Bankruptcy Exemptions
(What you can keep in a bankruptcy)
Federal and State Bankruptcy Asset Exemptions...
All property of the debtor at the time of the filing for bankruptcy (and certain other property to be received in the future) becomes the property of the bankruptcy estate once bankruptcy is filed. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. HOWEVER, there is certain property which is either excluded or exempt which the debtor will be able to keep. Property or asset exemption are determined based upon your specific situation, personal income and the individual laws of your state.
The best way to determine which property you will be entitled to keep requires a detailed analysis of your unique and personal situation. Although the following Federal and State Bankruptcy Asset Exemption is provided for your information, we highly recommend Finding a Good Bankruptcy Attorney to help guide you through the Bankruptcy Process.
State Post-Judgement Asset Exemptions
Simply click your state of choice to get to the Post-Judgment Asset Exemptions for that state.
In most states you can legally protect your personal residence in a bankruptcy. The interesting thing is homeowners are treated differently from state to state.
Learn more about the Homestead Act and how it affects you.
Alabama Post-Judgment Asset Exemptions
Homestead: Real property or mobile home up to $5,000; husband and wife may double. Property cannot exceed 160 acres or 320 acres for a husband and wife.
Pensions and Retirement Benefits: Funds exempt for judges (only payments being received), law enforcement officers, state employees and teachers. IRA exemptions for conventional, SEP and SIMPLE plans.
Insurance: Annuity proceeds or avails to $250 per month. Disability proceeds or avails to an average of $250 per month. Fraternal society benefits. Life insurance proceeds or avails if beneficiary is insured's spouse or child. Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors. Mutual aid association benefits.
Personal Property: All necessary household goods and clothing, family pictures and books. Family burial plots and church seats.
Tools of Trade: Tools personally used by and essential to debtor's business. All personally owned uniforms, arms and equipment. One motor vehicle is exempt if used by and essential to the debtor's business, subject to consensual security goods.
Wages: 75% of earned but unpaid wages; for consumer loans/leases, greater of 75% of weekly disposable earnings or 30 times the federal minimum wage.
Miscellaneous: Business partnership property.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind, aged, disabled. AFDC (Aid to Families with Dependent Children). Coal miner's pneumoconiosis benefits. Crime victim's compensation. Southeast Asian War POWs benefits.
Wild Card: Any personal property up to $3,000, except life insurance.
Alaska Post-Judgment Asset Exemptions
Homestead: Principal residence up to $64,800, whether single or multiple owners. Proceeds also exempt if located in Alaska for six months.
Pensions and Retirement Benefits: ERISA-qualified retirement plans are exempt to the extent contributions made more than 120 days prior to bankruptcy. Funds building up exempt for all teachers', judicial employees' and public employees' retirement plans; other retirement benefits exempt to extent wages are exempt (only payments being received). IRA exemptions for conventional, Roth, SEP and SIMPLE plans, subject to 120 day rule, above.
Insurance: Insurance proceeds for wrongful death, to extent wages are exempt. Life insurance annuity or contract loan value to $12,000. Life insurance proceeds if beneficiary is insured's spouse or dependent, to extent wages exempt. Disability benefits. Fraternal society benefits. Insurance proceeds for personal injury, to extent wages exempt (bankruptcy judge may authorize a greater amount). Medical, surgical or hospital benefits.
Personal Property: Books, musical instruments, clothing, family portraits, household goods and heirlooms up to $3,600. Building materials. Burial plot. Health aids needed. Jewelry up to $1,200. Motor vehicle up to $3,600; vehicle's market value can't exceed $20,000. Personal injury recoveries, to extent wages exempt. Pets up to $1,200. Proceeds for lost, damaged or destroyed exempt property. Wrongful death recoveries to extent wages exempt.
Tools of Trade: Implements/professional books/tools up to $3,360.
Miscellaneous: Business partnership property. Alimony, to the extent wages are exempt. Child support payments made by a collection agency. Permits for limited entry into Alaska Fisheries. Certain liquor licenses and limited entry permits are exempt.
Wages: $350 of weekly net earnings or $550 per week for debtor who is sole support for household. $1,400/mo. in "liquid assets" for debtors not paid weekly/semiweekly or monthly or $2,200/mo. for debtor who is sole support of household. Court can increase exemption for disability or personal injury payments.
Public Benefits: Unemployment compensation. Workers' Compensation. Adult assistance to the elderly, blind, disabled. AFDC. Alaska longevity bonus. Crime victim's compensation. Federally exempt public benefits paid or due. General relief assistance. 45% of permanent fund dividends. Tuition credits under an advance college tuition payment contract.
Wild Card: None.
Arizona Post-Judgment Asset Exemptions
Homestead: Real property, an apartment or mobile home occupied by the debtor, up to $100,000. Sale proceeds exempt 18 months after sale or until new home purchase, whichever occurs first. Husband and wife may not double the homestead exemption.
Pensions and Retirement Benefits: ERISA-qualified benefits deposited more than 120 days before filing bankruptcy. Funds exempt for Board of Regents members, state employees, public safety personnel, firefighters, police officers and Rangers. IRA exemptions for conventional, Roth, SEP and SIMPLE plans, subject to 120-day rule, above.
Insurance: Life insurance cash value, to $1,000 per dependent, to $25,000 total (husband and wife may double). Life insurance cash value, to $2,000 per dependent, to $10,000 total. Life insurance proceeds to $20,000 if beneficiary is spouse or child (husband and wife may double). Group life insurance policy or proceeds. Disability, health, or accident benefits. Fraternal society benefits.
Personal Property: Husband and wife may double all personal property exemptions. 2 beds and 1 living room chair per person; 1 dresser, table, lamp, bedding per bed; kitchen table; dining room table and 4 chairs (1 more per person); living room carpet or rug; couch; 3 lamps; 3 coffee or end tables; pictures, paintings, drawings created by debtor; family portraits; refrigerator; stove; TV, radio or stereo; alarm clock; washer; dryer; vacuum cleaner all up to $4,000 total. Bank deposits to $150 in any one account. Bible; bicycle; sewing machine; typewriter; burial plot; rifle, pistol or shotgun all up to $500 total. Books to $250. Clothing to $500. Wedding and engagement rings to $1,000. Watch to $100. Pets, horses, milk cows and poultry to $500. Musical instruments to $250. Prostheses including wheelchair. Food and fuel to last 6 months. Motor vehicle up to $5,000 ($10,000 if disabled). Prepaid rent or security deposit up to $1,000 or 1 1/2 times your rent whichever is less, in lieu of homestead. Proceeds for sold or damaged exempt property.
Tools of Trade: Arms, uniforms and accoutrements you're required to keep. Farm machinery, utensils, seed, instruments of husbandry, feed, grain, and animals up to $2,500 total (husband and wife may double the exemption amount). Teaching aids of teacher. Tools, equipment, instruments and books (except vehicle driven to work) up to $2,500.
Miscellaneous: Business partnership property. Earnings of minor child unless the debt is for child.
Wages: Greater of 75% of weekly wages or earnings in excess of 30 times the federal minimum wage; modified regarding child support claims.
Public Benefits: Unemployment compensation. Workers' compensation. Welfare benefits.
Wild Card: None.
Arkansas Post-Judgment Asset Exemptions
Homestead: A debtor must choose either option 1 or 2.
- For head of family; real or personal property used as residence, to an unlimited value. Property cannot exceed 1/4-acre in city, town or village, or 80 acres elsewhere. If property is between 1/4- to 1 acre in city, town or village, and 80 to 160 acres elsewhere, up to $2,500; no homestead may exceed 1 acre in city, town or village, or 160 acres elsewhere. Husband and wife may not double the homestead exemption.
- Real or personal property used as residence, to $800 if single, $1,250 if married.
Pensions and Retirement Benefits: Retirement plans for firefighters, police officers and school employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limit of $500, and nondeductible contributions to a non-Roth IRA are not protected.
Insurance: Annuity contract. Disability benefits. Fraternal society benefits. Group life insurance. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Life insurance proceeds or avails if beneficiary isn't the insured. Life, health, accident or disability cash value or proceeds paid or due (limited to the $500 exemption provided by section 9-1 and 9-2 of the Arkansas Constitution). Mutual assessments life or disability benefits to $1,000. Stipulated insurance premiums.
Personal Property: Burial plot to 5 acres. Clothing. Motor vehicle to $1,200. Wedding bands; any diamond can't exceed 1/2-carat.
Tools of Trade: Implements/books/tools up to $750.
Miscellaneous: Business partnership property.
Wages: 60 days' earned but unpaid wages if debtor's personal property plus such wages do not exceed constitutional maximum exemption. Minimum of $25 per week exempt.
