Chapter 7 Bankruptcy Lawsuit in Georgia

Georgia Chapter 7 Exemptions

Georgia is an opt-out state, so a Georgia debtor may not elect the federal Section 522(d) exemptions and must use the Georgia state set (O.C.G.A. Section 44-13-100). (Source: Nolo, Georgia Bankruptcy Exemptions.)

Homestead, Vehicle, and Wildcard

Georgia's homestead exemption is $21,500 individual / $43,000 joint under O.C.G.A. Section 44-13-100(a)(1). A motor vehicle is protected up to $5,000 under O.C.G.A. Section 44-13-100(a)(3). The wildcard is $1,200 plus up to $10,000 of any unused homestead under O.C.G.A. Section 44-13-100(a)(6). (Source: Nolo, Georgia Bankruptcy Exemptions.)

Pending increase: under HB 1024, the Georgia homestead exemption is scheduled to rise to $50,000 individual / $100,000 joint effective July 1, 2026. For cases filed before that date, the $21,500 / $43,000 figures apply. (Source: Nolo, Georgia Bankruptcy Exemptions.)

Means Test: Georgia Median Income

The Chapter 7 means test compares a debtor's six-month average gross income to the state median family income for the household size. For Georgia, the U.S. Trustee median family income for a household of four is $123,481 (U.S. Trustee median family income, eff. April 1, 2026; smaller households use lower figures). Below-median filers are generally not presumed to be abusing Chapter 7; above-median filers complete Form 122A-2. (Source: U.S. Trustee Program, justice.gov/ust.)

Which State's Exemptions Apply

Under the 730-day domicile rule (11 U.S.C. Section 522(b)(3)), a debtor must have been domiciled in Georgia for the 730 days before filing to use Georgia's exemptions; otherwise an earlier state's set or the federal exemptions may apply.

To compare your six-month income against the Georgia median, use the Chapter 7 means test calculator at /tools/chapter-7-means-test-calculator. To estimate what property Georgia exemptions might protect, use the bankruptcy exemption estimator at /tools/bankruptcy-exemption-estimator.

Exemption amounts change — verify current figures with an attorney. People's Justice is not a law firm and does not provide legal advice; we connect you with licensed attorneys, and we are not a government agency.