Chapter 7 Bankruptcy Exemptions and Non-Exemption Laws

When you file for Chapter 7 bankruptcy, the bankruptcy trustee will take over all your assets and liquidate them to pay your creditors. However you will be allowed to retain certain assets. Such assets are called exempt assets. Assets that are not exempt are called non-exempt assets and will be taken over by the bankruptcy trustee.

State or Federal Exemption

On the top of Form Schedule C, there are two boxes labeled "522(b)(1)" and "522(b)(2)". Select the box labeled “533(b)(1)” if you are choosing federal exemptions. The box labeled “522(b)(2) must be selected if you are choosing state exemptions.

Form Schedule C

To claim exemption, you must list the asset on Form Schedule C providing a description of the asset as well as the value of the asset. There are state and federal exemptions. In most states, you have to use the state exemptions but some states allow you to select either the federal or the state exemption. If you choose the state exemption, you may also be permitted to use the federal non-bankruptcy exemptions.

State laws

State laws list the assets that you can claim as exempt under state bankruptcy exemption.

Alabama Exemptions and Non-Exemptions

  • Real property or mobile home to $5,000; property cannot exceed 160 acres (husband & wife may double)
  • 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors. (With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage)
  • Clothes, family pictures and family books
  • Wild Card- $3,000 of any personal property, except wages (husband & wife may double)

Alaska Exemptions and Non-Exemptions

  • Principal residence up to $70,200 (joint owners may each claim a portion, but total can't exceed $70,200)
  • Weekly net earnings to $456; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,820 in cash or liquid assets paid any month; for sole wage earner in household, $2,860
  • Up to $3,900 worth of one vehicle, as long as the total value of the vehicle does not exceed $26,000.
  • Up to $3,900 worth of total personal property, including: clothing and household goods, books and musical instruments.
  • Up to $1,300 worth of jewelry.
  • Up to $3,640 worth of professional books, tools and implements.
  • Up to $1,300 of pets.
  • 100 percent of health aids, burial plots and certain benefits.

Arizona Exemptions and Non-Exemptions

  • $150,000 for real property, an apartment, or mobile home you occupy to; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first (husband & wife may not double)
  • 75% of earned but unpaid weekly net earnings or 30 times the federal minimum hourly wage; 50% of wages for support orders; bankruptcy judge may authorize more for low-income debtors
  • Automobiles- Up to $5,000 ($10,000, if debtor is physically disabled)
  • Other Property - household furniture & appliances to $4,000; food and fuel to last six months; $500 of clothing; health aids

Arkansas Exemptions and Non-Exemptions

  • For married person or head of family: unlimited exemption on real or personal property used as residence to 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, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Automobiles- $1,200
  • Clothing, wedding rings
  • Wild Card - $500 of any personal property if married or head of family; $200 if not married

California Exemptions and Non-Exemptions

  • Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & gross annual income under $15,000 or married & gross annual income under $20,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Minimum 75% of wages paid within 30 days prior to filing
  • Motor vehicles to $2,725, or $2,725 in auto insurance for loss or damages (husband and wife may not double)
  • Jewelry, heirlooms & art to $7,175 total (husband and wife may not double), Health aids
  • Building materials to repair or improve home to $2,875 (husband and wife may not double)
  • Tools, implements, materials, instruments, uniforms, books, furnishings, & equipment to $7,175 total ($14,350 total if used by both spouses in same occupation); amount of exemption for commercial motor vehicle not to exceed $4,850 ($9,700 if used by debtor and spouse in same trade)

Colorado Exemptions and Non-Exemptions

  • Real property, mobile home, manufactured home, or house trailer you occupy to $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Motor vehicles or bicycles used for work to $6,000; to $10,000 if used by a debtor or by a dependent who is disabled or age 60 or older
  • Clothing to $1,500
  • Food & fuel to $600
  • Health aids
  • Household goods to $3,000
  • Jewelry & articles of adornment to $2,000
  • Family pictures & books to $1,500

Connecticut Exemptions and Non-Exemptions

  • Real property, including mobile or manufactured home, to $75,000 (husband & wife may double); applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital.
  • Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater
  • Automobiles- $3,500
  • Other Property- Wedding & engagement rings
  • Appliances, food, clothing, furniture, bedding
  • Health aids needed
  • Transfers to a nonprofit debt adjuster
  • Wild Card - $1,000 of any property

