Georgia Exemption Notes

Because the federal exemptions are not available in Georgia,  residents must use the Georgia state law exemptions, plus the federal non-bankruptcy exemptions.

If you have no real estate, or don't need to use all the $21,500 homestead exemption, you can use up to $10,000 of unused homestead exemptions to protect personal property .  The $5000 personal property seems generous, but it's limited to $300 per item,  . 

Vehicles exempted to $5,000 is good, and If not using the homestead for real estate, you can use up to $10,000 of the unused amount as a wildcard exemption for any other property. And you can protect $2,000 of other property, and $1,500 in tools of trade

Georgia's neighbors treat debtors more generously.  Mississippi offers its residents a blanket $50,000 wildcard exemption, while Florida threats those with real estate with a homestead that exempts any value of real estate limited only by lot size.

The Georgia homestead of only $21,500 may not protect much, although spouses can double it even if one spouse files individually. (Bankruptcy only: $43,000 if title to property is in one of two spouses who is a debtor. Ga. Code Ann. § 44-13-100(a)(1) )

Other Discussions of Georgia Exemptions On The Web

Both UpSolve and Nolo have discussions of Georgia bankruptcy exemptions


Can I use the §522(d) Federal Bankruptcy Exemptions in Georgia?

No. Ga. Code Ann. § 44-13-100(b).



Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property

Motor Vehicle

Motor vehicles to $5,000


Unused portion of homestead exemption to $10,000
$1,200 of any property

Personal Property

Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $300 per item, $5,000 total
Jewelry to $500
Health aids

See Also:
  • Homestead

  • Homestead [US] Real property, including co-op or mobile home, or burial plot to $27,900; unused portion of homestead to $13,950 may be applied to any property
  • Tenancy by Entirety

  • Tenancy by Entirety [US] Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
  • Insurance — Life, Disability

  • Insurance — Life, Disability [US] Disability, illness, or unemployment benefits
  • Insurance — Life, Disability [US] Life insurance payments from policy for person you depended on, needed for support
  • Insurance — Life, Disability [US] Life insurance policy loan value, in accured dividends or interest, to $14,875
  • Insurance — Life, Disability [US] Unamtured life insurance contract, except credit insurance policy
  • Pensions & Retirement Savings

  • Pensions & Retirement Savings [US] All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
  • Personal Property

  • Personal Property [US] Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $700 per item, $14,875 total
  • Personal Property [US] Health aids
  • Personal Property [US] Jewelry to $1,875
  • Personal Property [US] Lost earnings payments
  • Personal Property [US] Motor vehicle to $4,450
  • Personal Property [US] Personal injury recoveries to $27,900 (not to include pain & suffering or pecuniary loss)
  • Personal Property [US] Wrongful death recoveries for person you depended on
  • Public Benefits

  • Public Benefits [US] Crime victims' compensation
  • Public Benefits [US] Social Security
  • Public Benefits [US] Unemployment compensation
  • Public Benefits [US] Veteran's benefits
  • Tools of Trade

  • Tools of Trade [US] Implements, books, & tools of trade to $2,800
  • Wages

  • Wages [US] None
  • Wild Card

  • Wild Card [US] $1,475 of any property
  • Wild Card [US] Up to $13,950 of unused homestead exemption amount, for any property.
  • Miscellaneous

  • Miscellaneous [US] Alimony, child support needed for support