Public Benefits: Unemployment compensation. Workers' Compensation. Aid to blind, aged, disabled. AFDC. Crime victim's compensation unless seeking to discharge debt for treatment of injury incurred during the crime.
Wild Card: $500 of any personal property if married or head of family; or else $200
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
California Post-Judgment Asset Exemptions
A debtor must choose between Option 1 or 2.
Option 1
- Homestead: Real or personal property you occupy including a mobile home, boat, stock cooperative, community apartment, planned development or condo, up to $50,000 if single and not disabled; $75,000 for families if no other member has a homestead. If one spouse files, he or she may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common. $100,000 limit if age 65 or older, or physically or mentally disabled; $100,000 limit if 55 or older, single and earn under $15,000, or married and earn under $20,000, and creditors seek to force the sale of the home. Sale proceeds exempt for 6 months after received. Husband and wife may not double the exemption. May file a homestead declaration.
- Pensions and Retirement Benefits: Funds exempt for county employees, county firefighters, county peace officers and public employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to amount necessary for support of debtor and dependents.
- Insurance: Disability or health benefits. Fraternal unemployment bonds. Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors. Fidelity bonds. Homeowner's insurance proceeds for 6 months after received, to homestead exemption amount. Matured life insurance benefits needed for support. Unmatured life insurance policy loan value to $9,700; husband and wife may double to $19,400
- Personal Property: Appliances, furnishings, clothing and food needed. Bank deposits from Social Security Administration up to $2,425 ($3,650 for husband and wife). Building materials up to $2,425 to repair or improve home (husband and wife may not double). Burial plot. Health aids. Jewelry, heirlooms and art up to $6,075 total (may not be doubled). Motor vehicles to $2,300 in auto insurance if vehicle(s) lost, damaged or destroyed (may not be doubled). Personal injury causes of action. Personal injury recoveries needed for support; if receiving installments, at least 75%. Wrongful death causes of action. Wrongful death recoveries needed for support; if receiving installments, at least 75%.
- Tools of Trade: Tools, implements, materials, instruments, uniforms, books, furnishings, equipment, vessel, motor vehicle up to $6,075 total; up to $12,150 total if used by both spouses in same occupation (cannot claim motor vehicle under both tools of trade exemption and motor vehicle exemption).
- Miscellaneous: Business partnership property. Business or professional license, except liquor license. Inmates' trust funds up to $1,225 (husband and wife may not double).
- Wages: Public employees' vacation credits (if receiving installments, at least 75%). 75% of wages paid within 90 days of filing for bankruptcy.
- Public Benefits:Aid to blind, aged, disabled. AFDC (Aid to Families with Dependent Children). Financial aid to students. Relocation benefits. Union benefits due to labor dispute. Unemployment benefits. Workers' compensation.
- Wild Card: None.
Option 2
- Homestead: Real or personal property including a co-op, used as residence up to $17,425. Unused portion of homestead may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to amount necessary for support of debtor and dependents.
- Insurance: Disability or health benefits. Life insurance proceeds or avails needed for support. Unmatured life insurance contract accrued avails to $9,300. Unmatured life insurance policy other than credit.
- Personal Property: Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing up to $450 per item. Burial plot up to $17,425, in lieu of homestead. Health aids. Jewelry up to $1,150. Motor vehicle up to $2,775. Personal injury recoveries up to $17,425 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries needed for support.
- Tools of Trade: Implements, books and tools of trade up to $1,750.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: None.
- Public Benefits:Unemployment benefits. Crime victim's compensation. Public assistance. Social Security. Veteran's benefits.
- Wild Card: $925 of any property. Unused portion of homestead or burial exemption of any property.
Colorado Post-Judgment Asset Exemptions
Homestead: Real property, mobile home or manufactured home you occupy up to $45,000 in equity. Sale proceeds exempt 1 year after received.
Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempt for firefighters, police officers, public employees, teachers and veterans. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.
Insurance: Disability proceeds to $200 per month; if received as a lump sum, entire amount. Fraternal society benefits. Life insurance avails to $25,000. Group life insurance proceeds or policy. Homeowner's insurance proceeds for 1 year after received, to homestead exemption amount. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors.
Personal Property: Clothing up to $1,500. One burial plot per person. Food and fuel up to $600. Health aids. Household goods up to $3,000. Jewelry and articles of adornment up to $1,000 total. Vehicles up to $3,000; $6,000 if elderly or disabled. Personal injury recoveries, unless debt related to injury. Books, pictures, collectible, CDs or art up to $1,500. Proceeds for damaged exempt property. Security deposit. Livestock and poultry of farmer up to $3,000.
Tools of Trade: Supplies, fixtures, machines, tools, maps, equipment and books needed for work up to $10,000; professional library up to $3,000.
Miscellaneous: Business partnership property.
Wages: Minimum of 75% of earned but unpaid wages, pension payments; bankruptcy judge may authorize more for low-income debtors.
Public Benefits: Unemployment compensation. Workers' Compensation. Aid to blind, aged, disabled. AFDC (Aid to Families with Dependent Children). Crime victim's compensation. Veteran's benefits for veteran, spouse or child if veteran served in war.
Connecticut Post-Judgment Asset Exemptions
Homestead: Real property, mobile home or manufactured home to $75,000, excluding consensual or statutory liens.
Pensions and Retirement Benefits: ERISA-qualified benefits, to the extent wages exempt. Funds exempt for municipal employees, teachers, veterans, state employees, probate judges and employees. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans.
Insurance: Fraternal society benefits. Disability benefits paid by association for its members. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Health or disability benefits. Life insurance proceeds or avails. Unmatured life insurance policy loan value to $4,000.
Personal Property: Appliances, food, clothing, furniture and bedding needed. Burial plot. Health aids needed. Motor vehicle up to $1,500. Proceeds of one residence. Wedding and engagement rings.
Tools of Trade: Arms, military equipment, uniforms and musical instruments of military personnel. Tools, books, instruments and farm animals needed.
Miscellaneous: Business partnership property. Child support. Alimony to extent wages exempt. Farm partnership animals and livestock feed reasonably required to run farm where at least 50% of partners are members of same family.
Wages: Greater of 75% of earned but unpaid wages, pension payments, or excess of weekly wages over 40 times federal minimum wage; subject to court-ordered support claims.
Public Benefits: Unemployment compensation. Workers' Compensation. Aid to blind, aged, disabled. AFDC. Crime victims compensation. Veterans benefits. Social Security. Vietnam veteran's death benefits. Wages from earnings incentive program.
Wild Card: $1,000 of any property.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Delaware Post-Judgment Asset Exemptions
Homestead: None. However, real property held by married couples as tenancy by the entirety may be exempt against debts owed by one spouse.
Pensions and Retirement Benefits: Funds exempted for various public employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.
Insurance: Fraternal benefit society benefits. All life insurance or group and health insurance policies exempt; also $350 per month in annuities.
Personal Property: Any property up to $5,000. Clothing and jewelry; burial place; church pew, pianos and organs; sewing machines; school books; family Bible, pictures and library.
Tools of Trade: All tools, implements, fixtures necessary to carry on debtor's trade or business, up to $75 in New Castle and Sussex Counties and up to $50 in Kent County.
Miscellaneous: Business partnership property.
Wages: 85% of earned but unpaid wages exempt.
Public Benefits: Unemployment Compensation. Workers' Compensation. State public benefits and aid to the blind
Wild Card: $500 of any personal property, except tools of trade, if head of family.
District of Columbia Post-Judgment Asset Exemptions
Homestead: None. However, real property held by married couples as tenancy by the entirety may be exempt against debts owed by one spouse.
Pensions and Retirement Benefits: Funds exempted for teachers and judges. The law is not settled for IRA exemptions, but extremely limited benefits may be protected.
Insurance: Life insurance if proceeds cannot be used to pay creditors. Group life insurance. Life insurance proceeds payable to other than insured. Other insurance proceeds to $200 per month, maximum 2 months, for head of family; otherwise $60 per month. Fraternal society benefits. Disability benefits.
Personal Property: Cooking utensils, stoves, furniture, furnishings, radios and sewing machines up to $425. Books up to $400. Clothing up to $300. Cooperative association holdings up to $50. Residential condominium deposit. Food and fuel for 3 months. Motor vehicle up to $2,575.
Tools of Trade: If head of household, $1,625 in tools of trade for debtor's business. For all others, $200 in mechanic's tools or notary seal/official documents; $300 in library, office, furniture, implements of professional or artist. For head of household debtors, one horse or mule, one cart/wagon or tray and harness, or $500 in one motor vehicle used principally by debtor in trade/business.
