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Georgia Bankruptcy Exemptions

Georgia Bankruptcy ExemptionsDid you know that, if you file Chapter 7 bankruptcy in Georgia, most of your personal property is protected by Georgia bankruptcy exemptions? Certain items, such as your home or car, may be considered exempt property—meaning your assigned trustee cannot seize these items. In other words, even if you file Chapter 7 bankruptcy, you may be able to keep your home, vehicle, and other valuable possessions.

If you are a homeowner, you may qualify for the homestead bankruptcy exemption if you currently reside at the property and have $5,000 or less in equity—this means the amount you owe on the home is $5,000 or less than the value of the property. For example, if your home’s value is $200,000 and you have an outstanding mortgage of $195,000, then you have $5,000 in equity and are therefore eligible for the exemption. You may even qualify for an exemption of up to $300 per item for your household furniture.    

You may also be eligible for a motor vehicle bankruptcy exemption. This Georgia bankruptcy exemption protects up to $3,500 of equity for any single vehicle listed in your bankruptcy.

Retirement plans and life insurance proceeds may also be considered exempt property. If you have a 401k, stock sharing, or pension plan, and can prove that the funds you contributed are necessary for the specific type of plan, then those funds are more than likely protected by Georgia bankruptcy exemptions. Likewise, if you are entitled to any life insurance proceeds, up to 100% of the value may be exempt, as long as the funds are necessary to support you or your dependant. 

If you use any specific tools or books for your profession, up to $1,500 of these items are also protected. For instance, if you are a freelance writer, your computer may be considered a “tool of the trade” and can therefore not be seized or used to repay any of your debts.

Finally, 100% of the wages you receive from a worker’s compensation claim are protected by Georgia bankruptcy exemptions.  

It is always a good idea to speak with an attorney who is familiar with Georgia bankruptcy exemptions before you decide to file bankruptcy. An experienced bankruptcy attorney will help ensure that your personal property is protected and make sure Georgia’s bankruptcy laws are applied fairly to your case.
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