Georgia State Exemption List

Federal Bankruptcy laws outline what type of exemptions are allowed when filing bankruptcy. Certain states, however, have created their own state exemption list and will not allow you to use the federal exemption list, still others will allow you to choose between the federal and state exemption list.

In the state of Georgia, you have to use the Georgia State Exemption list.

The goal of exemptions is to allow you to keep enough personal assets to be able to start over after you file personal bankruptcy. Certain states also may have additional residency requirements to use their state exemption list. It is important to talk to a Georgia Bankruptcy Attorney to determine what types of exemptions you will have.

The table below will outline in general terms the Georgia State exemptions for personal property. Not all of your assets will have matching exemptions.

Exemptions Exemption Amount Statutes
Homestead Real or personal property, including co-op, used as residence to $5,000; unused portion of homestead may be applied to any property. 44-13-100(a)(1)
Insurance Annuity and endowment contract benefits 33-28-7
  Disability or health benefits to $250 per month 33-29-15
  Fraternal benefit society benefits 33-15-20
  Group insurance 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 44-13-100(a)(8)
  Unmatured life insurance dividends, interest, loan value or cash value to $2,000 if beneficiary is you or someone you depend on 44-13-100(a)(9)

Personal Property

Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $200 per item, $3,500 total 44-13-100(a)(4)
  Burial plot, in lieu of homestead 44-13-100(a)(1)
  Health aids 44-13-100(a)(10)
  Jewelry to $500 44-13-100(a)(5)
  Lost future earnings needed for support 44-13-100(a)(11)(E)
  Motor vehicles to $1,000 44-13-100(a)(3)
  Personal injury recoveries to $7,500 44-13-100(a)(11)(C)
  Wrongful death recoveries needed for support 44-13-100(a)(11)(B)
Pensions Employees of non-profit corporations 44-13-100(a)(2.1)(B)
  ERISA-qualified benefits 18-4-22
  Public employees

44-13-100(a)(2.1)(A),

47-2-332
  Other pensions needed for support

18-4-22,

44-13-100 (a)(2)(E),

44-13-100(a)(2.1)(C)
Miscellaneous Alimony, child support needed for support 44-13-100(a)(2)(D)
Wages Minimum 75% of earned but unpaid wages for private and federal workers; bankruptcy judge may authorize more for low-income debtors 18-4-20, 18-4-21
Wildcard $400 of any property 44-13-100(a)(6)
  Unused portion of homestead exemption, of any property 44-13-100(a)(6)
Tools of the Trade Implements, books and tool of trade to $500 44-13-100(a)(7)
Public Benefits Aid to blind 49-4-58
  Aid to disabled 49-4-84
  Crime victims’ compensation 44-13-100(a)(11)(A)
  Local public assistance 44-13-100(a)(2)(A)
  Old age assistance 49-4-35
  Social security 44-13-100(a)(2)(A)
  Unemployment compensation 44-13-100(a)(2)(A)
  Veterans’ benefits 44-13-100(a)(2)(B)
  Workers’ compensation 34-9-84

There are certain debts such as deeds of trust, taxes. And mortgages which will not be discharged by filing bankruptcy. Failure to pay these debts will allow the lender the right to pursue legal debt collection efforts.

For more information call us at 866-210-1722 or fill out the form below.
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