Miscellaneous: Business partnership property.
Wages: Greater of 75% of weekly wages or excess of disposable wages over 30 times federal minimum hourly wage.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind, aged, disabled. AFDC. Crime victim's compensation. General assistance.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Florida Post-Judgment Asset Exemptions
Homestead: Real property including mobile home to unlimited value. Property cannot exceed 1/2-acre in municipality or 160 contiguous acres elsewhere. Property held as tenancy by the entirety may be exempt against the debts owed by only one spouse
Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempted for various public employees' retirement systems, along with profit-sharing benefits necessary for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.
Insurance: Annuity contract proceeds. Death benefits payable to a specific beneficiary not the deceased's estate. Disability or illness benefits. Cash surrender value of life insurance. Fraternal society benefits.
Personal Property: All prescribed health aids for debtor/dependents and $1,000 in any other personal property exempt. One motor vehicle up to $1,000.
Tools of Trade: None.
Miscellaneous: Business partnership property. Alimony. Child support. Prescribed health aids.
Wages: 100% exempt for head of household. However, head of household may sign waiver that allows garnishment of wages in excess of $500 per week. Wages of others exempt in accordance with the federal standard (see the introduction to these tables). Also exempt are 6 months of wages paid and deposited in a bank account.
Public Benefits:Workers' compensation. Unemployment compensation. Veteran's benefits. Crime victim's compensation. Public assistance. Social Security. Alimony, support and separate maintenance to extent reasonably necessary to support debtor and dependents.
Wild Card: None.
Georgia Post-Judgment Asset Exemptions
Homestead: Real property, including co-op up to $5,000. Unused homestead may be applied to any property.
Pensions and Retirement Benefits: ERISA-qualified retirement plans, plans for public employees and non-profits, and Social Security benefits. Other pensions and retirement benefits and annuity payments (including IRA exemptions for conventional, SEP and SIMPLE plans) exempt only to extent needed. Distributions limited to amount necessary for support of debtor and dependents, but undistributed balance is fully protected. Warning: A Georgia court has held that protection does not extend to self-funded IRAs.
Insurance: Annuity and endowment benefits. Disability or health benefits to $250 per month. Fraternal society benefits. Life insurance proceeds if needed for support. Unmatured life insurance dividends, up to $2,000 in dividends, interest or loan value, if debtor or dependent is the insured.
Personal Property: Burial place. Jewelry to $500. Motor vehicles to $3,500. Personal injury recoveries to $10,000. Wrongful death recoveries. Animals, crops, clothing, books, household goods, musical instruments to $200 per item, $5,000 maximum.
Tools of Trade: Tools and implements up to $1,500.
Miscellaneous: Alimony. Support and separate maintenance exempt to extent needed for debtor's or dependents' support.
Wages: Minimum 75% of earned but unpaid wages for private and federal workers. State employees'/officials' salaries totally exempt from claims relating to liability incurred in scope of government employment while responding to emergency.
Public Benefits:Workers' compensation. Unemployment compensation. Veteran's benefits. Aid to blind and disabled. Crime victim's compensation. Local public assistance. Old-age assistance. Social Security.
Wild Card: $400 of any property; and unused portion of homestead exemption
Hawaii Post-Judgment Asset Exemptions
Homestead: Up to 1 acre of real property or land, or co-op, or condo under long-term lease, up to value of $30,000 for married debtor/head of household over 65, and $20,000 for all others. Proceeds exempt for 6 months.
Pensions and Retirement Benefits: All state and certain municipal pensions and retirement benefits exempt. ERISA-qualified plans and IRA exemptions for conventional, SEP and SIMPLE plans are limited to contributions made more than three years prior to filing.
Insurance: Annuity or endowment policy, if beneficiary is insured's spouse, child or parent. Life or health insurance policy for spouse or child of debtor, or if a clause in the policy prohibits payments to creditors. Group life insurance. Disability benefits. Fraternal society benefits. Insurance proceeds of exempt property are exempt for 6 months.
Personal Property: All necessary household clothing, books, clothing, appliances and household furnishings. Jewelry and watches up to $1,000. Down payment reserves for non-subsidized housing projects. One vehicle up to $2,575.
Tools of Trade: Only if needed for livelihood, including one motor vehicle and one commercial fishing boat.
Miscellaneous: Business partnership property.
Wages: Unpaid wages due for services of past 31 days. After 31 days, 95% of 1st $100; 90% of 2nd $100; 80% of balance. Prisoner's wages held by Dept. of Public Safety.
Public Benefits:Workers' compensation. Unemployment compensation. Unemployment work relief funds up to $60 per month. Public assistance paid by Dept. of Health Services.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Idaho Post-Judgment Asset Exemptions
Homestead: Real property up to $50,000 in net value, including mobile home and unimproved land for residence. Sale proceeds also exempt for 6 months.
Pensions and Retirement Benefits: ERISA-qualified plans and all Social Security benefits exempt. Funds exempt for public employees, police officers and firefighters. Other pensions and retirement benefits to the extent necessary for support.
Insurance: Annuity contract proceeds to $350 per month. Death or disability benefits. Fraternal society benefits. Homeowner's insurance proceeds to amount of homestead. Life insurance, if group life insurance, or beneficiary is other than insured, or if a clause in the policy prohibits payments to creditors. Medical benefits.
Personal Property: Books, furnishings, appliances, clothing, pets, musical instruments, one firearm, family portraits and heirlooms up to $500 per item, $5,000 total. Building materials. Burial place. Jewelry to $1,500. Motor vehicle to $3,000. Personal injury recoveries needed for support. Wrongful death recoveries. Crops up to $1,000. Water rights up to 160 inches. Equipment necessary to perform military or police work.
Tools of Trade: Tools and implements up to $1,500.
Miscellaneous: Alimony. Child support needed for support. Liquor licenses. Business partnership property.
Wages: Minimum 75% of earned but unpaid wages and pension payments.
Public Benefits:Workers' compensation. Unemployment compensation. Veteran's benefits. Aid to blind, aged or disabled. AFDC. Crime victim's compensation, unless debt is for the treatment of injury incurred during the crime. Any type of government assistance. Social Security.
Wild Card: $800.
Illinois Post-Judgment Asset Exemptions
Homestead: Real property up to $7,500 in residence, farm, lot and buildings, condo, or co-op. Co-owners cannot claim total exemption of more than $15,000 total. Proceeds from sale exempt 1 year from date of sale.
Pensions and Retirement Benefits: ERISA-qualified plans exempt. Funds exempted for civil service employees, county employees, disabled firefighters, widows and children of firefighters, general assembly members, municipal employees, police officers, firefighters, state university employees and teachers. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.
Insurance: Health or disability benefits. Homeowner's proceeds for destroyed home, up to $7,500. Life insurance and annuity proceeds if beneficiary is insured's child, parent, spouse or other dependent, or if a clause prohibits payments to creditors. Life insurance proceeds if cannot be used to pay beneficiary's creditors. Life insurance proceeds needed for support. Fraternal society benefits.
Personal Property: Family pictures, schoolbooks, clothing. Motor vehicle up to $1,200. Personal injury recoveries to $7,500. Wrongful death recoveries needed for support. Exempt property proceeds.
Tools of Trade: Tools and implements up to $750.
Miscellaneous: Alimony. Child support. Business partnership property.
Wages: Minimum 85% of earned but unpaid wages.
Public Benefits:Workers' compensation. Unemployment compensation. Veteran's benefits. Aid to aged, blind and disabled. AFDC. Crime victim's compensation. Social Security.
Wild Card: $2,000 of any personal property.
Indiana Post-Judgment Asset Exemptions
Homestead: Real property claimed as residence up to $7,500; homestead plus personal property (except health aids) can't exceed $10,000. Property held as tenancy by the entirety is exempt against debt of only one spouse.
Pensions and Retirement Benefits: Funds exempted for firefighters, police, sheriffs, public employees and state teachers. IRA exemptions for conventional, SEP and SIMPLE plans. Nondeductible contributions are not protected.
Insurance: Fraternal society benefits. Life insurance, if group term policy, or if beneficiary is insured's spouse or dependent, or if a clause in the policy prohibits payments to creditors. Accident proceeds.
Personal Property: Any intangible personal property up to $100; except money owed to debtor.
Tools of Trade: National Guard uniforms, arms and equipment.
Miscellaneous: Business partnership property. State military personnel's uniforms, arms and equipment.
Wages: Minimum 75% of earned but unpaid wages.
Public Benefits: Unemployment compensation. Workers' compensation. Crime victim's compensation unless debt is for the treatment of injury incurred during the crime.
