Bankruptcy in Georgia

In Georgia you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $50,000 of your interest in real or personal property that you or a dependent use as a residence, or in a burial plot.

You file in one of 3 federal bankruptcy courts:

What can I keep?Do I pass the means test?Where do I file?Free help

Checked against official sources: October 25, 2026. · Free letter and checklist ↓

What you can keep in Georgia

Exemptions are the property the law lets you keep. You use the Georgia list. The federal list is not available in Georgia.

Law: O.C.G.A. § 44-13-100(b)

WhatGeorgia exemption
Home (homestead)

$50,000 of your interest in real or personal property that you or a dependent use as a residence (including a co-op or mobile home), or in a burial plot

The $50,000 is per debtor. It is $100,000 when the home is titled in only one of two spouses, that spouse is the debtor, and the home is the primary residence of both spouses. Starting July 1, 2031, both amounts will be adjusted each year for inflation, using a rate set by the state revenue commissioner. Any unused homestead amount (up to $10,000) can be added to the wildcard.

Law: O.C.G.A. § 44-13-100(a)(1)(A)-(B), as amended by H.B. 1024 (2026)

Car or other vehicle

$5,000 total in all motor vehicles (per debtor)

Law: O.C.G.A. § 44-13-100(a)(3)

Household goods and clothing

Household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments for personal or family use: up to $300 per item and $5,000 total. Jewelry up to $500 total. Prescribed health aids (no limit).

Law: O.C.G.A. § 44-13-100(a)(4), (5), (10)

Wildcard (any property)

$1,200 in any property, plus up to $10,000 of any unused homestead exemption

Law: O.C.G.A. § 44-13-100(a)(6)

Tools of your trade

$1,500 in implements, professional books or tools of your trade (or a dependent's trade)

Law: O.C.G.A. § 44-13-100(a)(7)

Retirement accounts

IRAs and money not yet paid out of public-employee retirement plans, qualifying nonprofit plans and similar private plans are exempt. Payments you receive from pensions, annuities and IRAs are exempt to the extent reasonably necessary to support you and your dependents. Health savings and medical savings accounts are exempt.

Law: O.C.G.A. § 44-13-100(a)(2)(E)-(G), (2.1)

Public benefits

Your right to receive Social Security, unemployment compensation, local public assistance, veterans' benefits, and disability or illness benefits is exempt.

Law: O.C.G.A. § 44-13-100(a)(2)(A)-(C)

Other exemptions
  • Alimony and child support you receive, to the extent reasonably necessary to support you and your dependents.
  • Any unmatured life insurance policy you own (not credit life), plus up to $2,000 in its cash value, loan value or accrued dividends.
  • Personal-injury payments up to $10,000 (not pain and suffering or actual money losses), crime-victim awards, and wrongful-death, life-insurance and lost-earnings payments reasonably necessary for support.

Law: O.C.G.A. § 44-13-100(a)(2)(D); O.C.G.A. § 44-13-100(a)(8), (9); O.C.G.A. § 44-13-100(a)(11)

Amounts: Homestead $50,000 / $100,000 effective July 1, 2026 (H.B. 1024, 2026 session, signed by Governor Kemp; listed on the Governor's 2026 signed-legislation page; announced by the U.S. Bankruptcy Court for the Middle District of Georgia on June 12, 2026). Other amounts are unchanged; they match the current text of § 44-13-100 as reprinted by the General Assembly in S.B. 87 (2025, LC 49 2127).

The means test in Georgia: first step

Official Form 122A-1 compares your household's yearly income with the median income in Georgia. Here are the official medians:

  • 1 person$68,478
  • 2 people$84,965
  • 3 people$101,479
  • 4 people$123,481
  • Each extra person+$11,100

Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4

The numbers are worked out in your browser. Nothing you enter here is saved or sent.

Before taxes. Add up all income for the last 6 months and divide by 6.

Enter your household size and income

Where to file in Georgia

You file in the district where you lived (your domicile) for most of the last 180 days. Georgia has three districts. Find your division by county: Northern District division pages at https://www.ganb.uscourts.gov/court/locations, Middle District county list at https://www.gamb.uscourts.gov/USCourts/counties, Southern District map on https://www.gasb.uscourts.gov/.

