Georgia Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers or installment payments available for qualifying filers.

Federal filing fee for Chapter 13 bankruptcy.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

You must have been domiciled in Georgia for at least 730 days (2 years) before filing to use Georgia exemptions. Otherwise, your prior state's exemptions may apply.

Protects up to $21,500 in equity in your primary residence per debtor. Married couples filing jointly can protect up to $43,000.

Protects up to $5,000 total in equity in all motor vehicles.

$1,200 can be applied to any property. Additionally, up to $10,000 of unused homestead exemption can be used as a wildcard to protect any other property.

ERISA-qualified retirement accounts (401(k)s, IRAs, pensions) are fully exempt as long as funds remain undistributed.

Georgia has opted out of federal bankruptcy exemptions. Debtors must use Georgia state exemptions.