Wild Card: $4,000 of any real property or tangible personal property
Iowa Post-Judgment Asset Exemptions
Homestead: Real property with unlimited value. Property cannot exceed 1/2-acre in town or city, 40 acres elsewhere.
Pensions and Retirement Benefits: Funds exempted for firefighters, police and public employees. Payments being received from other pensions exempt if needed for support. The law is not settled for IRA exemptions, but extremely limited benefits may be protected.
Insurance: Life insurance acquired within two years of bankruptcy filing, up to $10,000 if paid to spouse, child or other dependent. Accident, disability, health, illness or life proceeds to $15,000, if paid to spouse, child or other dependent. Employee group insurance. Fraternal society benefits.
Personal Property: Furnishings and household goods up to $2,000. Books, pictures and paintings to $1,000. Burial plot up to one acre. Clothing up to $1,000. Motor vehicle and musical instruments up to $5,000. Wedding or engagement rings received prior to marriage.
Tools of Trade: Farming equipment, livestock and feed up to $10,000. Non-farming equipment (not including car) up to $10,000.
Miscellaneous: Alimony. Child support needed for support. Liquor licenses. Business partnership property.
Wages: Exempt according to the following table:
Annual Earnings |
All Wages Exempt, Except |
$12,000 - $15,999 |
$400 |
$16,000 - $23,999 |
$800 |
$24,000 - $34,999 |
$1,000 |
$35,000 - $49,999 |
$2,000 |
+$50,000 |
10% of wages |
Kansas Post-Judgment Asset Exemptions
Homestead: Real property with unlimited value up to 160 acres rural or 1 acre urban.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for officials in cities with populations between 120,000 and 200,000, police officers, firefighters, government employees and state school employees. Federal government pension payments needed for support and paid within three months of filing a bankruptcy action. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.
Insurance: Life insurance, if a clause in the policy prohibits payment to creditors. Forfeiture value of life insurance exempt if policy purchased more than one year before bankruptcy action. Fraternal society benefits.
Personal Property: Burial place. Funeral plan prepayments. Clothing. Food and fuel. Furnishings and household equipment. Jewelry to $1,000. Motor vehicle to $20,000 (no limit for vehicle equipped for handicapped persons).
Tools of Trade: Tools and implements up to $7,500.
Miscellaneous: Liquor licenses. Business partnership property.
Wages: Greater of 75% of weekly disposable earnings or excess of disposable earnings over 30 times federal minimum wage. For child support obligations, 50% of disposable earnings exempt if debtor is supporting another spouse or dependent; 40% if not. For delinquent support more than 12 weeks in arrears, only 45% or 35%, respectively is exempt.
Public Benefits: Unemployment compensation. Workers' compensation. AFDC. Crime victim's compensation. Social welfare. General assistance.
Wild Card: None.
Kentucky Post-Judgment Asset Exemptions
Homestead: Real or personal property used as residence up to $5,000.
Pensions and Retirement Benefits: Funds exempt for firefighters, police, teachers, state employees and county government employees. Other pensions exempt if needed for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to contributions that are made more than 120 days before bankruptcy filing.
Insurance: Annuity benefits up to $350 per month. Life insurance, if beneficiary is a married woman or not the insured, or a clause in the policy prohibits payment to creditors, or if a group policy. Health or disability contract benefits. Cooperative life or casualty insurance benefits. Fraternal society benefits.
Personal Property: Burial plot up to $5,000 in lieu of homestead exemption. Clothing, jewelry and furnishings up to $3,000 total. Payments for lost earnings needed for support. Medical expenses. Reparation benefits. Motor vehicle up to $2,500. Personal injury recoveries up to $7,500 (not to include pain and suffering). Wrongful death recoveries.
Tools of Trade: Tools up to $300, plus artisans in the business of maintaining mechanical or electrical equipment in general use, and ministers, attorneys, doctors, chiropractors, veterinarians and dentists may exempt a motor vehicle worth up to $2,500. Ministers, attorneys, doctors, chiropractors and veterinarians may also exempt up to $1,000 of professional equipment. Farmers may exempt up to $3,000 in poultry, livestock, tools and equipment.
Miscellaneous: Business partnership property. Alimony and child support.
Wages: Greater of 75% of earned but unpaid wages or excess of disposable wages over 30 times federal minimum wage.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind, aged and disabled. AFDC. Crime victim's compensation.
Wild Card: $1,000 of any property.
Louisiana Post-Judgment Asset Exemptions
Homestead: Real property up to $25,000. Applies to surviving spouses and dependents. Maximum homestead is 160 acres (rural or urban) in one tract, or more than one tract with a residence on one tract and a garden, field or pasture on the other tract(s). No doubling of exemption by married spouses.
Pensions and Retirement Benefits: ERISA-qualified plans, IRAs (conventional, SEP and SIMPLE), Keoghs and other qualified plans exempt to extent of tax exemption, but no exemption for contributions less than 1 year from filing.
Insurance: Life insurance policies or proceeds, limited to $35,000 if policy was purchased within 9 months of filing a bankruptcy action. Group insurance. Health, accident or disability proceeds. Fraternal society benefits.
Personal Property: Furniture. Utensils. Clothing. Family portraits. Musical instruments. Heating & cooling equipment. Pressing irons. Sewing machine. Refrigerator. Freezer. Stove. Washer and dryer. Burial place. Engagement and wedding rings up to $5,000.
Tools of Trade: All necessary tools, instruments and books, plus one truck (maximum 3 tons) or motor vehicle used primarily for trade, and a utility trailer.
Miscellaneous: Minor child's property.
Wages: Greater of 75% of weekly disposable earnings or excess of disposable wages over 30 times federal minimum wage. For child support claims, only 50% exempt.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind, aged and disabled, AFDC. Crime victim's compensation.
Wild Card: None.
Maine Post-Judgment Asset Exemptions
Homestead: Real or personal property including co-op up to $70,000 for families; if single up to $35,000; if debtor over 60 or physically or mentally disabled up to $70,000 and may be doubled for joint debtors.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for legislators, judges and state employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to amounts that are necessary for the support of the debtor and his dependents. Warning: No protection for IRAs that are established by an "insider" of the debtor. This provision could eliminate the protection otherwise offered to small business owners by SEP and SIMPLE plans.
Insurance: Annuity proceeds up to $450 per month. Life insurance policy, life insurance payments to debtor necessary for support. Life policy, accrued dividends, or cash value of person who supported debtor. Unmatured life insurance policy (except credit insurance policy). Disability benefits and pensions. Group health or life policy or proceeds. Fraternal society benefits.
Personal Property: Animals, crops, musical instruments, books, clothing, furnishings, household goods up to $200 per item. Furnaces, stoves and fuel. Jewelry up to $750. Payments for lost earnings needed for support. Motor vehicle up to $5,000. Personal injury and wrongful death recoveries up to $12,500 (excluding pain and suffering). Prescribed health aids. Food and produce for 6 months. Burial plot in lieu of homestead exemption.
Tools of Trade: Tools up to $5,000, plus one of every type of farming implement and the debtor's interest in up to a 5-ton commercial fishing boat.
Miscellaneous: Alimony and child support. Business partnership property.
Wages: For consumer credit transactions, the greater of 75% of weekly disposable earnings, or 40 times federal minimum wage.
Public Benefits:Veteran's benefits. Workers' compensation. Unemployment compensation. AFDC. Crime victim's compensation. Social Security.
Wild Card: $400 of any property. Unused homestead exemption up to $6,000 for animals, crops, musical instruments, books, clothing, furnishings, household goods, appliances, tools of the trade, and personal injury recoveries.
Maryland Post-Judgment Asset Exemptions
Homestead: None. However, property held as tenancy by the entirety exempt against debt of only one spouse.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for state employees, teachers and deceased Baltimore police officers. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to tax-deductible contributions for non-Roth IRAs.
Insurance: Life insurance or annuity proceeds if beneficiary is insured's spouse, child or dependent. Medical benefits deducted from wages. Disability or health benefits. Fraternal society benefits.
Personal Property: Appliances, furnishings, household goods, books, pets and clothing up to $500. Burial place. Recovery for lost future earnings.
Tools of Trade: Clothing, books, tools, instruments and appliances necessary for any trade or profession, and not for sale, lease or barter, up to $2,500. Excludes car.
Miscellaneous: Business partnership property.
Public Benefits: Unemployment compensation. Workers' compensation. AFDC. Crime victim's compensation. General assistance.
