Title 44, Chapter 13, Section 100
( 44-13-100)
(a) In lieu of the exemption provided in Code Section 44-13-1, any debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy, the following property: (1) The debtor's aggregate interest, not to exceed $10,000.00 in
value, in real property or personal property that the debtor or a
dependent of the debtor uses as a residence, in a cooperative that
owns property that the debtor or a dependent of the debtor uses as
a residence, or in a burial plot for the debtor or a dependent of
the debtor. In the event title to property used for the exemption
provided under this paragraph is in one of two spouses who is a
debtor, the amount of the exemption hereunder shall be $20,000.00; (2) The debtor's right to receive: (A) A social security benefit, unemployment compensation, or a
local public assistance benefit; (B) A veteran's benefit; (C) A disability, illness, or unemployment benefit; (D) Alimony, support, or separate maintenance, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor; (E) A payment under a pension, annuity, or similar plan or
contract on account of illness, disability, death, age, or
length of service, to the extent reasonably necessary for the
support of the debtor and any dependent of the debtor; and (F) A payment from an individual retirement account within the
meaning of Title 26 U.S.C. Section 408 to the extent reasonably
necessary for the support of the debtor and any dependent of the
debtor; (2.1) The debtor's aggregate interest in any funds or property
held on behalf of the debtor, and not yet distributed to the
debtor, under any retirement or pension plan or system: (A) Which is: (i) maintained for public officers or employees or
both by the State of Georgia or a political subdivision of the
State of Georgia or both; and (ii) financially supported in
whole or in part by public funds of the State of Georgia or a
political subdivision of the State of Georgia or both; (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation; (C) To the extent permitted by the bankruptcy laws of the United
States similar benefits from the private sector of such debtor
shall be entitled to the same treatment as those specified in
subparagraphs (A) and (B) of this paragraph, provided that the exempt or nonexempt status of periodic payments
from such a retirement or pension plan or system shall be as
provided under subparagraph (E) of paragraph (2) of this
subsection; or (D) An individual retirement account within the meaning of Title
26 U.S.C. Section 408; (3) The debtor's interest, not to exceed the total of $3,500.00 in
value, in all motor vehicles; (4) The debtor's interest, not to exceed $300.00 in value in any
particular item, in household furnishings, household goods,
wearing apparel, appliances, books, animals, crops, or musical
instruments that are held primarily for the personal, family, or
household use of the debtor or a dependent of the debtor. The
exemption of the debtor's interest in the items contained in this
paragraph shall not exceed $5,000.00 in total value; (5) The debtor's aggregate interest, not to exceed $500.00 in
value, in jewelry held primarily for the personal, family, or
household use of the debtor or a dependent of the debtor; (6) The debtor's aggregate interest, not to exceed $600.00 in
value plus any unused amount of the exemption, not to exceed
$5,000.00, provided under paragraph (1) of this subsection, in any
property; (7) The debtor's aggregate interest, not to exceed $1,500.00 in
value, in any implements, professional books, or tools of the
trade of the debtor or the trade of a dependent of the debtor; (8) Any unmatured life insurance contract owned by the debtor,
other than a credit life insurance contract; (9) The debtor's aggregate interest, not to exceed $2,000.00 in
value, less any amount of property of the estate transferred in
the manner specified in Section 542(d) of U.S. Code Title 11, in
any accrued dividend or interest under, or loan or cash value of,
any unmatured life insurance contract owned by the debtor under
which the insured is the debtor or an individual of whom the
debtor is a dependent; (10) Professionally prescribed health aids for the debtor or a
dependent of the debtor; and (11) The debtor's right to receive, or property that is traceable
to: (A) An award under a crime victim's reparation law; (B) A payment on account of the wrongful death of an individual
of whom the debtor was a dependent, to the extent reasonably
necessary for the support of the debtor and any dependent of the
debtor; (C) A payment under a life insurance contract that insured the
life of an individual of whom the debtor was a dependent on the
date of such individual's death, to the extent reasonably
necessary for the support of the debtor and any dependent of the
debtor;
(D) A payment, not to exceed $10,000.00, on account of personal
bodily injury, not including pain and suffering or compensation
for actual pecuniary loss, of the debtor or an individual of
whom the debtor is a dependent; or (E) A payment in compensation of loss of future earnings of the
debtor or an individual of whom the debtor is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any dependent of the debtor. (b) Pursuant to 11 U.S.C. Section 522(b)(1), an individual debtor
whose domicile is in Georgia is prohibited from applying or
utilizing 11 U.S.C. Section 522(d) in connection with exempting
property from his or her estate; and such individual debtor may
exempt from property of his or her estate only such property as may
be exempted from the estate pursuant to 11 U.S.C. Section
522(b)(2)(A) and (B). For the purposes of this subsection, an
"individual debtor whose domicile is in Georgia" means an individual
whose domicile has been located in Georgia for the 180 days
immediately preceding the date of the filing of the bankruptcy
petition or for a longer portion of such 180 day period than in any
other place. (c) The exemptions and protections contained in this article are
extended to intestate insolvent estates in all cases where there is
a living widow or child of the intestate. |