Filing Chapter 7 Bankruptcy in Georgia (2026)
Reviewed by DocDraft Legal Team · Georgia · Last updated August 18, 2026
Chapter 7 bankruptcy is federal law, but the property you keep is set by Georgia. Georgia is an opt-out state: under OCGA 44-13-100(b) you must use Georgia's exemptions and cannot choose the federal 11 U.S.C. 522(d) list. There is a single Georgia exemption set, so there is no federal-versus-state election to make. This page explains Georgia's homestead exemption under OCGA 44-13-100(a)(1), which House Bill 1024 raised to $50,000 for cases filed on or after July 1, 2026, along with the vehicle and wildcard figures, the means-test median income, and the three federal bankruptcy courts where Georgians file. Chapter 7 discharges most unsecured debt but not most student loans, recent taxes, or child and spousal support.
Does Georgia use state or federal bankruptcy exemptions?
Georgia is an opt-out state. Under OCGA 44-13-100(b), a debtor filing in Georgia must use the Georgia exemptions and cannot elect the federal 11 U.S.C. 522(d) list. Georgia has a single state exemption set, so unlike some states there is no federal-versus-state choice to weigh; you apply the Georgia figures.
Can I keep my house if I file Chapter 7 in Georgia?
Often yes. Under OCGA 44-13-100(a)(1), House Bill 1024 raised Georgia's homestead exemption to $50,000 for a single filer and $100,000 where a home titled in one spouse is protected by a married couple, effective for cases filed on or after July 1, 2026. If your home equity fits within that amount, Chapter 7 generally lets you keep the house.
Can I keep my car if I file Chapter 7 in Georgia?
Usually yes if your equity is modest. Georgia exempts up to $5,000 of motor vehicle equity under OCGA 44-13-100(a)(3). If your car equity is at or below that figure, the vehicle is protected. You can also add the $1,200 wildcard and any unused homestead up to $10,000 under 44-13-100(a)(6) to cover a bit more equity.
What is the income limit to file Chapter 7 in Georgia?
For cases filed on or after July 15, 2026, the U.S. Trustee median income figures for Georgia are $68,478 for one earner, $84,965 for two, $101,479 for three, and $123,481 for four, adding $11,100 per additional person. At or below your household figure, you pass the first part of the means test.
Georgia's Opt-Out Rule, the Newly Raised OCGA 44-13-100 Homestead, and Where Georgians File
Georgia is a bankruptcy opt-out state. Under OCGA 44-13-100(b), a debtor filing in Georgia must use the Georgia exemptions in OCGA 44-13-100(a) and cannot choose the federal 11 U.S.C. 522(d) set. There is only one Georgia exemption system, so there is no federal-versus-state election to make. The headline change for 2026 is the homestead: House Bill 1024 amended OCGA 44-13-100(a)(1) to raise the residence exemption from $21,500 to $50,000 for a single filer, and from $43,000 to $100,000 where a home titled in one of two spouses is protected, effective for cases filed on or after July 1, 2026, with annual inflation adjustments beginning July 1, 2031. Georgia exempts up to $5,000 of motor vehicle equity under OCGA 44-13-100(a)(3). Its wildcard under OCGA 44-13-100(a)(6) is $1,200 in any property plus up to $10,000 of any unused homestead amount, which lets renters and low-equity homeowners protect cash and other assets. Georgians file in one of three federal bankruptcy courts: the U.S. Bankruptcy Court for the Northern, Middle, or Southern District of Georgia, based on where they have lived for most of the prior 180 days.
Relevant Laws
Georgia Homestead Exemption (OCGA 44-13-100(a)(1))
Exempts the debtor's aggregate interest in real or personal property used as a residence. House Bill 1024 raised this exemption to $50,000 for a single filer and $100,000 where a home titled in one of two spouses is protected, for cases filed on or after July 1, 2026, with inflation adjustments starting July 1, 2031. This is the exemption that lets many Georgia homeowners keep their house in Chapter 7.
Georgia Opt-Out from the Federal Exemptions (OCGA 44-13-100(b))
Georgia's opt-out provision. It bars a bankruptcy debtor domiciled in Georgia from using the federal 11 U.S.C. 522(d) exemptions and limits Georgia filers to the single state exemption set in OCGA 44-13-100(a). The U.S. Bankruptcy Court for the Northern District of Georgia confirms debtors cannot use the section 522(d) federal exemptions.
Georgia Motor Vehicle and Wildcard Exemptions (OCGA 44-13-100(a)(3), (a)(6))
Subsection (a)(3) exempts up to $5,000 of equity in motor vehicles. Subsection (a)(6) provides a $1,200 wildcard in any property plus up to $10,000 of any unused homestead amount from paragraph (1), which many low-equity filers use to protect cash and other assets.
Federal Bankruptcy Code Exemptions and Means Test (11 U.S.C. 522, 707)
The federal law behind Chapter 7. Section 522(b)(2) lets a state opt out of the federal 522(d) exemptions, which Georgia has done, and section 707(b) sets the means test measured against state median income.
Regional Variances
Georgia Chapter 7 Exemption Table
Homestead
OCGA 44-13-100(a)(1): $50,000 of equity in real or personal property used as a residence for a single filer, or $100,000 where a home titled in one of two spouses is protected by a married couple, for cases filed on or after July 1, 2026 under House Bill 1024. Inflation adjustments begin July 1, 2031.
