Georgia

From Bankruptcy Forum

Georgia Bankruptcy Exemptions

Homestead

44-13-100 - Real or personal property, including co-op, used as a residence, up to $10,000 (up to $20,000 if married whether the spouse is filing or not). Unused portion up to $5,000 may be applied to any other property.

Personal Property

44-13-100 - Motor vehicles up to $3,500; clothing, household goods, appliances, furnishings, books, musical instruments, animals, and crops up to $300 per item and $5,000 total; jewelry up to $500; health aids; lost future earnings recoveries needed for support up to $7,500; personal injury recoveries up to $10,000; wrongful death recoveries needed for support; burial plot in lieu of homestead. Also, any property up to $600 plus any unused homestead amount up to $5,000.

Wages

18-4-20 - For private and federal workers, either 40 times the state or federal hourly minimum wage or a minimum 75% of earned but unpaid earnings; whichever amount is greater. The judge may authorize more for low-income debtors.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional IRAs and Roth IRAs up to $1,095,000 per person.

18-4-22 - ERISA-IRAs and qualified benefits.

44-13-100 - Nonprofit corporations' employees; public employees; other pensions and IRA payments needed for support.

Public Benefits

34-9-84 - Workers' compensation.

44-13-100 - Unemployment compensation, Veterans' benefits, social security, crime victims' compensation, and local public assistance.

49-4-35 - Old age assistance.

49-4-58 - Aid to blind.

49-4-84 - Aid to disabled.

Tools of Trade

44-13-100 - Tools, books, and implements of trade up to $1,500.

Alimony and Child Support

44-13-100 - Alimony and child support needed for support.

Insurance

33-15-62 - Fraternal benefit society benefits.

33-26-5 - Life insurance proceeds and availables.

33-28-7 - Annuity and endowment contract benefits.

33-29-15 - Disability or health benefits up to $250 per month.

33-30-10 - Group insurance.

44-13-100 - Unmatured life insurance contract; unmatured life insurance dividends, interest, loan value or cash value up to $2,000 if you or someone you depend on is beneficiary; life insurance proceeds if policy is owned by someone you depend on and is needed for support.