Georgia Bankruptcy Means Test Income Thresholds (2026)
Georgia has become one of the most active bankruptcy filing states in the nation. If you're considering bankruptcy in Georgia, understanding your state's means test thresholds is essential. Georgia does not allow filers to choose federal exemptions, meaning you must work within Georgia's state exemption limits.
The means test determines whether you qualify for Chapter 7 bankruptcy. If your income falls below the median income threshold for your household size, you automatically pass. If it exceeds the threshold, a more detailed calculation determines disposable income and potential Chapter 13 eligibility.
| Household Size | Northern District | Middle District | Southern District |
|---|---|---|---|
| 1 person | $58,158 | $56,892 | $57,624 |
| 2 people | $73,962 | $72,456 | $73,200 |
| 3 people | $85,476 | $83,856 | $84,636 |
| 4 people | $102,384 | $100,452 | $101,412 |
These thresholds vary slightly by district because different areas of Georgia have different median family incomes. If your household income is below these numbers, you likely qualify for Chapter 7, where most unsecured debts are discharged. If you exceed these thresholds, you may still file for Chapter 7, but you'll need to pass the full means test calculation.
These figures are current as of March 2026 and update every 6 months. Filing with outdated thresholds can delay your case.
Georgia Bankruptcy Exemptions
Georgia filers must use Georgia state exemptions—you cannot choose federal exemptions. Understanding your state's protection limits is critical, as Georgia's exemptions are moderate compared to other states, particularly on homestead and vehicle protection.
| Asset Type | Exemption Amount | Notes |
|---|---|---|
| Primary Residence | $21,500 per person | $43,000 if married filing jointly. Does not cover vacation homes or investment property. |
| Motor Vehicle | $5,000 per vehicle | One vehicle per person. Covers cars, trucks, motorcycles. Must be personal transportation. |
| Personal Property | $5,000 per person | Covers household furnishings, clothing, jewelry, electronics. Cannot exceed $300 per item unless related to trade. |
| Wildcard Exemption | $600 + unused homestead | Can be applied to any property. Unused homestead exemption can be added to wildcard. |
| Retirement Accounts | Fully exempt | IRAs, 401(k)s, pensions, and other ERISA-qualified plans are completely protected. |
| Wages | 75% of disposable earnings | Or 30 times federal minimum wage per week, whichever is greater. Protects working filers. |
| Tools of Trade | $1,500 | Covers equipment necessary for your profession. Must be used in your occupation. |
Understanding Georgia's Homestead Exemption
Georgia's homestead exemption of $21,500 per person is lower than many neighboring states. If you own a home valued at $250,000 and owe $150,000 on the mortgage, you can protect only $21,500 of the equity. The remaining equity could be vulnerable in Chapter 7, though your trustee may not take action if the property is modest or jointly owned. In Chapter 13, you can keep your home through a repayment plan.
Georgia Bankruptcy Courts and Districts
Georgia is divided into three bankruptcy districts, each covering different regions. Where you file depends on your residency, and each district has distinct characteristics regarding case processing.
Northern District of Georgia
Covers Atlanta, North Georgia, and surrounding metro Atlanta counties. Main court locations: Atlanta, Gainesville. This district handles the highest volume of bankruptcy cases in Georgia, with over 8,000 filings annually. The Atlanta market's high cost of living drives consistent bankruptcy filings. Cases move quickly despite volume, though hearings can be scheduled several months out.
Middle District of Georgia
Covers Central Georgia including Macon, Columbus, and surrounding areas. Main court locations: Macon, Columbus, Warner Robins. The Middle District handles fewer cases than Northern but maintains steady volume. Cases often move more quickly here due to lower filing volume.
Southern District of Georgia
Covers South Georgia including Savannah, Augusta, and surrounding areas. Main court locations: Savannah, Augusta, Brunswick. This district covers the largest geographic area but lowest population. Filing volumes are lower, which can mean faster case resolution, but attorney availability can be more limited outside major cities.
You must file in the district where you have resided for the majority of the 180 days before filing. Residency requirements are strict, so ensure you meet them before initiating your case.
Filing Bankruptcy in Georgia with Frankie
Frankie handles the entire bankruptcy filing process for Georgia residents at a flat rate of $1,999. This covers preparation of all required bankruptcy documents, petition filing, and guidance through to discharge. You work with licensed bankruptcy attorneys who know Georgia's courts and judges.
What's Included in the $1,999 Fee
- Complete bankruptcy petition preparation (Chapter 7 or Chapter 13)
- Means test calculation if required for your income level
- Property exemption analysis using Georgia's exemption limits
- Credit counseling course completion and documentation
- Filing with the appropriate Georgia bankruptcy court
- 341 hearing preparation and representation
- Post-filing guidance and support through discharge
Additional Court Costs
Beyond Frankie's attorney fees, you'll pay court filing fees directly to the U.S. Bankruptcy Court:
- Chapter 7 filing fee: $335
- Chapter 13 filing fee: $310
- Credit counseling course fee: $25-$50 (required before filing)
Total out-of-pocket cost for a Chapter 7 filing in Georgia is typically $2,359-$2,384 ($1,999 attorney + $335 filing + $25-$50 counseling). Chapter 13 is slightly lower at $2,334-$2,359. These are one-time costs; Chapter 13 filers also pay monthly trustee fees as part of their repayment plan.
Check Your Bankruptcy Eligibility
See if you qualify for Chapter 7 or Chapter 13 based on your income, assets, and debts.
Start Assessment →Frequently Asked Questions About Georgia Bankruptcy
In Chapter 7, you keep your house if your equity is below $21,500 (or $43,000 if married). If your equity exceeds the exemption, the trustee may sell it. In Chapter 13, you keep your house and make monthly payments over 3-5 years to catch up on missed payments. Many Georgia filers choose Chapter 13 to protect home equity.
Yes. Filing triggers an "automatic stay" that immediately stops foreclosure, eviction, wage garnishment, and most creditor lawsuits. However, the stay is temporary. In Chapter 7, it may last only a few months. In Chapter 13, the stay remains in place for the entire 3-5 year repayment plan if you catch up on missed mortgage payments and continue making regular payments.
Child support, alimony, recent taxes (generally filed within 3 years), federal student loans (with rare exceptions), and debts from fraud cannot be discharged. Most other debts—credit cards, medical bills, personal loans, and business debts—can be eliminated through Chapter 7 or restructured through Chapter 13.
Chapter 7 typically takes 4-6 months from filing to discharge. Chapter 13 takes 3-5 years as you make monthly payments. Your Georgia court district and judge can affect timeline; Middle and Southern Districts sometimes move faster than Northern District.
Additional Resources
- How Bankruptcy Works: Complete Guide
- Debt Settlement vs Bankruptcy
- Frequently Asked Questions
- Check Your Eligibility
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