Wages: In Caroline, Kent, Queen Anne's and Worcester counties, the greater of 75% of earned but unpaid wages or 30% of the federal minimum wage; elsewhere, the greater of $145 or 75% of wages. All withheld medical insurance payments also exempt.
Wild Card: $3,000 of any property.
Massachusetts Post-Judgment Asset Exemptions
Homestead: Real property up to $300,000. Co-owners cannot double. Property held as tenancy by entirety exempt against debt of only one spouse.
Pensions and Retirement Benefits: Funds exempt for ERISA-qualified retirement benefits, public employees' plans and savings bank employees' plans. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. For IRAs, contributions made within the last five years are exempt only to the extent that the contributions did not exceed 7% of the individual's income over the five-year period.
Insurance: Fraternal benefit society benefits. Life or endowment policy proceeds or cash value. Group annuity policy or proceeds. Life insurance policy if beneficiary is married woman or cannot be used to pay beneficiary's creditors. Group life insurance policy. Disability benefits up to $400 per week.
Personal Property: Bank deposits up to $125. Books to $200 total. Sewing machine up to $200. Cash for fuel, heat, water or light up to $75 per month. Clothing. Cash up to $200 per month for rent. Co-op shares up to $100. Furniture up to $3,000. Motor vehicle up to $700. Trust company bank deposits up to $500. Burial places and church pew.
Tools of Trade: Tools, implements and fixtures up to $500. Stock up to $500. Fishing gear used in debtor's business up to $500.
Miscellaneous: Business partnership property.
Wages: Earned but unpaid wages up to $125 per week.
Public Benefits:Veteran's benefits. Workers' compensation. Unemployment compensation. AFDC. Aid to aged and disabled.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Michigan Post-Judgment Asset Exemptions
Homestead: Real estate to $3,500. Property cannot exceed 1 lot or 40 acres rural. Property held as tenancy by entirety exempt against debt of only one spouse. Spouse or child of deceased owner may claim exemption.
Pensions and Retirement Benefits: Funds exempt for ERISA-qualified plans, firefighters, police officers, legislators, public school employees and state employees. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans. IRAs limited to contributions that were made more than 120 days before filing, and limited to tax-deductible contributions for non-Roth IRAs.
Insurance: Life, endowment or annuity proceeds if cannot be used to pay beneficiary's creditors. Life or endowment proceeds if beneficiary is insured's spouse or child. Life insurance proceeds if beneficiary is married. Fraternal society benefits. Disability, mutual life or health benefits.
Personal Property: Building and loan association shares up to $1,000 par value, in lieu of homestead. Burial place, church pew, clothing. Family pictures, appliances, books and household goods, up to $1,000 total. Food and fuel for 6 months.
Tools of Trade: Tools, implements, stock, motor vehicle or other items that enable the debtor to carry on his business up to $1,000.
Miscellaneous: Business partnership property.
Wages: Head of household debtors may exempt 60% of weekly wages (but not less than $15.00 per week) plus $2.00 per dependent other than spouse. Other debtors may exempt 40% of weekly wages (not less than $10.00 per week).
Public Benefits:Veteran's benefits. Workers' compensation. Unemployment compensation. AFDC. Crime victim's compensation. Social welfare benefits.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Minnesota Post-Judgment Asset Exemptions
Homestead: Real property up to $200,000 ($500,000 if the homestead is used primarily for agriculture), but cannot exceed 160 acres rural or 1/2-acre urban. Proceeds exempt for one year.
Pensions and Retirement Benefits: ERISA-qualified plans, limited to present value of $54,000. Funds exempt for public employees and state employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans, limited to present value of $54,000.
Insurance: Life insurance proceeds if beneficiary is spouse or child of insured, up to $20,000, plus $5,000 per dependent. Police and firefighter benefits. Unmatured life insurance contract, dividends interest or loan value to $7,200, if insured is debtor or someone who supports debtor. Fraternal society benefits.
Personal Property: Burial place. Church pew. Motor vehicle up to $3,600 ($36,000 if modified for disabled person). Books and musical instruments, appliances, furniture, radio, phonographs and TV up to $8,100. Clothing. Food and utensils. Personal injury and wrongful death recoveries. Proceeds for damaged exempt property.
Tools of Trade: Farm machines, livestock, crops of farmers to $13,000 total. School teacher materials. Tools, machines, instruments, furniture, stock in trade and library up to $9,000 total.
Miscellaneous: Business partnership property. Minor child's earnings.
Wages: Greater of 75% or 40 times federal minimum hourly wage/week. Wages deposited into bank accounts for 20 days. Wages of released inmates paid within 6 months of release.
Public Benefits:Veteran's benefits. Workers' compensation. Unemployment compensation. AFDC. General or supplemental assistance. Supplemental security income, Crime victim's compensation.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Mississippi Post-Judgment Asset Exemptions
Homestead: Real property up to $75,000, cannot exceed 160 acres. If over age 60 and married or widowed, debtor need not occupy property. Sale proceeds exempt.
Pensions and Retirement Benefits: ERISA-qualified benefits deposited over 1 year before filing. Funds exempt for firefighters, police officers, state employees and teachers. The law is not settled for IRA exemptions, but extremely limited distributions may be protected.
Insurance: Disability benefits. Homeowner's insurance up to $75,000. Life insurance up to $50,000 if a clause prohibits payment to creditors. Fraternal society benefits.
Personal Property: Personal injury judgments if inherited by parent, spouse or child. Any tangible personal property up to $10,000 including household goods (excluding art, antiques, electronic equipment other than 1 television and 1 radio, and jewelry other than wedding rings), clothing, motor vehicles, trade implements, health aids and cash.
Tools of Trade: None.
Miscellaneous: Business partnership property.
Wages: All wages exempt for 30 days; thereafter greater of 75% of weekly disposable earnings or excess of disposable earnings over 30 times federal minimum wage. Exemptions do not apply to tax debts. For support claims, only 50% exempt; for debtor supporting other spouse or dependent, otherwise 40%.
Public Benefits:Social Security. Unemployment compensation. Workers' compensation. Aid to aged, blind and disabled.
Wild Card: None.
Missouri Post-Judgment Asset Exemptions
Homestead: Real property to $15,000. Joint owners may not double.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for employees of cities with 100,000 or more people, public officers and employees, police officers, highway and transportation employees, firefighters, state employees and teachers. IRA exemptions for conventional, Roth, SEP and SIMPLE plans, but no protection for contributions that are made within three years of bankruptcy filing.
Insurance: Death, disability or illness benefits. Life insurance proceeds if owned by a woman who insures her husband, or an unmarried woman who insures her father or brother. Life insurance dividends. Any unmatured life insurance, and up to $5,000 in accrued dividends, interest, or loan value if purchased more than 6 months prior to filing. Fraternal society benefits up to $5,000 if bought more than 6 months prior to bankruptcy action.
Personal Property: Appliances, household goods, clothing, books, crops, animals and musical instruments up to $1,000. Motor vehicle up to $1,000. Jewelry up to $500. Burial plot. Health aids. Wrongful death recoveries for death of person who supported you.
Tools of Trade: Tools and implements up to $2,000 used by the debtor or a dependent.
Miscellaneous: Alimony and child support up to $500 per month. Business partnership property.
Wages: Minimum 75% of earned but unpaid wages (90% for head of family). Wages of servant or common laborer up to $90.
Public Benefits:Social Security. Unemployment compensation. Workers' compensation. Veteran's benefits. AFDC.
Wild Card: $400 in any kind of property. Head of household debtors $850, plus $250 per unmarried dependent child under 18.
Montana Post-Judgment Asset Exemptions
Homestead: Real estate or mobile home up to $100,000 for singles, $200,000 for marrieds. Proceeds also exempt for 18 months following sale. Must record homestead declaration before attempted sale.
Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempt for all public employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. No exemption for ERISA-qualified or IRA amounts deposited within one year filing, which are in excess of 15% of income for that one year. Warning: No protection for IRAs that are established by an "insider" of the debtor. This provision could eliminate the protection otherwise offered to small business owners by SEP and SIMPLE plans.
Insurance: Annuity up to $350 per month. Disability or illness benefits. Medical, surgical or hospital benefits. Group life insurance. Life insurance proceeds if prohibited to be used to pay beneficiary's creditors. Life insurance proceeds if annual premiums do not exceed $500. Unmatured life insurance contracts to $4,000. Fraternal society benefits.
Personal Property: Appliances, household furnishings, goods, animals, crops, musical instruments, books, firearms, clothing and jewelry up to $600 each, $4,500 total. Cooperative association shares up to $500 value. Motor vehicle up to $2,500. Burial place. Food and provisions for 3 months. Proceeds for damaged or lost exempt property for 6 months after received.
