Georgia Bankruptcy Exemptions

On this page you can find all of the exemptions for Georgia. Exemptions are the property that you can keep when you file bankruptcy.

CATEGORY
PROPERTY
AMOUNT
STATUTE
Homestead
Real or personal property (homestead)
$5,000, or $21,500 if debtor's primary residence
* GA. Code Ann. § 44-13-1
Homestead
Debtor's aggregate interest in real or personal property used by debtor or a dependent as residence, in cooperative owning property used by debtor or dependent as residence, or in burial plot of debtor or dependent
$21500 $43,000 if owned by 1 of 2 spouses
GA. Code Ann. § 44-13-100(a)(1)
Motor Vehicle
All motor vehicles
$3,500
GA. Code Ann. § 44-13-100 (a)(3)
Wild Card
Debtor's aggregate interest in any property
$600 plus unused portion of exemption under GCA 44-13-100 (a)(1) above not to exceed $5,000
GA. Code Ann. § 44-13-100 (a)(6)
Wages / Wage Garnishment
Disposable earnings (Includes pension& retirement payments - see GA. Code Ann. § 18-4-22)
75% OR 30 times the federal minimum hourly wage per week; WHICHEVER IS GREATER
GA. Code Ann. § 18-4-20
Insurance
Proceeds and avails of accident and sickness insurance policies
100%
GA. Code Ann. § 33-29-15 GA. Code Ann. § 33-30-10
Insurance
Group/blanket accident and sickness insurance
$250/month
GA. Code Ann. § 33-30-10
Insurance
Proceeds and avails of life insurance policy payable to person other than insured including cash surrender value
100%
GA. Code Ann. § 33-25-11
Insurance
Annuity and endowment contract benefits
100%
GA. Code Ann. § 33-28-7
Insurance
Group insurance
100%
GA. Code Ann. § 33-27-7
Insurance
Payments on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of debtor or individual of whom debtor is a dependent
$10,000
GA. Code Ann. § 44-13-100 (a)(11)(D)
Insurance
Industrial life insurance policy
100%
GA. Code Ann. § 33-26-5
Insurance
Proceeds of life insurance contract insuring life of individual of whom debtor was a dependent on date of death
Amount reasonably necessary for the support of debtor and dependents
GA. Code Ann. § 44-13-100 (a)(11)©
Insurance
Disability insurance payments
$250/month
GA. Code Ann. § 33-29-15
Insurance
Debtor's aggregate interest in accrued dividends or interest or loan or cash value of any unmatured life insurance contract owned by debtor wherein insured is the debtor or an individual of whom the debtor is a dependent
$2,000 less transfers described in 11 U.S.C. § 542(d)
GA. Code Ann. § 44-13-100 (a)(9)
Insurance
Fraternal Benefit Society benefits
100%
GA. Code Ann. § 33-15-20 GA. Code Ann. § 33-15-62
Insurance
Any unmatured life insurance contract owned by debtor, except credit life insurance contract
100%
GA. Code Ann. § 44-13-100 (a)(8)
Personal Property
Professionally prescribed health aids of debtor and dependents
100%
GA. Code Ann. § 44-13-100 (a)(10)
Personal Property
Personal jewelry of debtor or dependents
$500
GA. Code Ann. § 44-13-100 (a)(5)
Personal Property
Household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments, held primarily for the personal, family or household use of debtor or dependent
$300 per item, with $5,000 aggregate limit
GA. Code Ann. § 44-13-100 (a)(4)
Personal Property
Payments in compensation for loss of future earnings of debtor or of an individual of whom debtor is or was a dependent
Amount reasonably necessary for the support of debtor and dependents
GA. Code Ann. § 44-13-100 (a)(11)(E)
Personal Property
Payments on account of the wrongful death of an individual of whom the debtor was a dependent
Amount reasonably necessary for the support of debtor and dependents
GA. Code Ann. § 44-13-100 (a)(11)(B)
Pensions / Retirement Accounts
Firemen's pension benefits
100%
GA. Code Ann. § 47-7-122
Pensions / Retirement Accounts
Debtor's interest in public, nonprofit, or private pension, retirement plan or individual retirement account
100% for public or nonprofit plans. Private plans subject to limits set forth in federal bankruptcy exemptions.
GA. Code Ann. § 44-13-100 (a)(2.1)
Pensions / Retirement Accounts
Sheriff & peace officer's retirement benefits
100%
GA. Code Ann. § 47-16-122, 47-17-103
Pensions / Retirement Accounts
Legislator retirement benefits
100%
GA. Code Ann. § 47-6-100
Pensions / Retirement Accounts
Funds and benefits of employee benefit plans subject to ERISA
100% (alimony & support claims excepted)
GA. Code Ann. § 18-4-22
Pensions / Retirement Accounts
Teachers' retirement benefits
100%
GA. Code Ann. § 47-3-28, 47-4-120
Pensions / Retirement Accounts
Retirement and pension funds and benefits
100% until distribution, then same as
GA. Code Ann. § 18-4-22
Pensions / Retirement Accounts
State, county, and city employees' retirement benefits
100%
GA. Code Ann. § 47-2-332, 44-13-100(a)(2)(E), 47-5-71
Pensions / Retirement Accounts
Judges & Court employees' retirement benefits
100%
GA. Code Ann. § 47-11-91,47-12-101, 47-23-121, 47-25-101, 47-14-91,
Pensions / Retirement Accounts
District attorney's retirement benefits GCA § 47-12-101
100%
GA. Code Ann. § 47-12-101
Tools of the Trade
Implements, professional books or tools of trade of debtor or dependent
$1,500
GA. Code Ann. § 44-13-100 (a)(7)
Public Benefits
Debtor's right to receive social security benefits, unemployment, compensation veterans' benefits, or disability, illness or unemployment benefits
100%
GA. Code Ann. § 44-13-100 (a)(2)(A),(B),©
Public Benefits
Assistance to disabled
100%
GA. Code Ann. § 49-4-84
Public Benefits
Blind person's benefits
100%
GA. Code Ann. § 49-4-58
Public Benefits
Old age assistance payments
100%
GA. Code Ann. § 49-4-35
Public Benefits
Unemployment compensation benefits
100%
GA. Code Ann. § 34-8-252
Public Benefits
Workmen's compensation benefits
100%
GA. Code Ann. § 34-9-84
Public Benefits
Awards made under crime reparation laws
100%
GA. Code Ann. § 44-13-100 (a)(11)(A)
Miscellaneous
Alimony, support or maintenance payments, and payments under pension, IRA, annuity or similar plans or contracts on account of illness, disability, death, age or length of service
Amount reasonably necessary for support of debtor and dependents
GA. Code Ann. § 44-13-100 (a)(2)(D),(E),(F)
Miscellaneous
Produce, rents, or profits from exempt property
100%
GA. Code Ann. § 44-13-18
Miscellaneous
Wages of deceased employee
$2,500
GA. Code Ann. § 34-7-4

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