, and specific recoveries.
• Federal overlays: Non-bankruptcy federal laws (for example, Social Security) still protect benefits alongside Georgia’s statute.
• Documentation: Trustees typically ask for pay stubs, tax returns, bank statements, and proof of asset values to verify your exemptions.

Using the Wildcard Strategically (With Examples)

Georgia’s wildcard lets you shield $1,200 of any property—and you can add up to $10,000 more from any unused homestead. This is especially helpful if your car or cash balance sits just above a category cap.

• Example 1 (Vehicle + Wildcard): Your car has $6,700 equity. You claim the $5,000 motor-vehicle exemption, then apply $1,200 wildcard to reach $6,200. The remaining $500 can often be covered with unused homestead (if available), avoiding turnover.
• Example 2 (Emergency Savings): You have $3,000 in a checking account and no home equity. Apply the $1,200 wildcard and up to $1,800 of unused homestead (if you have any) to fully protect the funds.

Joint Filers, Titling, and the Homestead Amount

Georgia’s homestead is $21,500, but if title to the residence is in one spouse who is a debtor, the available homestead under the statute is $43,000. Titling matters—confirm how your deed is held before you plan your exemptions.

• Check the deed: Ensure the titled owner(s) match your filing posture (single vs. joint) so you don’t leave protection on the table.
• Coordinate with wildcard: If you don’t use the full homestead, the unused portion—up to $10,000—can flow to other assets via the wildcard.

Valuing Property for § 44-13-100

For household goods and everyday items, trustees typically look for a practical resale value—what similar items would bring in a quick private sale. Keep receipts or screenshots for unusual items, and note the $300 per-item cap (and $5,000 category total) for household goods.

• Vehicles: Use a realistic private-party value adjusted for mileage and condition.
• Jewelry: Small personal pieces often fit within the $500 cap; appraise higher-value items early to plan around categories and wildcard.
• Insurance & benefits: Some benefits (e.g., disability) have specific dollar limits; others (e.g., Social Security) are protected by separate law.

Georgia Domicile Timing (The “730-Day Rule”)

If you moved to Georgia within the last two years, federal law can require you to use your previous state’s exemptions instead of Georgia’s. Your attorney will apply the 730-day rule and, if needed, a 180-day look-back to determine the correct scheme.

Next Steps

• List every asset with a reasonable value and map each to its exemption.
• Decide whether you’ll need wildcard to cover cash, vehicles, or miscellaneous items.
• Confirm domicile timing if you recently moved, and gather trustee-requested documents early.

For chapter-specific guidance, see our Georgia pages on chapter 7 and chapter 13, or compare the two routes side-by-side in chapter 7 vs chapter 13.

References & Disclaimer

- 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.