Tools of Trade: Tools and implements up to $3,000.
Miscellaneous: Business partnership property. Alimony. Child support.
Wages: 75% of debtor's weekly disposable earnings or excess of disposable wages over 30 times federal minimum wage is exempt, subject to court ordered support claims.
Public Benefits:Social Security. Unemployment compensation. Workers' compensation. Vocational rehabilitation to the blind. Veteran's benefits. Aid to aged and disabled. AFDC. Crime victim's compensation.
Wild Card: None.
Nebraska Post-Judgment Asset Exemptions
Homestead: Real property up to $12,500, cannot exceed 160 acres rural or two urban lots. Sale proceeds exempt for 6 months after sale.
Pensions and Retirement Benefits: ERISA-qualified plans needed for support. Funds exempt for county, state and school employees, and military disability benefits to $2,000. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. No IRA protection for plans that were established within two years of bankruptcy, and limited to amounts that are reasonably necessary for support of debtor and dependents.
Insurance: Fraternal benefit society benefits to $10,000. Unmatured life insurance contract with loan or cash values up to $10,000.
Personal Property: Clothing, furniture and kitchen utensils up to $1,500. Perpetual care funds. Recovery for personal injury. Burial place. Food and fuel for 6 months.
Tools of Trade: Tools and implements up to $2,400.
Miscellaneous: Business partnership property.
Wages: Minimum 85% of earned but unpaid wages or pension payments for head of family, otherwise 75%.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to disabled, blind and aged. AFDC.
Wild Card: $2,500 of any personal property if homestead is not claimed. Cannot be used for wages.
Nevada Post-Judgment Asset Exemptions
Homestead: Real property, including mobile homes, up to $200,000. Cannot double. Must record homestead exemption before filing bankruptcy action.
Pensions and Retirement Benefits: ERISA-qualified plans and IRAs (conventional, SEP and SIMPLE) up to $500,000. Funds exempt for public employees.
Insurance: Fraternal society benefits. Life insurance benefits exempt to the extent the annual premium is no more than $1,000. Group life and health. Annuity payments up to $350 per month, unless larger amount needed for support.
Personal Property: Private libraries up to $1,500. All family pictures, keepsakes and household goods up to $10,000. Certain prescribed health aids. Motor vehicles up to $15,000. One gun. A collection of metal-bearing ores, geological specimens, art curiosities or paleontological remains if catalogued for free inspection of visitors, and all property held in a spendthrift trust; excludes coin collections.
Tools of Trade: Uniforms required by law. Farm equipment, stock & supplies up to $4,500. Other trade implements up to $4,500. Mining equipment up to $4,500.
Miscellaneous: Business partnership property.
Wages: Exempt as to greater of 75% of disposable earnings or 30 times federal minimum wage.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to disabled, blind and aged. AFDC. Vocational rehabilitation benefits.
Wild Card: None.
New Hampshire Post-Judgment Asset Exemptions
Homestead: Real property or manufactured housing up to $100,000. Must own the land.
Pensions and Retirement Benefits: Funds exempt for public employees' federal pension, but only benefits accruing. Firefighters, police officers and public employees. No protection for IRAs.
Insurance: Homeowner's insurance proceeds up to $5,000. Firefighter's death and disability benefits. Fraternal society benefits.
Personal Property: Beds. Bedsteads. Bedding. Furniture. Sewing machine. Cooking utensils needed. Cooking and heating stoves. Refrigerator. Household furniture up to $3,500. Automobile up to $4,000. Bibles and books up to $800. Burial place. Clothing. Jewelry up to $500. Proceeds for lost or destroyed exempt property. Cow. 6 sheep or fleece. 4 tons of hay. Food and fuel up to $400.
Tools of Trade: Tools and implements up to $5,000. Military members uniforms, arms and equipment. Cow, yoke of oxen or horse when needed for farming.
Miscellaneous: Business partnership property. Child support. Jury and witness fees. Minor child's wages.
Wages: Up to 50 times the federal minimum weekly wage, or as determined by a court.
Public Benefits:Workers' compensation. Unemployment compensation. Aid to blind, aged and, disabled. AFDC.
Wild Card: $1,000 of any property, plus up to $7,000 for unused portion of automobiles, bibles, books, food and fuel
New Jersey Post-Judgment Asset Exemptions
Homestead: None.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for public employees. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans.
Insurance: Annuity contract proceeds to $500 per month. Fraternal society benefits. Military disability or death benefits. Disability, death, medical or hospital benefits for civil defense workers. Life insurance proceeds if proceeds cannot be used to pay beneficiary's creditors. Health or disability benefits. Life insurance proceeds if another insured. Group life or health policy proceeds.
Personal Property: Personal property and corporation shares up to $1,000. Clothing. Burial place. Furniture and household goods up to $1,000.
Tools of Trade: None.
Miscellaneous: Business partnership property.
Wages: 90% of earned but unpaid wages if income under $7,500. If income over $7,500, judge decides amount. Wages or allowances of military personnel.
Public Benefits: Workers' compensation. Unemployment compensation. Old-age and permanent disability assistance. Crime victim's compensation.
Wild Card: None.
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits: Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
New Mexico Post-Judgment Asset Exemptions
Homestead: Real property up to $30,000. If jointly owned, can double exemption.
Pensions and Retirement Benefits: Funds exempt for public school employees. IRAs, pensions and retirement funds.
Insurance: Fraternal society and benevolent association benefits to $5,000. Life, accident, health or annuity benefits or proceeds, if beneficiary is a New Mexico citizen.
Personal Property: Books. Health equipment and furniture. Building supplies. Jewelry up to $2,500. Oil and gas equipment. One motor vehicle up to $4,000. Clothing. Cooperative association shares.
Tools of Trade: Tools and implements up to $1,500.
Miscellaneous: Business partnership property. Ownership interest in unincorporated association.
Wages: Exempt as to greater of 75% of wages or 40 times federal minimum wage.
Public Benefits:Workers' compensation. Unemployment compensation. AFDC. General assistance. Crime victim's compensation. Occupational disease disablement benefits.
Wild Card: $500 of any personal property, or $2,000 of any property if homestead not claimed.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
New York Post-Judgment Asset Exemptions
Homestead: Real property, including co-op, condo or mobile home, up to $10,000. Husband and wife may double the exemption.
Pensions and Retirement Benefits: ERISA-qualified benefits needed for support. Funds exempt for public retirement benefits of state employees and village police officers. IRA exemptions for conventional, Roth and SIMPLE plans, limited to contributions that are made more than 90 days before court action.
Insurance: Annuity contract benefits due or prospectively due the debtor, who paid for the contract; if purchased within 6 months of filing for bankruptcy and not tax-deferred, only $5,000. Disability or illness benefits to $400 per month. Life insurance proceeds and avails if the person effecting the policy is the spouse of the insured. Life insurance proceeds left at death with the insurance company pursuant to agreement, if clause prohibits proceeds from being used to pay beneficiary's creditors.
Personal Property: Bible. Schoolbooks. Books up to $50. Pictures. Clothing. Church pew or seat. Stoves with fuel to last 60 days. Sewing machine. Domestic animal with food to last 60 days up to $450. Food to last 60 days. Furniture. Refrigerator. TV. Radio. Wedding ring. Watch to $35. Crockery. Cooking utensils and tableware needed. Burial plot without structure to 1/4-acre. Cash, the lesser of either $2,500 or an amount, that, with annuity, totals $5,000 in lieu of homestead. Health aids including animals with food. Lost earnings recoveries needed for support. Motor vehicle up to $2,400. Personal injury recoveries up to $7,500 (not to include pain and suffering). Security deposits to landlord. Utility company trust fund principal and 90% of income. Wrongful death recoveries for death of person who supported you, to the extent needed for support.
Tools of Trade: Farm machinery, team, food for 60 days, professional furniture, books and instruments to $600 total. Uniforms, medal, equipment, emblem, horse, arms and sword of military member.
Miscellaneous: Business partnership property. Alimony. Child support necessary for support.
Wages: 90% of earnings from milk sales to milk dealers. 90% of earned but unpaid wages received within 60 days of filing for bankruptcy (100% for a few militia members).
Public Benefits: Unemployment compensation. Workers compensation. Social Security. Home relief. Local public assistance. Aid to blind, aged and disabled. AFDC. Veteran's benefits. Crime victim's compensation.
Wild Card: None.
North Carolina Post-Judgment Asset Exemptions
Homestead: Homestead real or personal property, including co-op, used as residence up to $10,000. Spouse may double. Up to $3,500 of unused portion of homestead may be applied to any property.
