Pennsylvania Bankruptcy Exemption Statutes
NOTE: Federal Bankruptcy exemptions ARE available for Pennsylvania filers. But filers must claim either federal bankruptcy exemptions or state ones – no mixing and matching between the two systems.
Homestead
No exemption for homestead property in Pennsylvania. However, if filer has property held as a tenancy by the entirety (i.e. a form of joint ownership of property between spouses), the property may be exempt from creditors of the debts of a single spouse.
Personal Property
The following personal property may be exempt, either wholly or up to the dollar amount given:
- Bibles and schoolbooks
- Clothing
- Military uniforms and paraphernalia
- Sewing machines
Insurance
- $100 per month of cash values or proceeds of insurance policy or annuity contract payments where insured is the beneficiary
- Life insurance annuity policy cash value or proceeds if beneficiary is spouse, child or dependent
- Life insurance proceeds, if policy includes a clause prohibiting proceeds from being used to pay the creditors of the beneficiary
- Group life insurance policy or proceeds
- Accident or disability benefits
- Fraternal benefits society benefits
- No-fault car insurance proceeds
Pensions (note: tax-exempt retirement accounts such as 401(k)s, 403(b)s, defined benefit plans, and IRAs and Roth IRAs up to $1,095,000 are exempt under federal law)
- Private retirement benefits, to the extent that they are tax-deferred, if benefits package includes a clause prohibiting proceeds from being used to pay the creditors of the beneficiary; limit of $15,000 per year made at least 1 year before filing (rollovers from other exempt funds or accounts do not count towards the limit)
- Pensions for the following occupations are exempt under PA law:
- City employees
- County employees
- Municipal employees
- Police officers
- Public school employees
- State employees
Public Benefits
- Crime victims’ compensation
- Korean war veterans’ benefits
- Unemployment benefits
- Veterans’ benefits
- Workers’ compensation
Miscellaneous
- Wages:
- Earned but unpaid wages
- Prison inmate’s wages
- Wages of victims of abuse
- Property of business partnership
- Seamstress’s sewing machine
- $300 of any property, including cash, real estate, securities, or sale proceeds of any exempt property
The Pennsylvania Code, including laws related to exemptions, is available here.
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.