Delaware Exemptions and Non-Exemptions

  • $50,000 in equity in real estate or manufactured home that is debtor's principal residence (joint filers may not double)
  • 85% of earned but unpaid wages
  • Vehicle necessary for purposes of employment to $15,000 each
  • $25,000 (maximum) for any personal property and/or equity in real property, other than the debtor's principal residence
  • Tools of trade up to $15,000.
  • Wild Card - $500 of any personal property, except tools of trade, if head of family more

District of Columbia Exemptions and Non-Exemptions

  • Any property used as a residence or co-op that debtor or debtor's dependent uses as a residence
  • Minimum 75% of earned but unpaid wages, pension payments; bankruptcy judge may authorize more for low-income debtors
  • Nonwage (including pension & retirement) earnings to $200/mo for head of family; else $60/mo for a maximum of two months
  • Automobiles - $2,575
  • Appliances, books, clothing, household furnishings, and goods, musical instruments, pets to $425 per item or $8,625 total
  • All family pictures; and all the family library, to $400
  • Wild Card up to $850 in any property, plus up to $8,075 of unused homestead exemption

Florida Exemptions and Non-Exemptions

  • Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • 100% of wages for heads of family up to $500 per week either unpaid or paid and deposited into bank account for up to 6 months
  • Automobiles- Motor vehicle to $1,000
  • Any personal property to $1,000 (husband & wife may double)
  • $4,000 of any personal property in lieu of homestead exemption. This exemption does not apply to a debt owed for child support or spousal support.
  • Health aids

Georgia Exemptions and Non-Exemptions

  • Real or personal property, including co-op, used as residence to $10,000 ($20,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicles to $3,500
  • Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $300 per item, $5,000 total
  • Jewelry to $500
  • Health aids
  • Wild Card - Unused portion of homestead exemption to $5,000
  • $600 of any property

Hawaii Exemptions and Non-Exemptions

  • Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Unpaid wages due for services of past 31 days
  • Motor vehicle to wholesale value of $2,575
  • Jewelry, watches, & articles of adornment to $1,000
  • 100% of Appliances & furnishings, Books & Clothing used by debtor and family
  • 100% of Tools, implements, books, instruments, uniforms, furnishings, fishing boat, nets, motor vehicle, & other property needed for livelihood

Idaho Exemptions and Non-Exemptions

  • Real property or mobile home to $100,000; sale proceeds exempt for 6 months (husband and wife may not double)
  • Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater; pension payments; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - $5,000
  • Appliances, furnishings, books, clothing, pets, musical instruments, 1 firearm, family portraits, & sentimental heirlooms to $500 per item, $5,000 total
  • Building materials
  • Crops cultivated on maximum of 50 acres, to $1,000; water rights to 160 inches
  • Health aids
  • Jewelry to $1,000
  • Wild Card - $800 in any tangible personal property

Illinois Exemptions and Non-Exemptions

  • Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • Wages Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - $2,400
  • Bible, family pictures, schoolbooks, & clothing
  • Health aids
  • Implements, books, & tools of trade to $1,500
  • Wild Card - $4,000 of any personal property (does not include wages)

Indiana Exemptions and Non-Exemptions

  • Real or personal property used as residence to $15,000 (husband and wife may double);
  • Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
  • Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - No specific exemption
  • Health aids
  • $300 of any intangible personal property, except money owed to you
  • Wild Card - $8,000 of any real estate or tangible personal property

Iowa Exemptions and Non-Exemptions

  • Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Expected annual earnings Amount NOT exempt per year
      
    $0 to $12,000 $250
    $12,000 to $16,000 $400
    $16,000 to $24,000 $800
    $24,000 to $35,000 $1,000
    $35,000 to $50,000 $2,000
    More than $50,000 10%
  • Not exempt from spousal or child support
  • Automobiles - $7,000
  • Clothing & its storage containers, household furnishings, appliances, musical instruments, and other personal property to $7,000
  • Bibles, books, portraits, pictures, & paintings to $1,000 total
  • Rifle or musket; shotgun
  • Wedding or engagement rings, limited to $7,000 if purchased after the date of marriage and less than two prior to years of filing.
  • Wild Card - $1,000 of any personal property, including cash

