In general, a debtor may claim exemption of his homestead and nonexempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.
A debtor generally is entitled to exemption from levy and sale by virtue of any legal process any real or personal property, or both, in the amount of $5,000.00. (Section 44-13-1.) If a debtor refuses to apply for exemption under this provision, his spouse, qualified representatives of his minor children or dependents, may make such application and the exemption is binding upon the debtor. (Section 44-13-2.)
For the purposes of bankruptcy, a debtor may elect, in lieu of the exemption provided under Section 44-13-1, the exemption provided under Section 44-13-100 of the Official Code of Georgia. Some of the property which may be exempt include:
the personal and real property used by a debtor or his dependents as a residence or a burial plot, in the aggregate value of $10,000.00,
social security benefits,
unemployment compensation,
local public assistance,
veteran's benefit,
disability benefit,
alimony,
support or separate maintenance to the extent reasonably necessary for the support of the debtor and his dependants,
pension payments,
undistributed interest in retirement plans or pension plan,
Automobiles in the aggregate value of $3,500.00,
household furnishings and goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are primarily for personal family or household use not to exceed $200.00 in value in each item but not to exceed $5,000.00 in aggregate value,
jewelry in the aggregate value of $500.00,
the debtor's aggregate interest, not to exceed $600.00 in value plus any unused amount of the homestead exemption in any property, to a maximum of $5,600,
professional books or tools of the trade in the aggregate value of $1,500.00,
unmatured life insurance contract,
the debtor's aggregate interest in the loan value on any unmatured insurance contract not to exceed $2,000.00,
professional health aids,
an award under a crime victim's reparation law,
payment of not more than $10,000.00 from the recovery for personal injuries excluding pain and suffering or compensation for actual pecuniary loss, and
payment for compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his dependants.
A debtor generally is entitled to exemption from levy and sale by virtue of any legal process any real or personal property, or both, in the amount of $5,000.00. (Section 44-13-1.) If a debtor refuses to apply for exemption under this provision, his spouse, qualified representatives of his minor children or dependents, may make such application and the exemption is binding upon the debtor. (Section 44-13-2.)
For the purposes of bankruptcy, a debtor may elect, in lieu of the exemption provided under Section 44-13-1, the exemption provided under Section 44-13-100 of the Official Code of Georgia. Some of the property which may be exempt include:
the personal and real property used by a debtor or his dependents as a residence or a burial plot, in the aggregate value of $10,000.00,
social security benefits,
unemployment compensation,
local public assistance,
veteran's benefit,
disability benefit,
alimony,
support or separate maintenance to the extent reasonably necessary for the support of the debtor and his dependants,
pension payments,
undistributed interest in retirement plans or pension plan,
Automobiles in the aggregate value of $3,500.00,
household furnishings and goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are primarily for personal family or household use not to exceed $200.00 in value in each item but not to exceed $5,000.00 in aggregate value,
jewelry in the aggregate value of $500.00,
the debtor's aggregate interest, not to exceed $600.00 in value plus any unused amount of the homestead exemption in any property, to a maximum of $5,600,
professional books or tools of the trade in the aggregate value of $1,500.00,
unmatured life insurance contract,
the debtor's aggregate interest in the loan value on any unmatured insurance contract not to exceed $2,000.00,
professional health aids,
an award under a crime victim's reparation law,
payment of not more than $10,000.00 from the recovery for personal injuries excluding pain and suffering or compensation for actual pecuniary loss, and
payment for compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his dependants.
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