Pensions and Retirement Benefits: Funds exempt for firefighters and rescue squad workers, legislators, law enforcement officers, municipal city and county employees, teachers and state employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans, but subject to statutory liens and consensual liens.
Insurance: Fraternal society benefits. Employee group life policy or proceeds.
Miscellaneous: Business partnership property.
Personal Property: Animals, crops, musical instruments, books, clothing, furnishings, household goods up to $3,500; may add $750 per dependent, up to $3,000 total additional. Burial plot up to $10,000 in lieu of homestead. Health aids. Motor vehicle up to $1,500. Personal injury and wrongful death recoveries for person who supported you.
Public Benefits: Unemployment compensation. Workers compensation. AFDC. Special adult assistance. Aid to blind. Crime victim's compensation.
Tools of Trade: Tools and implements up to $750, if not purchased within 90 days of filing.
Wages: Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support.
Wild Card: $3,500 less any amount claimed for homestead or burial exemption, for any property.
North Dakota Post-Judgment Asset Exemptions
Homestead: Real estate, house trailer or mobile home up to $80,000. Sales and insurance proceeds also exempt.
Pensions and Retirement Benefits: ERISA-qualified pensions and IRAs (conventional, Roth, SEP, SIMPLE) up to $100,000 per plan, total cannot exceed $200,000, unless reasonably necessary for support of debtor or dependents. Funds exempt for disabled veteran's benefits and public employees pensions.
Insurance: Life insurance surrender value up to $200,000 if policy is payable to surviving spouse, dependents or other relatives, and policy owned more than one year before bankruptcy action. The $200,000 limit includes ERISA-qualified retirement benefits and IRAs. Life insurance payable to insured's estate. Fraternal society benefits.
Personal Property: Books up to $100. Pictures. Clothing. Burial plots. Church pew. Cash up to $7,500, in lieu of homestead. Crops raised on debtors land not to exceed 160 acres. Motor vehicle up to $1,200. Personal injury recoveries up to $7,500 (excluding pain and suffering). Wrongful death recoveries up to $7,500. Head of household not claiming crops may claim up to $5,000 of any personal property or any of the following: library and tools of profession up to $1,000, livestock and farm implements up to $4,500, tools and stock in trade up to $1,000, furniture up to $1,000, books and musical instruments up to $1,500. Non-head of household not claiming crops may claim up to $2,500 of any personal property in addition to above.
Tools of Trade: None.
Miscellaneous: Business partnership property.
Wages: Minimum 75% of earned but unpaid wages.
Public Benefits: Unemployment compensation. Workers' compensation. AFDC. Crime victim's compensation. Social Security. Vietnam veteran's adjustment compensation.
Wild Card: None.
Ohio Post-Judgment Asset Exemptions
Homestead: Real or personal property used as residence up to $5,000. Property held as tenancy by the entirety exempt against debt of only one spouse.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for firefighters' and police officers' death benefits and pensions, public employees, state highway patrol employees and volunteer firefighters' dependents. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans.
Insurance: Group life insurance policy or proceeds. Life, endowment or annuity contracts. Life insurance proceeds for a spouse. Life insurance proceeds if proceeds cannot be used to pay beneficiary's creditors. Health and accident benefits. Disability benefits to $600 per month. Fraternal society benefits. Benevolent society benefits up to $5,000.
Personal Property: Animals, crops, books, musical instruments, clothing, appliances, household goods, furnishings, sporting equipment and firearms up to $200 per item, up to $1,500 total, $2,000 if no homestead claimed. Jewelry up to $400 for 1 item and $200 per item for all other jewelry, up to $1,500 total, $2,000 if no homestead claimed. Cash, money due within 90 days, bank and security deposits, and tax refunds up to $400 total. Personal injury recoveries up to $5,000 (excluding pain and suffering). Motor vehicle up to $1,000. Stove and refrigerator up to $300 each. Burial place. Prescribed health aids. Wrongful death recoveries.
Tools of Trade: Tools and implements up to $750.
Miscellaneous: Business partnership property. Alimony and child support needed for support.
Wages: The greater of 30 times the current federal minimum wage or 75% of the debtor's disposable weekly earnings, which are due for up to 30 days.
Public Benefits: Unemployment compensation. Workers' compensation. AFDC. Crime victim's compensation. Vocational rehabilitation benefits. Tuition credit.
Wild Card: $400 of any property.
Oklahoma Post-Judgment Asset Exemptions
Homestead: Real property or manufactured home to unlimited value up to 1 acre in city, town or village, or 160 acres elsewhere. If more than 25% of property is used for business, up to $5,000 on 1 acre in city, town or village, or 160 acres elsewhere.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for law enforcement employees, public employees, teachers, county employees and disabled veterans. IRA exemptions for conventional, SEP and SIMPLE plans. IRA protection limited to tax-deductible contributions only.
Insurance: Fraternal society benefits. Funeral benefits. Group term life insurance. Limited stock insurance benefits.
Personal Property: Books. Portraits. Pictures. Burial plots. Clothing up to $4,000. Furniture. Motor vehicle up to $3,000. Claim for personal bodily injury and workers' compensation recoveries up to $50,000, exclusive of claims for punitive damages.
Tools of Trade: Tools and implements up to $5,000, if used in business or trade of debtor or dependent.
Miscellaneous: Business partnership property. Alimony. Child support.
Wages: Exempt to the extent of 75% of wages earned during 90 days prior to filing, except for support claims. Judge can increase amount available except in support cases on showing of hardship.
Public Benefits: Unemployment compensation. Workers' compensation. Social Security. AFDC. Crime victim's compensation.
Wild Card: None.
Oregon Post-Judgment Asset Exemptions
Homestead: Real property, mobile home or houseboat the debtor occupies or intends to occupy up to $25,000 ($33,000 for joint owners); if the debtor doesn't own land mobile home is on, up to $20,000. Property cannot exceed 1 block in town or city or 160 acres elsewhere. Sale proceeds exempt 1 year form sale, if debtor intends to purchase another home.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for public employees or officers, and school district employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans
Insurance: Annuity contract benefits to $500 per month. Fraternal society benefits. Group life insurance policy or proceeds not payable to the insured. Health or disability proceeds or avails. Life insurance proceeds or cash value if the debtor is not the insured.
Personal Property: Books, pictures and musical instruments to $600 total (husband and wife may double). Burial plots. Bank deposits up to $7,500 which are derived from exempt assets. Clothing, jewelry and other personal items up to $1,800 total (husband and wife may double). Domestic animals. Poultry with food to last 60 days to $1,000. Food and fuel to last 60 days if debtor is householder. Furniture, household items, utensils, radios and TVs up to $3,000 total. Health aids. Lost earnings payments for debtor or someone debtor depended on, to extent needed (husband and wife may double). Motor vehicle up to $1,700 (husband and wife may double). Personal injury recoveries up to $10,000, not to include pain and suffering (husband and wife may double). Pistol, rifle or shotgun if owned by person over 16, up to $1,000.
Tools of Trade: Tools and implements up to $3,000. Husband and wife may double.
Miscellaneous: Business partnership property. Alimony. Child support. Liquor licenses.
Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind and disabled benefits. Crime victim's compensation (husband and wife may double). Civil defense and disaster relief. General assistance. Injured inmate's benefits. Medical assistance. Old-age assistance. Vocational rehabilitation.
Wages: Minimum of 75% of earned but unpaid wages.
Wild Card: $400 of any otherwise nonexempt personal property. Husband and wife may double.
Pennsylvania Post-Judgment Asset Exemptions
Homestead: None. However, property held as tenancy by the entirety may be exempt against the debts owed by only one spouse.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for city employees, county employees, municipal employees, police officers, public school employees and state employees. Private retirement benefits exempt if clause prohibits proceeds from being used to pay beneficiary's creditors, to extent tax-deferred, limited to $15,000 per year deposited, and no exemption for amount deposited within 1 year of filing. IRA exemptions for conventional, SEP and SIMPLE plans, subject to above limits.
Insurance: Life insurance annuity policy, cash value or proceeds if beneficiary is insured's dependent, child or spouse. Insurance policy or annuity contract payments, where insured is the beneficiary, cash value or proceeds to $100 per month. Group life insurance policy or proceeds. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Accident or disability benefits. Fraternal society benefits. No-fault automobile insurance proceeds.
Personal Property: Bibles. Schoolbooks. Sewing machines. Clothing. Tangible personal property at an international exhibit sponsored by U.S. government. Uniform and accoutrements.
Tools of Trade: None.
Miscellaneous: Business partnership property.
Wages: Earned but unpaid wages.