Kansas Exemptions and Non-Exemptions

  • Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm
  • Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - $20,000; if designed or equipped for disabled person, no limit
  • Furnishings & household equipment
  • Clothing to last 1 year
  • Food & fuel to last 1 year
  • Jewelry & articles of adornment to $1,000
  • Tools of trade: Books, documents, furniture, instruments, equipment, breeding stock, seed, grain, & stock to $7,500 total

Kentucky Exemptions and Non-Exemptions

  • Real or personal property used as residence to $5,000; sale proceeds exempt
  • Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - $2,500
  • Burial plot to $5,000, in lieu of homestead
  • Clothing, jewelry, articles of adornment, & furnishings to $3,000 total
  • Wild Card - $1,000 of any property

Louisiana Exemptions and Non-Exemptions

  • Property you occupy to $25,000 (if debt is result of catastrophic or terminal illness or injury, limit is full value of property as of 1 year before filing); cannot exceed 5 acres in city or town, 200 acres elsewhere (husband & wife may not double)
  • Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - $7,500
  • $7,500 of equity in a motor vehicle modified for disability
  • Arms, military accoutrements; bedding; dishes, glassware, utensils, silverware (non-sterling); clothing, family portraits, musical instruments; bedroom, living room, & dining room furniture; poultry, 1 cow, household pets; heating & cooling equipment, refrigerator, freezer, stove, washer & dryer, iron, sewing machine
  • Engagement & wedding rings to $5,000

Maine Exemptions and Non-Exemptions

  • Real or personal property (including cooperative) used as residence to $47,500; if debtor has minor dependents in residence, to $95,000; if debtor over age 60 or physically or mentally disabled, $95,000 (joint debtors in this category may double); proceeds of sale exempt for six months
  • Automobiles - $5,000
  • Animals, crops, musical instruments, books, clothing, furnishings, household goods, appliances to $200 per item
  • Food to last 6 months
  • Fuel not to exceed 10 cords of wood, 5 tons of coal, or 1,000 gal. of heating oil
  • Jewelry to $750; no limit for one wedding & one engagement ring
  • Tools of trade
  • Wild Card - $400, in any property
  • Unused portion of exemption in homestead to $6,000; or unused exemption in animals, crops, musical instruments, books, clothing, furnishings, household goods, appliances, tools of the trade, & personal injury recoveries

Maryland Exemptions and Non-Exemptions

  • No Homestead Exemption however, property held as tenancy by the entirety is exempt against debts owed by only one spouse
  • Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Appliances, furnishings, household goods, books, pets, & clothing to $1000 total Clothing, books, tools, instruments, & appliances needed for trade or profession to $5,000
  • Wild Card - $6,000 of cash or any property
  • An additional $5,000 in any real or personal property

Massachusetts Exemptions and Non-Exemptions

  • Property you occupy or intend to occupy (including mobile home) to $500,000; (special rules if over 65 or disabled).
  • Earned but unpaid wages to $125 per week
  • Automobiles - $700
  • Beds & bedding; heating unit; clothing
  • Bibles & books to $200 total; sewing machine to $200
  • Cash for fuel, heat, water, or light to $75 per month
  • Cash to $200/month for rent, in lieu of homestead
  • 2 cows, 12 sheep, 2 swine, 4 tons of hay
  • Food or cash for food to $300
  • Furniture to $3,000;
  • Trust company, bank, or credit union deposits to $500

Michigan Exemptions and Non-Exemptions

  • Real property including condo to $34,450, 51,650 if elderly or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Head of household may keep 60% of earned but unpaid wages (no less than $15/week), plus $2/week per non-spouse dependent; if not head of household may keep 40% (no less than $10/week)
  • Automobiles - $3,175
  • Appliances, utensils, books, furniture, & household goods, to $525 each, to $3,450 total
  • Building & loan association shares to $1,150 par value, in lieu of homestead
  • Clothing; family pictures
  • 1 computer & accessories to $575
  • Crops, farm animals, and feed for the farm animals to $2,300
  • Food & fuel to last family for 6 months
  • Church pew, slip, seat for entire family to $575
  • Household pets to $575
  • Professionally prescribed health aids
  • Tools, implements, materials, stock, apparatus, or other things needed to carry on occupation to $2,300 total