Law: 28 U.S.C. 1408

U.S. Bankruptcy Court for the Northern District of Georgia

Divisions: Atlanta, Gainesville, Newnan, Rome

Clerk's phone: (404) 215-1000

Court's self-help page

U.S. Bankruptcy Court for the Middle District of Georgia

Divisions: Filing locations: Macon, Albany, Athens, Columbus, Valdosta

Clerk's phone: Macon 478-752-3506; Columbus 706-649-7837

Court's self-help page

U.S. Bankruptcy Court for the Southern District of Georgia

Divisions: Augusta, Brunswick, Dublin, Savannah, Statesboro, Waycross

Clerk's phone: Augusta (706) 823-6000; Savannah (912) 650-4100; Brunswick (912) 280-1376

Court's self-help page

Free help in Georgia

Free letter and checklist

Letter: tell a creditor you filed bankruptcy

Notice to a creditor or debt collector with your case number, court, filing date and chapter.

Checklist: what to gather before you file

Income, tax returns, debts, property and budget papers the federal forms ask about, with Georgia's courts.

Bankruptcy in Georgia by topic

Exemptions in Georgia

Home, car, household goods, wildcard and more, with the law for each.

The means test in Georgia

The official median income and the first-step check.

Where to file in Georgia

The bankruptcy courts, divisions, fees and the 341 meeting.

Good to know in Georgia

  • Georgia's homestead exemption more than doubled on July 1, 2026: $21,500 became $50,000, and $43,000 became $100,000. Cases filed before that date use the old amounts.

    Law: (H.B. 1024 (2026); M.D. Ga. court announcement of June 12, 2026)

  • Georgia does not allow the federal exemption list. You must use Georgia's list in O.C.G.A. § 44-13-100.

    Law: O.C.G.A. § 44-13-100(b)

  • After your case closes, you can file an affidavit with the clerk where a judgment lien is recorded, with your discharge and lien-avoidance order, to cancel that judgment lien on exempt property.

    Law: O.C.G.A. § 44-13-100(d)

Changes in 2024–2026

July 1, 2026: homestead exemption raised from $21,500 to $50,000, and from $43,000 to $100,000 when the home is titled in one spouse who is the debtor and is the primary residence of both spouses (the 'primary residence of both spouses' condition is also new). Annual inflation adjustments begin July 1, 2031.

Law: H.B. 1024, 2026

Questions about bankruptcy in Georgia

Can I use the federal bankruptcy exemptions in Georgia?

No. Georgia requires you to use the state exemptions.

What is the homestead exemption in Georgia?

$50,000 of your interest in real or personal property that you or a dependent use as a residence (including a co-op or mobile home), or in a burial plot

How much of a car can I keep in bankruptcy in Georgia?

$5,000 total in all motor vehicles (per debtor)

Does Georgia have a wildcard exemption?

$1,200 in any property, plus up to $10,000 of any unused homestead exemption

What household goods can I keep in Georgia?

Household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments for personal or family use: up to $300 per item and $5,000 total. Jewelry up to $500 total. Prescribed health aids (no limit).

Are retirement accounts protected in bankruptcy in Georgia?

IRAs and money not yet paid out of public-employee retirement plans, qualifying nonprofit plans and similar private plans are exempt. Payments you receive from pensions, annuities and IRAs are exempt to the extent reasonably necessary to support you and your dependents. Health savings and medical savings accounts are exempt.

Where do I file bankruptcy in Georgia?

You file in the district where you lived (your domicile) for most of the last 180 days. Georgia has three districts. Find your division by county: Northern District division pages at https://www.ganb.uscourts.gov/court/locations, Middle District county list at https://www.gamb.uscourts.gov/USCourts/counties, Southern District map on https://www.gasb.uscourts.gov/.

What is the median income for the means test in Georgia?

For cases filed on or after April 1, 2026: 1 person: $68,478; 2 people: $84,965; 3 people: $101,479; 4 people: $123,481; Each extra person: +$11,100.

Where can I get free help with bankruptcy in Georgia?

Atlanta Legal Aid Society (metro Atlanta), Georgia Legal Services Program (outside metro Atlanta) and GeorgiaLegalAid.org (statewide legal information and help finder).