What is Georgia's law on motor vehicle exemption?

Protects up to $5,000 total in equity in all motor vehicles. (O.C.G.A. § 44-13-100(a)(3))

Georgia law

Bankruptcy Laws in Georgia.

Bankruptcy is governed by federal law, but Georgia determines which property exemptions apply. Georgia has opted out of federal bankruptcy exemptions — debtors must use Georgia state exemptions. The homestead exemption is $21,500 per debtor ($43,000 for a married couple filing jointly). Up to $10,000 of unused homestead exemption can be applied as a wildcard to protect any other property.

Last verified: 2026-02-25

State law

Filing Requirements

Chapter 7 Filing Fee$338

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

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

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

Domicile Requirement

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.

State law

Key Georgia Statutes

Homestead ExemptionO.C.G.A. § 44-13-100(a)(1)

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

Motor Vehicle ExemptionO.C.G.A. § 44-13-100(a)(3)

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

Wildcard ExemptionO.C.G.A. § 44-13-100(a)(6)

$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.

Retirement Account ExemptionsO.C.G.A. § 44-13-100(a)(2.1)

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

No Federal Exemption OptionO.C.G.A. § 44-13-100

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

State law

Official Sources

Georgia General Assembly — Official Code U.S. Bankruptcy Court — Northern District of Georgia

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Georgia.

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