Minnesota Exemptions and Non-Exemptions

  • Home and land on which it is situated to $300,000; if homestead is used for agricultural purposes, $750,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Wages, paid within 6 mos. of returning to work, after receiving welfare or after incarceration; includes earnings deposited in a financial institution in the last 60 days
  • Minimum 75% of weekly disposable earnings or 40 times federal minimum hourly wage, whichever is greater
  • Automobiles - $4,200 (up to $42,000 if vehicle has been modified for disability)
  • Appliances, furniture, jewelry, radio, phonographs, & TV to $9,450 total
  • Bible and books
  • Clothing, one watch, food, & utensils for family
  • Farm machines, implements, livestock, produce, & crops to $13,000 total
  • Tools, machines, instruments, stock in trade, furniture, & library to $10,500 total
  • Total value of Tools of Trade and Farm Machines combined cannot exceed $13,000

Mississippi Exemptions and Non-Exemptions

  • Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Mobile home (as personal property) to $30,000 (Mobile home does not qualify as homestead unless you own land on which it is located)
  • Earned but unpaid wages owed for 30 days; after 30 days, minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater (bankruptcy judge may authorize more for low-income debtors)
  • Tangible personal property to $10,000: any items worth less than $200 each; furniture, dishes, kitchenware, household goods, appliances, 1 radio & 1 TV, 1 firearm, 1 lawnmower, clothing, wedding rings, motor vehicles, tools of the trade, books, crops, health aids, domestic animals (does not include works of art, antiques, jewelry, or electronic entertainment equipment)
  • Wild Card - $50,000 of any property, whether real, personal or mixed, tangible or intangible, including deposits of money, available to any Mississippi resident who is 70 years of age or older.

Missouri Exemptions and Non-Exemptions

  • Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Wages of servant or common laborer to $90
  • Motor vehicle to $3,000
  • Appliances, household goods, furnishings, clothing, books, crops, animals, & musical instruments to $3,000 total
  • Health aids
  • Wedding ring to 1,500, other jewelry to $500
  • Implements, books, & tools of trade to $3,000
  • Wild Card - $1,250 of any property if head of family, else $600; head of family may claim additional $350 per child.

Montana Exemptions and Non-Exemptions

  • Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Automobiles - $2,500
  • Appliances, household furnishings, goods, animals with feed, crops, musical instruments, books, firearms, sporting goods, clothing, & jewelry to $600 per item, $4,500 total
  • Implements, books, & tools of trade to $3,000 25-13-609(3) Uniforms, arms, accoutrements needed to carry out government functions

Nebraska Exemptions and Non-Exemptions

  • $60,000 for married debtor or head of household; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Minimum 85% of earned but unpaid weekly disposable earnings or pension payments for head of family; minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, for all others; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle if used to commute to work (as part of $2,400 tools of trade exemption)
  • Furniture, household goods & appliances, household electronics, personal computers, books, & musical instruments to $1,500
  • Equipment or tools including a vehicle used in/or for commuting to principal place of business to $2,400 (husband & wife may double)
  • Wild Card - $2,500 of any personal property, except wages, in lieu of homestead

Nevada Exemptions and Non-Exemptions

  • Real property or mobile home to $550,000 (husband & wife may not double)
  • Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $15,000; no limit on vehicle equipped for disabled person
  • One gun
  • Appliances, household goods, furniture, electronics, clothing, home & yard equipment owned by debtor or dependent of debtor to $12,000 total
  • Books, works of art, musical instruments and jewelry to $5,000
  • Wild Card - $1,000

New Hampshire Exemptions and Non-Exemptions

  • Real property or manufactured housing (and the land it's on if you own it) to $100,000
  • 50 times the federal minimum hourly wage per week
  • Motor vehicle to $4,000
  • Beds, bedding, & cooking utensils
  • Furniture to $3,500
  • Bibles & books to $800
  • Church pew
  • Clothing
  • Cooking & heating stoves, refrigerator
  • 1 cow, 6 sheep & their fleece, 4 tons of hay
  • Jewelry to $500
  • 1 hog or pig or its meat (if slaughtered)
  • Domestic fowl to $300
  • Food & fuel to $400
  • Yoke of oxen or horse needed for farming or teaming
  • Tools of your occupation to $5,000
  • Wild Card - $1,000 of any property

