Federal Exemptions
Married couples who file for bankruptcy jointly may double all federal exemptions. Federal exemption amounts are adjusted based on the Consumer Price Index every 3 years ending on April 1st (last adjustment, 2007).
The following states allow debtors to choose federal bankruptcy exemptions. Filers must claim either federal bankruptcy exemptions or state ones – no mixing and matching between the two systems.
Arkansas | Connecticut | District of Columbia | Hawaii |
Massachusetts | Michigan | Minnesota | New Hampshire |
New Jersey | New Mexico | Pennsylvania | Rhode Island |
Texas | Vermont | Washington | Wisconsin |
Homestead
$20,200 of real property, including co-op or mobile home, or burial plot. The unused portion of the homestead exemption can be used for any property, up to $10,125.
Personal Property
The following personal property may be exempt, either wholly or up to the dollar amount given:
- $20,200 of personal injury lawsuit awards (not to include pain & suffering or pecuniary loss)
- $3,225 for vehicle
- $1,350 of jewelry
- Health aids
- Wrongful death lawsuit awards for person the filer depended on
- The following personal property may be exempt to a per-item limit of $525 and an aggregate total of $10,775:
- Animals
- Appliances
- Books
- Crops
- Clothing
- Furnishings
- Household goods
- Musical Instruments
Insurance
- $10,775 of life insurance policy with loan value, in accrued dividends or interest
- Disability, illness or unemployment benefits
- Life insurance payments from policy for person filer depended on, needed for support
- Unmatured life insurance contract, except credit insurance policy
Pensions
- Tax-exempt retirement accounts such as 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs and defined benefit plans.
- $1,095,000 per person of IRAs and Roth IRAs
Public Benefits
- Crime victims’ compensation
- Public assistance
- Social Security
- Unemployment benefits
- Veterans’ benefits
Miscellaneous
- $10,125 of unused homestead exemption amount for any property
- $2,025 of implements, books and tools of the trade
- $1,075 of any property
- Alimony and child support needed for financial support
Federal Bankruptcy Exemption Laws
Real Property
11 U.S.C. 522(d)(1); (d)(5) Homestead: Real property, including co-op or mobile home, or burial plot to $20,200; unused portion of homestead to $10,125 may be applied to any property.
Personal Property
11 U.S.C. 522(d)(10)(D) Alimony, child support needed for support
11 U.S.C. 522(d)(3) Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $522 per item, $10,775 total
11 U.S.C. 522(d)(9) Health aids
11 U.S.C. 522(d)(4) Jewelry to $1,350
11 U.S.C. 522(d)(11)(E) Lost earnings payments
11 U.S.C. 522(d)(2) Motor vehicle to $3,225
11 U.S.C. 522(d)(11)(D) Personal injury recoveries to $20,200 (not to include pain & suffering or pecuniary loss)
11 U.S.C. 522(d)(11)(B) Wrongful death recoveries for person you depended on
11 U.S.C. 522(d)(6) Implements, books, & tools of trade to $2,025
Wages: None
Insurance Exemptions
11 U.S.C. 522(d)(10)(C) Disability, illness or unemployment benefits
11 U.S.C. 522(d)(11)(C) Life insurance payments from policy for person you depended on, needed for support
11 U.S.C. 522(d)(8) Life insurance policy with loan value, in accrued dividends or interest, to $10,775
11 US.C. 522(d)(7) Unmatured life insurance contract, except credit insurance policy
Retirement Benefits
11 U.S.C. 522(b)(3)(C) Tax exempt retirement accounts (inlcuding 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined-benefit plans)
11 U.S.C. 522(b)(3)(C)(n) IRAs and Roth IRAs to $1,095,000 per person
Public Benefits
11 U.S.C. 522(d)(11)(A) Crime victims' compensation
11 U.S.C. 522(d)(10)(A) Public assistance
11 U.S.C. 522(d)(10)(A) Social Security
11 U.S.C. 522(d)(10)(A) Unemployment compensation
11 U.S.C. 522(d)(10)(A) Veterans' benefits
Wildcard
11 U.S.C. 522(d)(5) $1,075 of any property
11 U.S.C. 522(d)(5) Up to $10,125 of unused homestead exemption amount, for any property
Federal Nonbankruptcy Exemptions
These exemptions are available only if you select your state exemptions. You may use them for any exemptions in addition to those allowed by your state, but they cannot be claimed if you file using federal bankruptcy exemptions.
Death and Disability Benefits
5 U.S.C. 8130 Government Employees
33 U.S.C. 916 Longshoremen and harbor workers
42 U.S.C. 1717 War risk, hazard, death or injury compensation
Retirement Benefits
5 U.S.C. 8346 Civil service employees
22 U.S.C. 4060 Foreign Service employees
38 U.S.C. 1562(c) Military Medal of Honor roll pensions
10 U.S.C. 1440 Military service employees
45 U.S.C. 231m Railroad workers
42 U.S.C. 407 Social Security
38 U.S.C. 5301 Veterans' benefits
Survivor's Benefits
28 U.S.C. 376 Judges, U.S. court and judicial center directors, administrative assistants to U.S. Supreme Court Justice
33 U.S.C. 775 Lighthouse workers
10 U.S.C. 1450 Military Service
Miscellaneous
25 U.S.C. 410 Indian lands or homestead sales or lease proceeds
25 U.S.C. 543; 545 Klamath Indian tribe benefits for Indians residing in Oregon
10 U.S.C. 1035 Military deposits in savings accounts while on permanent duty outside U.S.
38 U.S.C. 1970(g) Military group life insurance
45 U.S.C. 352(e) Railroad workers' unemployment insurance
46 U.S.C. 11110 Seamen's clothing
46 U.S.C. 11109 Seamen's wages (while on a voyage) pursuant to a written contract
15 U.S.C. 1673 Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors