Georgia Bankruptcy Exemptions — What You Keep
What property you can protect when filing for bankruptcy in Georgia — homestead, personal property, vehicle, wage, and retirement exemptions.
Georgia's exemption system
Georgia requires use of state exemptions only — federal bankruptcy exemptions under §11 U.S.C. § 522(d) are not available. This means the specific Georgia exemption amounts below control what you can protect.
Key Georgia exemptions
Homestead §44-13-100(a)(1)
$21,500 in equity ($43,000 for married couple filing jointly). This protects equity in your primary residence — if your home equity is within this limit, you keep the house in bankruptcy.
Personal property §44-13-100(a)(4)
$5,000 aggregate (household furnishings, clothes, appliances, etc.). This covers household goods, furnishings, clothing, and everyday personal items.
Vehicle §44-13-100(a)(3)
$5,000 in equity. This protects equity in your car — meaning the value of the vehicle minus what you owe on it.
Wages §18-4-5
75% of disposable earnings exempt from garnishment. This applies to wages already earned but not yet paid at the time of filing.
Wildcard §44-13-100(a)(6)
$1,200 plus any unused portion of the homestead exemption (up to $10,000). A wildcard exemption can be applied to any property not fully covered by other exemptions.
Retirement accounts §44-13-100(a)(2.1)
ERISA-qualified plans and IRAs are fully exempt; state retirement funds also exempt. Retirement accounts receive strong protection in bankruptcy — both under state law and federal law §29 U.S.C. § 1056 (ERISA).
Tools of trade §44-13-100(a)(7)
$1,500 in implements, professional books, or tools of trade. This protects the equipment you need to earn a living.
Georgia exemption comparison
| Homestead | Personal property | Wildcard | |
|---|---|---|---|
| What it protects | Equity in your primary residence §11 U.S.C. § 522 | Household goods, furnishings, clothing §11 U.S.C. § 522 | Any property not covered by other exemptions §11 U.S.C. § 522 |
| Georgia limit | $21,500 in equity ($43,000 for married couple filing jointly) §44-13-100(a)(1) | $5,000 aggregate (household furnishings, clothes, appliances, etc.) §44-13-100(a)(4) | $1,200 plus any unused portion of the homestead exemption (up to $10,000) §44-13-100(a)(6) |
| Key limitation | Primary residence only — not investment property §11 U.S.C. § 522 | Individual item and aggregate caps may apply §11 U.S.C. § 522 | Total cap across all wildcard-claimed property §11 U.S.C. § 522 |
| Strategic value | Can be the largest exemption | Protects everyday necessities | Fills gaps left by specific exemptions |
How exemptions affect chapter choice
- In Chapter 7, non-exempt property can be liquidated by the trustee. High exemptions mean you keep more.
- In Chapter 13, the "best interests of creditors" test means your plan must pay unsecured creditors at least what they would have received if non-exempt assets were liquidated in Chapter 7. Higher exemptions can reduce your required plan payment.
Common exemption planning considerations
- Is your home equity within the homestead limit, or does it exceed the cap?
- Do you have a vehicle loan that reduces your equity below the exemption?
- Are there assets that could be reclassified or converted to exempt form before filing?
- Would waiting to file change the exemption calculation (e.g., recent large deposit, bonus, tax refund)?
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- $21,500 in equity ($43,000 for married couple filing jointly)
- $5,000 aggregate (household furnishings, clothes, appliances, etc.)
- 75% of disposable earnings exempt from garnishment