Motor vehicle
OCGA 44-13-100(a)(3): up to $5,000 of equity in motor vehicles. Equity above that figure may be reachable by the trustee unless covered by the wildcard exemption.
Wildcard
OCGA 44-13-100(a)(6): $1,200 in any property, plus up to $10,000 of any unused portion of the homestead exemption in paragraph (1). This portable amount lets renters and low-equity homeowners protect cash, bank accounts, or other property.
Personal property
OCGA 44-13-100(a)(4): household furnishings, goods, wearing apparel, appliances, books, animals, crops, and musical instruments held for personal, family, or household use, capped at $300 per item and $5,000 in aggregate. OCGA 44-13-100(a)(5) exempts up to $500 in jewelry.
Wages
Under OCGA 18-4-5, garnishment of disposable earnings is capped at the lesser of 25 percent of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Earnings protected from garnishment are correspondingly shielded when the wages are paid.
Retirement and tools of trade
OCGA 44-13-100(a)(2): payments under pension, annuity, and retirement plans, and IRAs under 26 U.S.C. 408, are exempt to the extent reasonably necessary to support the debtor and dependents. OCGA 44-13-100(a)(7) exempts up to $1,500 in implements, professional books, or tools of the debtor's trade.
Suggested Compliance Checklist
Confirm the current Georgia means-test median income
Before you file days after startingCheck your household size against the U.S. Trustee Georgia median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $68,478 for one, $84,965 for two, $101,479 for three, and $123,481 for four, adding $11,100 per additional person.
Complete the pre-filing credit counseling course
Within 180 days before filing days after startingTake an approved credit counseling course from a provider authorized for your Georgia district and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed.
Value your assets against the Georgia exemptions
Before preparing your schedules days after startingGeorgia is opt-out with a single exemption set, so value your home, vehicle, and personal property and match them to OCGA 44-13-100: the $50,000 homestead in (a)(1), the $5,000 vehicle in (a)(3), and the $1,200 wildcard plus up to $10,000 unused homestead in (a)(6). Confirm the July 1, 2026 homestead amount applies to your filing date.
Prepare and file your petition and schedules
Filing day days after startingFile your petition, schedules, and exemption claims in the correct court: the U.S. Bankruptcy Court for the Northern, Middle, or Southern District of Georgia, based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment.
Attend the 341 meeting and finish the debtor education course
Before discharge days after startingAttend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the current Georgia means-test median income | Check your household size against the U.S. Trustee Georgia median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $68,478 for one, $84,965 for two, $101,479 for three, and $123,481 for four, adding $11,100 per additional person. | - | Before you file |
| Complete the pre-filing credit counseling course | Take an approved credit counseling course from a provider authorized for your Georgia district and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed. | - | Within 180 days before filing |
| Value your assets against the Georgia exemptions | Georgia is opt-out with a single exemption set, so value your home, vehicle, and personal property and match them to OCGA 44-13-100: the $50,000 homestead in (a)(1), the $5,000 vehicle in (a)(3), and the $1,200 wildcard plus up to $10,000 unused homestead in (a)(6). Confirm the July 1, 2026 homestead amount applies to your filing date. | - | Before preparing your schedules |
| Prepare and file your petition and schedules | File your petition, schedules, and exemption claims in the correct court: the U.S. Bankruptcy Court for the Northern, Middle, or Southern District of Georgia, based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment. | - | Filing day |
| Attend the 341 meeting and finish the debtor education course | Attend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions. | - | Before discharge |
Frequently Asked Questions
Yes. Under OCGA 44-13-100(b), a debtor filing bankruptcy in Georgia must use the Georgia exemptions in subsection (a) and cannot elect the federal 11 U.S.C. 522(d) set. Georgia has a single state exemption system, so there is no federal-versus-state choice; every Georgia filer applies the same OCGA 44-13-100 figures.
Under OCGA 44-13-100(a)(1), as amended by House Bill 1024, the Georgia homestead exemption is $50,000 for a single filer and $100,000 where a home titled in one of two spouses is protected by a married couple, for cases filed on or after July 1, 2026. This replaced the prior $21,500 and $43,000 figures. Beginning July 1, 2031, the amounts adjust annually for inflation.
Under OCGA 44-13-100(a)(6), the Georgia wildcard exemption is $1,200 in any property, plus up to $10,000 of any unused portion of the homestead exemption under 44-13-100(a)(1). A renter or low-equity homeowner who does not need the full homestead can apply that unused amount to protect cash, a bank account, or other property the specific exemptions do not cover.
No. Chapter 7 discharges most unsecured debt like credit cards and medical bills, but it does not erase most student loans, recent income taxes, child support, or spousal support, and it will not discharge debts from fraud. Secured debts like a car loan remain unless you surrender the collateral or reaffirm the loan.
You file in the federal bankruptcy court for your area: the U.S. Bankruptcy Court for the Northern, Middle, or Southern District of Georgia. The Northern District includes metro Atlanta, the Middle District covers Macon, Columbus, Albany, and Valdosta, and the Southern District covers Savannah, Augusta, and Brunswick. You file where you have lived for most of the prior 180 days.
Other Georgia guides
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