What Are the Georgia Bankruptcy Exemptions?
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If you’ve been a Georgia resident for the last two years before you file Chapter 7, you’ll need to use the state’s exemptions to protect your property during your bankruptcy. Exemptions are laws that outline what property you can keep during bankruptcy. The Georgia homestead exemption is $21,500. The motor vehicle exemption is $5,000. Georgia also has a wildcard exemption you can use to protect other personal property, up to $1,200. If you don’t use the full homestead exemption, you can apply up to $10,000 of the unused portion to protect personal property as well.
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 14, 2026
Why Are Exemptions Important in Georgia in Chapter 7 Bankruptcy?
Many people mistakenly believe that filing for Chapter 7 bankruptcy means giving up everything they own.
In reality, most people who file Chapter 7 bankruptcy keep all of their property by using Georgia’s bankruptcy exemptions. These are laws that protect certain types of property — like your home, car, or household goods — so you can maintain a basic standard of living while getting debt relief.
✨ Bankruptcy can feel overwhelming, but you don’t have to do it alone. Upsolve’s free filing tool walks you through each step of the process. Take our quick screener to see if you qualify. We’ve helped over 20,000 people file successfully, and our service is completely free.
Does Georgia Allow You To Use Federal Bankruptcy Exemptions?
No — if you file Chapter 7 in Georgia and have lived in the state for at least two years, you’re required to use Georgia’s state bankruptcy exemptions.
While the federal government offers its own set of exemptions, Georgia doesn’t give filers the option to use them. Only the state exemptions apply.
That said, some federal protections are available. For example, certain retirement accounts and disability benefits may be protected under federal non-bankruptcy exemptions, regardless of the state you file in.
📌 To use Georgia’s exemptions, you must have lived in the state for at least 730 days (two years) before filing. This rule is in place to prevent people from moving states just to take advantage of more generous exemption laws.
What Are Georgia’s Bankruptcy Exemptions?
Exemptions generally fall into three main categories:
🏠 Real property, like your home or any land you own
🛋️ Personal property, like household goods, your vehicle, or tools used for work
💰 Money benefits, like wages, retirement accounts, and other financial assets
Real Property: Georgia’s Homestead Exemption
Georgia’s homestead exemption allows you to protect up to $21,500 of equity in real estate you use as your primary residence. This includes a house, condominium, or cooperative.
💡 To figure out how much equity you have, subtract the amount you owe on your mortgage from your home’s current value.
👥 If you’re married and both you and your spouse own the home, the exemption amount doubles to $43,000.
Due to our limits, if you’re a homeowner, you won’t be eligible to use Upsolve’s free filing tool. But we can connect you to a local attorney for a free consultation.
Source: Georgia Code § 44-13-100(a)(1)
Georgia’s Personal Property Exemptions
Georgia law allows you to protect many personal belongings when you file Chapter 7 bankruptcy. Most of these are grouped under a $5,000 total exemption, but each individual item must be valued at $300 or less to qualify.
🛋️ This exemption can apply to items like:
Clothing
Furniture and household goods
Appliances
Books
Musical instruments
Health aids
Animals and crops
You can also fully exempt one burial plot, but only if you haven’t used the homestead exemption.
💍Other specific exemptions include:
$500 for jewelry
$1,500 for tools of the trade, including professional tools, books, and equipment needed for your job
Source: Georgia Code § 44-13-100(a)(1)–(7)
Motor Vehicle Exemption
🚗 One of the first questions people ask when considering Chapter 7 is whether they’ll have to give up their car. The good news is that Georgia law allows you to protect up to $5,000 of equity in one motor vehicle. (Equity is the car’s value minus any loan balance.)
If you’re filing with your spouse and both of you own the vehicle, you may be able to double this exemption to $10,000.
Source: Georgia Code § 44-13-100(a)(3)
Georgia’s Wildcard Exemption
🎯 Georgia also offers a wildcard exemption that can help you protect personal property not covered by other exemptions. You can use up to $1,200 to protect any property of your choosing.
In addition, if you don’t use the full homestead exemption, you can apply up to $10,000 of the unused amount to protect other personal property.
Source: Georgia Code § 44-13-100(a)(6)
Money Benefits
Georgia fully exempts many types of monetary benefits in bankruptcy, especially those tied to public assistance, retirement, or support payments. Other benefits, like wages or insurance policies, may be partially exempt.
Fully Exempt
🏛️ The following types of public assistance and income are fully exempt:
Workers’ compensation
Unemployment compensation
Veterans benefits
Social Security
Crime victims’ compensation
Local public assistance
Old age assistance
Disability benefits
👨👩👧 Alimony and child support payments are also fully exempt.
Source: Georgia Code §§ 44-13-100 (subsections (a)(2)(A)–(C), (a)(11)(A)), 44-13-100(a)(2)(D)
🛡️ Most retirement accounts are fully protected in Georgia through federal non-bankruptcy exemptions. These include:
401(k)s, 403(b)s
Profit-sharing and money purchase plans
SEP and SIMPLE IRAs
Traditional and Roth IRAs (exempt up to the federal limit, which is $1,711,975 as of 2025)
Employer-sponsored pension plans
Retirement plans for government or nonprofit employees, if the funds are reasonably necessary for your support
These protections ensure that long-term retirement savings are preserved during the bankruptcy process.
Sources: 11 U.S.C. §§ 522(b)(3)(C) and 522(n); Internal Revenue Code §§ 401, 403, 408, 408A, 414, 457; Georgia Code § 44-13-100(a)(2)(E) and (a)(2.1)
Partially Exempt
Some types of financial benefits are only protected up to a certain amount in Chapter 7 bankruptcy:
Unmatured life insurance policies: Up to $2,000 of equity is exempt.
Disability or health benefits: Up to $250 per month is exempt.
Your wages are partially exempt in Georgia. In most cases, you can keep the greater of:
75% of your disposable weekly earnings, or
$217.50 per week (30× the federal minimum wage of $7.25/hour).
In some cases, the bankruptcy court may allow you to protect more.
Sources: 11 U.S.C. § 522 and Georgia Code §§ 33-29-15, 44-13-100, 18-4-5
Need Help Filing Chapter 7 Bankruptcy in Georgia?
Exemptions are an important part of protecting your property when you file for bankruptcy. If understanding them feels complicated or confusing, help is available.
You can start by taking Upsolve’s quick screener to see if you qualify to use our free filing tool. If you’re eligible, you’ll get step-by-step guidance through the process — including how to claim your exemptions. We’ve already helped over 20,000 people file successfully, and our tool is completely free to use.
If you’d prefer to speak with an experienced bankruptcy attorney, you can set up a free consultation with one near you.
