Georgia Bankruptcy Exemptions: 2026 Homestead, Vehicle, and Wildcard Amounts

For Georgia bankruptcy petitions filed on or after July 1, 2026, the homestead exemption is $50,000 for an individual and $100,000 for married debtors filing jointly. For petitions filed before July 1, 2026, the prior amounts were $21,500 and $43,000. Annual inflation adjustments begin July 1, 2031.

Georgia has opted out of the federal exemption schedule in 11 U.S.C. § 522(d). Federal domicile rules still determine whether Georgia's exemption system applies to a particular filing.

Georgia Exemption Amounts to Check First

Category	Current Georgia reference point	Source
Homestead	$50,000 individual / $100,000 married filing jointly for petitions filed on or after July 1, 2026	O.C.G.A. § 44-13-100(a)(1), as amended by HB 1024
Motor vehicles	$5,000 aggregate interest in all motor vehicles per debtor	O.C.G.A. § 44-13-100(a)(3)
Wildcard	$1,200 in any property, plus up to $10,000 of unused homestead allowance	O.C.G.A. § 44-13-100(a)(6)
Federal § 522(d) schedule	Not available when Georgia's opt-out applies	O.C.G.A. § 44-13-100(b)

The Georgia bankruptcy court's homestead increase announcement confirms the July 1, 2026 effective date, the new individual and joint amounts, and the 2031 start of annual inflation adjustments. The amended text of HB 1024 contains the enacted change. The current codified structure of O.C.G.A. § 44-13-100 provides the remaining categories and opt-out provision.

Why the Filing Date Matters

The 2026 amendment created two homestead tiers. A petition filed June 30, 2026 and one filed July 1, 2026 do not start with the same Georgia amount. That makes the petition date a required input, not a footnote.

The listed amount also does not answer how much equity is protected. Market value, valid liens, title, ownership share, joint filing, and any applicable federal limit can change the analysis.

Other Georgia Exemption Categories

O.C.G.A. § 44-13-100 also addresses household goods, jewelry, tools of trade, benefits, retirement interests, support, personal-injury recoveries, and other property. Each category has its own scope, amount, and conditions. Exemptions are claimed on Schedule C, and a valid lien ordinarily remains unless a separate Bankruptcy Code procedure applies.

Common Questions

What is the Georgia homestead exemption for a bankruptcy filed after July 1, 2026? The starting statutory amount is $50,000 for an individual and $100,000 for married debtors filing jointly, subject to the statute, federal domicile rules, ownership facts, liens, and any applicable federal limitation.

Can a Georgia debtor choose the federal bankruptcy exemptions? Georgia has enacted an opt-out provision in O.C.G.A. § 44-13-100(b). When Georgia law is the applicable exemption law, the ordinary federal § 522(d) schedule is not available.

How much is the Georgia motor-vehicle exemption? O.C.G.A. § 44-13-100(a)(3) provides a $5,000 aggregate exemption in the debtor's interest in all motor vehicles.

Does Georgia have a wildcard exemption? O.C.G.A. § 44-13-100(a)(6) provides $1,200 in any property and permits use of up to $10,000 of unused homestead allowance, subject to the statute and the facts of the filing.

Official and Source Materials

This page reports source-linked reference points. It does not determine which law applies, calculate protected equity, select a filing position, address every exception, or provide legal advice.