Skip to content

Ginsberg Law Offices

Experienced, Compassionate, Professional

  • Home
  • Our Practice Areas
    • Work Injuries
    • Personal Bankruptcy
    • Social Security Disability
  • Video Library
  • About Us
  • Contact
    • Directions
You are here: Home / Our Practice Areas / Personal Bankruptcy / Will I Lose my Property if I File for Bankruptcy?

Will I Lose my Property if I File for Bankruptcy?

Most people who file for either Chapter 7 or Chapter 13 bankruptcy in the Atlanta filing district will not lose anything. You will not have to give up any of your personal property, nor will you have to surrender real estate.

If your property is secured by a debt (like a mortgage or car loan) you may choose to give back the house or car to eliminate the payment obligation. This is a choice you can make prior to filing after consulting with your lawyer.

The reason you are very unlikely to lose any property when filing bankruptcy has to do with a special state law called the Georgia exemption statute. Even though your bankruptcy case will be filed in federal court, Georgia law controls what you can protect from claims of creditors or the bankruptcy trustee.

The Georgia exemption law does not protect an unlimited amount of property but for the vast majority of bankruptcy filers, all of your property will be protected. Your lawyer can provide specific exemption planning guidance based on your specific situation.

Some of the highlights of the Georgia exemption statute include:

  • protection of up to $21,500 of equity in real estate (doubled to $43,000 if you file with your spouse)
  • protection of up to $10,000 of equity in a car or truck (doubled to $20,000 if you file with your spouse)
  • protection of up to $5,000 of household goods (doubled to $10,000 if you file with your spouse)
  • protection of up to $500 of jewelry (doubled to $1,000 if you file jointly with your spouse)
  • 100% protection of your IRA or 401(k) or company pension
  • $1,500 protection plus up to $10,000 of unused real estate exemption for cash or any property. This “wildcard” exemption can be added to any other listed exemption (this is also doubled if you file jointly with your spouse).

The law contains several other categories of exemptions. You can view the exemption statute directly by clicking here. This version of the exemption statute is valid as of 2018- the Georgia legislature changes the numbers periodically so never rely on what you read on the Internet. In researching this article I noted numerous websites that referenced prior versions of the Georgia exemption statute with incorrect (and less favorable) exemption numbers.

You would be wise to consult with an experienced Georgia based bankruptcy law firm like Ginsberg Law Offices to learn more about how the Georgia exemption law applies to you. Every state has its own exemption rules so web sites published by out of state lawyer will not be valid for you. Further, as noted above, many local and national bankruptcy information sites contain outdated and incorrect information about exemptions available to Georgia residents.

If we can answer your questions about any aspect of personal bankruptcy law, please do not hesitate to reach out to use by phone or email.

Learn More:

Can I Wipe Out the Debt But Keep the Property?

How do I Determine the Fair Market Value of my Home?

  • Home
  • Our Practice Areas
    • Work Injuries
    • Personal Bankruptcy
    • Social Security Disability
  • Video Library
  • About Us
  • Contact
    • Directions

Visit our YouTube Channel

Legal & Policies  Privacy

Attorney Reviews

9.6Jonathan C. Ginsberg Jonathan C. GinsbergClients’ ChoiceAward 2018 Jodi Brenner GinsbergReviewsout of 23 reviews Jodi Brenner GinsbergClients’ ChoiceAward 2016

Visit us on Facebook

Ginsberg Law Offices

19 hours ago

Ginsberg Law Offices
PPD Rating Too Low? What Can You Do? #ppdrating #permanentpartialdisability #georgiaworkerscompensation #georgiaworkinjury ... See MoreSee Less

PPD Rating Too Low? What Can You Do?

ed.gr

PPD ratings are based on the American Medical Association Guidelines for the Evaluation of Permanent Impairment. Many of the factors that make up a PPD rati...

Video

View on Facebook
· Share

Share on Facebook Share on Twitter Share on Linked In Share by Email

Ginsberg Law Offices

2 days ago

Ginsberg Law Offices
Winning Strategies for Knee Injury Claims Under Georgia Workers' Compensation Law ... See MoreSee Less

Winning Strategies for Knee Injury Claims Under Georgia Workers' Compensation Law

ed.gr

Have you injured your knee at work and getting confusing calls from your employer’s HR manager or a workers’ compensation insurance company?Knee injuries can...

Video

View on Facebook
· Share

Share on Facebook Share on Twitter Share on Linked In Share by Email

  • Home
  • Our Practice Areas
  • Video Library
  • About Us
  • Contact

Copyright © 2026 · Education Pro on Genesis Framework · WordPress · Log in