What are the Georgia Bankruptcy Exemptions?

Georgia law protects all or a portion of your property from being seized by creditors or the bankruptcy trustee in a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you are generally allowed to keep all of your assets and property. Certain exceptions may apply, so it’s wise to consult with a Georgia bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in Georgia. In general, the major Georgia bankruptcy exemptions include:

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Please remember that this page provides general information only, and is not intended to provide legal advice. The information is not a substitute for the advice of a qualified bankruptcy attorney. If you need legal assistance, consult an attorney.

Which state’s exemption laws apply in your bankruptcy?

Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy.

If you have not lived in the same state for the 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.

If application of the preceding general rules renders you ineligible for exemptions under any state’s laws, you may be allowed to choose the federal exemptions applicable in your bankruptcy.

Is Georgia a community property state?

No, Georgia is not a community property state. Because it is not a community property state, you will be responsible for your spouse’s debts only if you voluntarily assumed those debts by, for example, co-signing on a loan given to your spouse. In a non-community property state, one spouse can file for bankruptcy and be eligible to eliminate all of their unsecured debts without the involvement of the other spouse.

How did your senator vote on the new bankruptcy laws?

Following years of intense lobbying by creditors, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). How did your Senators vote on these largely pro-creditor provisions?

Chambliss (R-GA) — YEA
Isakson (R-GA) — YEA

Georgia Bankruptcy Court Locations:

United States Bankruptcy Court
433 Cherry Street
P.O. Box 1957
Macon, GA 31202
(478) 752-3506

United States Bankruptcy Court
901 Front Avenue
One Arsenal Place
P.O. Box 2147
Columbus, GA 31902
(706) 649-7837

75 Spring Street South West
Atlanta, Georgia 30303
Clerk’s Office:
Room 1340
(404)215.1000

18 Greenville Street
Newnan, Georgia 30263
Clerk’s Office Second Floor
(678)423.3000

600 East First Street
Rome, Georgia 30161-3187
Clerk’s Office Room 339
(706)378.4000

121 Spring Street South East
Gainesville, Georgia 30501
Clerk’s Office Room 120
(678)450.2700

US Bankruptcy Court Clerk
933 Broad St
Augusta, GA 30901
(706) 724-2421

United States Bankruptcy Court
Southern District of Georgia
801 Gloucester Street
Brunswick, Georgia 31520

US Bankruptcy Court Clerk
125 Bull St # Fr2
Savannah, GA 31401
(912) 650-4100

Note: You may not have to actually go to one of the above bankruptcy courts. Trustees often conduct your meeting at a local venue.

Although bankruptcy is federal law, the bankruptcy courts in each jurisdiction have local rules that must be followed. A local bankruptcy attorney will be familiar with the specific rules in your area.

Georgia Bankruptcy Attorney Locations: