Georgia Code
Article 2 - Statutory Exemptions
§ 44-13-100. Exemptions for Purposes of Bankruptcy and Intestate Insolvent Estates

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
(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:
History. Ga. L. 1865-66, p. 29, § 1; Code 1868, § 2022; Code 1873, § 2049; Code 1882, § 2049; Civil Code 1895, § 2875; Civil Code 1910, § 3425; Code 1933, § 51-1504; Code 1933, § 51-1301.1, enacted by Ga. L. 1980, p. 952, § 2; Code 1933, § 51-1601, enacted by Ga. L. 1980, p. 952, § 3; Ga. L. 1981, p. 626, §§ 2, 3; Ga. L. 1988, p. 1756, § 1; Ga. L. 1989, p. 14, § 44; Ga. L. 1995, p. 347, § 1; Ga. L. 2001, p. 745, § 1; Ga. L. 2012, p. 1030, § 2/SB 117; Ga. L. 2013, p. 141, § 44/HB 79; Ga. L. 2013, p. 1045, § 2/SB 105; Ga. L. 2015, p. 996, § 6-1/SB 65; Ga. L. 2017, p. 620, § 1/SB 87.
The 2001 amendment, effective July 1, 2001, in subsection (a), in paragraph (1), substituted “$10,000.00” for “$5,000.00” in the first sentence and added the second sentence, substituted “$3,500.00” for “$1,000.00” in paragraph (3), in paragraph (4), substituted “$300.00” for “$200.00” in the first sentence and “$5,000.00” for “$3,500.00” in the second sentence, in paragraph (6), substituted “$600.00” for “$400.00” and inserted “, not to exceed $5,000.00,”, substituted “$1,500.00” for “$500.00” in paragraph (7), inserted “or cash” in paragraph (9), and substituted “$10,000.00” for “$7,500.00” in subparagraph (a)(11)(D).
The 2012 amendment, effective May 2, 2012, in paragraph (a)(1), substituted “$21,500.00” for “$10,000.00” near the beginning and substituted “$43,000.00” for “$20,000.00” at the end.
The 2013 amendments. —
The first 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation near the middle of subparagraph (a)(2.1)(C). The second 2013 amendment, effective July 1, 2013, substituted “$5,000.00” for “$3,500.00” in the middle of paragraph (a)(3).
The 2015 amendment, effective July 1, 2015, in paragraph (a)(6), substituted “$1,200.00” for “$600.00” near the beginning and substituted “$10,000.00” for “$5,000.00” near the middle.
The 2017 amendment, effective July 1, 2017, deleted “and” at the end of subparagraph (a)(2)(E); substituted “; and” for the period at the end of subparagraph (a)(2)(F); added subparagraph (a)(2)(G); and added subsection (d).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, “subparagraphs (A) and (B) of this paragraph” was substituted for “(A) and (B)” at the end of subparagraph (a)(2.1)(C) of this Code section.
Pursuant to Code Section 28-9-5, in 1989, a comma was added to the end of subparagraph (a)(2.1)(C).
Editor’s notes.
Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides that: “(a) This Act shall be known and may be cited as the ‘Debtor Creditor Uniform Law Modernization Act of 2015.’
“(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.”
Law reviews.
For article, “Preparing the Georgia Farmer (or Other Small Entrepreneur) for Bankruptcy,” see 22 Ga. State Bar J. 186 (1986).
For survey of 1985 Eleventh Circuit cases on bankruptcy, see 37 Mercer L. Rev. 1233 (1986).
For survey of 1986 Eleventh Circuit cases on bankruptcy, see 38 Mercer L. Rev. 1097 (1987).
For article, “Avoidance of Liens: Section 522(f),” see 4 Bank. Dev. J. 95 (1987).
For article, “Retirement Benefits: Protection from Creditors’ Claims,” see 24 Ga. St. B.J. 118 (1988).
For survey of 1995 Eleventh Circuit cases on bankruptcy law, see 47 Mercer L. Rev. 717 (1996).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 263 (2001).
For Eleventh Circuit survey article on bankruptcy decisions in 2003, see 55 Mercer L. Rev. 1101 (2004).
For article, “Noticing the Bankruptcy Sale: The Purchased Property May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,” see 15 (No. 5) Ga. St. B.J. 12 (2010).
For article, “Consumer Bankruptcy Panel: Hot Consumer Bankruptcy Plan Issues,” see 28 Emory Bankr. Dev. J. 333 (2012).
For annual survey on bankruptcy law, see 64 Mercer L. Rev. 849 (2013).
For article, “Eleventh Circuit Survey: January 1, 2014 - December 31, 2014: Bankruptcy,” see 66 Mercer L. Rev. 881 (2015).
For annual survey of bankruptcy law, see 67 Mercer L. Rev. 819 (2016).
For annual survey on bankruptcy, see 68 Mercer L. Rev. 929 (2017).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 263 (2001).