Public Benefits: Unemployment compensation. Workers' compensation. Crime victim's compensation. Korean conflict veteran's benefits. Veteran's benefits.
Wild Card: $300 of any property.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Rhode Island Post-Judgment Asset Exemptions
Homestead: Real property up to $150,000. Co-owners cannot double. Property held as tenancy by entirety exempt against debt of only one spouse.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for public employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Non-Roth IRAs limited to tax-deductible amounts.
Insurance: Life insurance if a clause prohibits payment to creditors. Fraternal society benefits. Accident and sickness insurance. Temporary liability insurance.
Personal Property: All necessary clothing. Books up to $300. Household furniture up to $8,600. Jewelry up to $1,000. Motor vehicle up to $10,000. One lot or right of burial for deceased person's body. Consumer cooperative association up to $50 interest. Debts secured by promissory notes.
Tools of Trade: Working tools for debtor's use up to $1,200. Uniforms, arms and equipment for militia members.
Miscellaneous: Business partnership property. Earnings of a minor child.
Wages: Wages of spouse. Wages due militia members. Seaman's unpaid wages. Unpaid wages to all other debtors up to $50.
Public Benefits: Unemployment compensation. Workers' compensation. AFDC. General assistance.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
South Carolina Post-Judgment Asset Exemptions
Homestead: Real or personal property, or co-op association, up to $5,000. Joint owners may double.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for Social Security and miscellaneous state and local employee retirement systems. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Warnings: IRAs limited to payments, and not balance in plans. Also, no protection for IRAs that are established by an "insider" of the debtor. This provision could eliminate the protection otherwise offered to small business owners by SEP and SIMPLE plans.
Insurance: Life insurance for the benefit of spouse, children or dependents, if purchased more than 2 years prior to filing. Life insurance up to $4,000 on debtor's provider. Any unmatured life insurance policy other than credit life. Proceeds of life insurance or annuity contract. Fraternal society benefits. Wrongful death and bodily injury to debtor's provider.
Personal Property: One motor vehicle up to $1,200. Household furnishings and goods, clothing, appliances, books, animals, crops, musical instruments up to $2,500. Cash up to $1,000 in lieu of homestead or burial lot, Jewelry up to $500. Health aids. One burial plot, as an alternative to the homestead exemption.
Tools of Trade: Tools and implements up to $750.
Miscellaneous: Business partnership property. Alimony. Child support.
Wages: None.
Public Benefits: Unemployment compensation. Social Security. Public assistance. Crime victim's compensation.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
South Dakota Post-Judgment Asset Exemptions
Homestead: Real property, including mobile home larger than 240 square feet at its base and registered in state at least 6 months before filing for bankruptcy, to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere. Sale proceeds to $30,000 or unlimited if the debtor is over the age of 70, or an unmarried widow or widower, exempt for 1 year after sale. Can't include gold or silver mill smelter or mine. Spouse or children of deceased owner may claim homestead exemption. May file homestead declaration.
Pensions and Retirement Benefits: Funds exempt for public employees and city employees. Maximum of $250,000 for all plans. IRA exemptions for conventional, SEP and SIMPLE plans, subject to above aggregate limit.
Insurance: Annuity contract proceeds to $250 per month. Endowments and life insurance policy, proceeds or cash value to $20,000. Life insurance proceeds held pursuant to agreement by insurer, if clause prohibits proceeds from being used to pay beneficiary's creditors. Life insurance proceeds to $12,000 if beneficiary is a surviving spouse or child. Fraternal society benefits. Health benefits to $20,000.
Miscellaneous: Business partnership property.
Personal Property: Bible. Books up to $200. Pictures. Burial plots. Church pew. Food and fuel to last 1 year. Clothing. Head of family may claim up to $6,000 of any personal property or books and musical instruments up to $200, 2 cows, 5 swine, 25 sheep with lambs under 6 months, wool, cloth or yarn of sheep, food for all to last 1 year, farming machinery, utensils, tackle for teams, harrow, 2 plows, sleigh, wagon up to $1,250 total, furniture, including bedsteads and bedding up to $200, library and tools of professional up to $300, tools of mechanic and stock in trade up to $200. Non-head of family may claim up to $4,000 of any personal property.
Tools of Trade: None.
Wages: Earned wages owed 60 days before filing bankruptcy, needed for support of family. Wages of prisoners in work program.
Public Benefits:Workers' compensation. Unemployment benefits. AFDC.
Wild Card: None.
Tennessee Post-Judgment Asset Exemptions
Homestead: Real property up to $5,000, or $7,500 for joint owners; life estate; 2-15 year lease. Spouse or children of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for public employees, state and local government employees and teachers. IRA exemptions for conventional, SEP and SIMPLE plans.
Insurance: Accident, health or disability benefits. Homeowner's insurance proceeds to $5,000. Fraternal society benefits.
Personal Property: Bible. Schoolbooks. Pictures. Portraits. Clothing and storage containers. Burial plot up to 1 acre. Health aids. Lost earnings payments for you or person supported you. Personal injury recoveries up to $7,500 (excluding pain and suffering); wrongful death recoveries up to $10,000; maximum of $15,000 total for personal injury, wrongful death and crime victim's compensation.
Tools of Trade: Tools and implements up to $1,900.
Miscellaneous: Business partnership property. Alimony owed for 30 days prior to filing bankruptcy.
Wages: 75% of earned but unpaid wages, and $2.50 per week per child.
Public Benefits: Unemployment compensation. Workers' compensation. Social Security. Veteran's benefits. AFDC. Aid to blind. Aid to disabled. Crime victim's compensation up to $5,000. Local public assistance. Old-age assistance.
Wild Card: $4,000 in any personal property.
Texas Post-Judgment Asset Exemptions
Homestead: Unlimited. However, property cannot exceed 1 acre in town, village or city, or 100 acres (200 acres for families) elsewhere. Sale proceeds exempt for 6 months after sale. Debtor need not occupy homestead if debtor does not acquire another home. May file a homestead declaration.
Pensions and Retirement Benefits: ERISA-qualified government or church benefits. Funds exempt for county and district employees, firefighters, judges (Keoghs to extent tax-deferred), law enforcement officers' survivors, municipal employees, police officers, state employees and teachers. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Except for Roth IRAs, IRAs limited to tax-deductible contributions.
Insurance: Life, health, accident or annuity benefits or monies, including policy proceeds and cash values to be paid or rendered to beneficiary or insured. Life insurance present value if beneficiary is debtor or debtor's dependent. Retired public school employees' group insurance. Texas employee uniform group insurance. Texas state college or university employee benefits. Fraternal society benefits. Church plan benefits.
Personal Property: Athletic and sporting equipment, including bicycles. 2 firearms. Home property furnishings, including family heirlooms. Food. Clothing. Jewelry (not to exceed 25% of total exemptions). One two-, three- or four-wheeled motor vehicle per member of family or single adult who holds a driver's license, or who operates vehicle for someone else who does not have a license. 2 horses, mules or donkeys and a saddle, blanket and bridle for each; 12 head of cattle; 60 head of other types of livestock; 120 fowl and pets all up to $30,000 total ($60,000 for head of family). Burial plots. Health aids. $30,000/$60,000 total is reduced by exemptions claimed for tools of trade, unpaid commissions and life insurance cash value.
Tools of Trade: Tools, equipment, apparatus (including boat), motor vehicles, and books used in trade. Farming and ranching implements.
Miscellaneous: Business partnership property.
Wages: Earned but unpaid wages; unpaid commissions up to 75%.
Public Benefits: Unemployment compensation. Workers' compensation. AFDC. Crime victim's compensation. Medical assistance.
Wild Card: None.
Or you have the option to file under Federal Bankruptcy Exemption amounts:
Federal Bankruptcy Exemptions - The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.
- Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
- Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
- Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Unmatured life insurance contract, except credit insurance policy.
- Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
- Tools of Trade: Implements, books and tools of trade up to $1,850.
- Miscellaneous: Alimony. Child support needed for support.
- Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
- Public Benefits:Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
- Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.
Utah Post-Judgment Asset Exemptions
Homestead: Real property, mobile home or water rights up to $20,000. Joint owners may double. Proceeds from sale exempt for 1 year. Must file homestead declaration before attempted sale of home.
Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for public employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans, for contributions made more than 1 year prior to filing.
Insurance: Life insurance policy cash surrender value to $1,500. Life insurance if beneficiary is insured's spouse or dependent as needed for support. Disability, illness, medical or hospital benefits. Fraternal society benefits.
Personal Property: Animals, books and musical instruments up to $500 total. Artwork depicting or done by family member. Bed. Bedding. Carpets. Washer and dryer. B