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