Ohio Bankruptcy Exemption Statutes

Homestead

$5,000 of real or personal property used as residence. Property that is held as a tenancy by the entireties (i.e. a form of joint ownership of property between spouses) may be exempt for debts owned only by one spouse.

Personal Property

The following personal property may be exempt, either wholly or up to the dollar amount given:

  • $1,000 for vehicle
  • $200 per item of beds, bedding and clothing
  • $400 of cash, money due within 90 days of filing, tax refund, bank, security and utility deposits
  • $300 each for cooking unit & refrigerator
  • Burial plot
  • Professionally prescribed health aids
  • Tuition credit or payment
  • Lost future earnings lawsuit awards needed for support received during 12 months before filing
  • $5,000 of personal injury lawsuit awards received during 12 months before filing
  • Lawsuit awards for wrongful death of person filer depended on, needed for support, received during 12 months before filing
  • The following personal property exemptions may total no more than $1,000; $2,000 if filer does not claim a homestead exemption:
  •  
    • $200 per item of hunting and fishing equipment
    • $400 for one item of jewelry, $200 for all other items of jewelry
    • Animals
    • Crops
    • Books
    • Household goods
    • Furnishings
    • Firearms

Insurance

  • $5,000 of benevolent society benefits
  • $600 per month of disability benefits
  • Life, endowment or annuity contract avails for spouse, child or dependent
  • Life insurance proceeds for spouse
  • Life insurance proceeds, if policy includes a clause prohibiting proceeds from being used to pay the creditors of the beneficiary
  • Fraternal benefit society benefits
  • Group life insurance policy or proceeds

Pensions (note: tax-exempt retirement accounts such as 401(k)s, 403(b)s, defined benefit plans, and traditional and Roth IRAs up to $1,095,000 are exempt under federal law)

  • ERISA-qualified benefits needed for support
  • IRAs, Roth IRAs and Keoghs needed for support
  • Pensions for the following occupations are exempt under OH law:
    • Firefighters, police officers
    • Public employees
    • Public safety officers’ death benefit
    • Public school employees
    • State highway patrol employees
    • Volunteer firefighters’ dependents

Public Benefits

  • Crime victims’ compensation, received no more than 12 months before filing
  • Disability assistance
  • Public assistance
  • Unemployment benefits
  • Vocational rehabilitation benefits
  • Workers’ compensation

Miscellaneous

  • Wages:
    • At least 75% of disposable weekly earnings or 30 times federal hourly minimum wage, whichever is more; the bankruptcy judge may allow more for low-income filers
  • $750 of implements, books and tools of trade
  • $400 of any property
  • Alimony, child support needed for financial support
  • Property of business partnership

The Ohio Code is available here.  Links to specific sections regarding state exemptions follow below.

Please note: Laws may have changed since our last update. For the latest publication, please visit the state legislature sites directly, or speak with a bankruptcy attorney near you.

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(1)(b) - Homestead: Real or personal property used as a residence to $5,000

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(4)(b),(c),(d) - Personal Property: Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $200 per item; jerwelry to $400 for 1 item, $200 for all others; $15,00 total ($2,000 if no homestead exemption claimed)

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(3) - Personal Property: Beds, bedding clothing to $200 per item

Ohio Code TITLE [5] V Chapter 517.09 - Personal Property: Burial plot

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(8) - Personal Property: Burial plot

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(4)(a) - Personal Property: Cash, money due within 90 days, tax refund bank, security, & utility deposits to $400 total

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(12)(d) - Personal Property: Compensation for lost future earnings needed for support, received during 12 months before filing

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(3) - Personal Property: Cooking unit & refrigerator to $300 each

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(7) - Personal Property: Health aids (professionally prescribed)

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(2)(b) - Personal Property: Motor vehicle to $1,000

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(12)(c) - Personal Property: Personal injury recoveries to $5,000, received dring 12 months before filing

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(16) - Personal Property: Tuition credit or payment

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(12)(b) - Personal Property: Wrongful death recoverios for person debtor depended on, needed for support, received during 12 months before filing

Ohio Code TITLE [23] XXIII Chapter 2329.63 - Insurance: Benevolent society benefits to $5,000

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(6)(a) - Insurance: Benevolent society benefits to $5,000

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(6)(e) - Insurance: Disability benefits to $600 per month

Ohio Code TITLE [39] XXXIX Chapter 3923.19 - Insurance: Disability benefits to $600 per month

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(6)(d) - Insurance: Fraternal benefit society benefits

Ohio Code TITLE [39] XXXIX Chapter 3921.18 - Insurance: Fraternal benefit society benefits

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(6)(c) - Insurance: Group life insurance policy or policies

Ohio Code TITLE [39] XXXIX Chapter 3917.05 - Insurance: Group life insurance policy or policies

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(6)(b) - Insurance: Life, endowment, or annuity contract avails for your spouse, child or dependent

Ohio Code TITLE [39] XXXIX Chapter 3911.12 - Insurance: Life insurance proceeds for a spouse

Ohio Code TITLE [39] XXXIX Chapter 3911.14 - Insurance: Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors

11 U.S.C § 522 (b)(3)(C) - Pensions: Tax-exempt retirement accounts, including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined-benefit plans

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(10)(b) - Pensions: ERIS-qualified benefits needed for support

Ohio Code TITLE [7] VII Chapter 742.47 - Pensions: Firefighters, police officers

 Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(10)(c),(a) - Pensions: IRAS, Roth IRAs, & Keoghs needed for support

Ohio Code TITLE [1] I Chapter 145.56 - Pensions: Public employees

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(10)(a) - Pensions: Public safety officers' death benefits

Ohio Code TITLE [33] XXXIII Chapter 3309.66 - Pensions: Public School Employees

Ohio Code TITLE [55] LV Chapter 5505.22 - Pensions: State highway patrol employees

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(12)(a), Ohio Code TITLE [27] XXIII Chapter 2743.66(D) - Public Benefits: Crime victim's compensation received during 12 months before filing

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(9)(f), Ohio Code TITLE [51] LI Section 5115.07 - Public Benefits: Disabillity assistance payments

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(9)(d);(e), Ohio Code TITLE [51] LI Chapter 5107.75, Ohio Code TITLE [51] I Chpater 5108.08 - Public Benefits: Pubic assistance

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(9)(c), Ohio Code TITLE [41] XLI Chapter 4141.32 - Public Benefits: Unemployment compensation

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(9)(a), Ohio Code TITLE [33] XXXIII Chapter 3304.19 - Public Benefits: Vocational rehabilitation benefits

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(9)(b), Ohio Code TITLE [41] XLI Chapter 4123.67 - Public Benefits: Workers' compensation

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(5) - Tools of Trade: Implements, books, & tools of trade to $750

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(13) - Wages: Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is higher; bankruptcy judge may authorize more for low-income debtors

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(11) - Miscellaneous: Alimony, child support needed for support

Ohio Code TITLE [17] XVII Chapter 1775.24 - Miscellaneous: Property of business partnership

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(14) - Miscellaneous: Property of business partnership

Ohio Code TITLE [23] XXIII Chapter 2329.66(A)(18) - Wildcard: $400 of any property