New Jersey Exemptions and Non-Exemptions

  • No Homestead Exemption, but survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
  • 90% of earned but unpaid wages if annual income under 250% of the poverty level for family size; 75% if annual income is more than that amount
  • Wages or allowances received by military personnel
  • Personal property & possessions of any kind, stock or interest in corporations to $1,000 total
  • Clothing
  • Furniture & household goods to $1,000

New Mexico Exemptions and Non-Exemptions

  • Homestead Exemption - $60,000 (joint owners may double)
  • Minimum 75% of disposable earnings or 40 times the federal hourly minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $4,000
  • Books & furniture
  • Building materials
  • Clothing
  • Jewelry to $2,500
  • Materials, tools & machinery to dig, drill, complete, operate, or repair oil line, gas well, or pipeline
  • Tools of trade $1,500
  • Wild Card - $500 of any personal property

New York Exemptions and Non-Exemptions

  • Real property including co-op, condo, or mobile home, to $50,000 (husband & wife may double)
  • 90% of earned but unpaid wages received within 60 days before & anytime after filing
  • 100% of pay of noncommissioned officer, private, or musician in U.S. or N.Y. state armed forces
  • Motor vehicle to $2,400 (husband & wife may double)
  • Bible, schoolbooks, other books to $50; pictures; clothing; church pew or seat; sewing machine, refrigerator, TV, radio; furniture, cooking utensils & tableware, dishes; food to last 60 days; stoves with fuel to last 60 days; domestic animal with food to last 60 days, to $450; wedding ring; watch to $35; exemptions may not exceed $5,000 total (including tools of trade & limited annuity)
  • Burial plot without structure to 1/4 acre
  • Cash (including savings bonds, tax refunds, bank & credit union deposits) to $2,500, or to $5,000 after exemptions for personal property taken, whichever amount is less (for debtors who do not claim homestead)
  • Health aids, including service animals with food
  • Savings & loan savings to $600
  • Security deposit to landlord, utility company

North Carolina Exemptions and Non-Exemptions

  • Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property
  • Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support
  • Motor vehicle to $3,500
  • Animals, crops, musical instruments, books, clothing, appliances, household goods & furnishings to $5,500 total; may add $1,000 per dependent, up to $4,000 total additional (all property must have been purchased at least 90 days before filing)
  • Implements, books, & tools of trade to $2,000
  • Wild Card - $5,000 less any amount claimed for homestead or burial exemption, of any property
  • $500 of any personal property

North Dakota Exemptions and Non-Exemptions

  • Real property, house trailer, or mobile home to $100,000 (husband & wife may not double)
  • Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner's disability
  • Bible, schoolbooks; other books
  • Burial plots, church pew;
  • Wearing apparel to $5,000, and all clothing of the debtor & debtor's family
  • Family pictures ;
  • Crops or grain raised by debtor on 160 acres where debtor resides; 28-22-02(8)
  • Food & fuel to last 1 year
  • Insurance proceeds for exempt property, if held in cash or invested in other exempt property
  • Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner's disability
  • Personal injury recoveries to $7,500
  • Wrongful death recoveries to $7,500
  • Wild Card - $7,500 of any property in lieu of homestead
  • Head of household not claiming crops or grain may claim $7,500 of any personal property, Non-head of household not claiming crops or grain may claim $3,750 of any personal property

Ohio Exemptions and Non-Exemptions

  • Real or personal property used as residence to $20,200
  • Minimum 75% of disposable weekly earnings or 40 times the federal hourly minimum wage, whichever is higher; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $3,225
  • Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $525 per item; jewelry to $1,350 for 1 or more items; $10,775 total.
  • Beds, bedding, clothing to $200 per item
  • Cash, money due within 90 days, tax refund, bank, security, & utility deposits to $400 total (husband & wife may double)
  • Cooking unit & refrigerator to $300 each
  • Implements, books, & tools of trade to $2,025
  • Wild Card - $1075 of any property

Oklahoma Exemptions and Non-Exemptions

  • Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • Motor vehicle to $7,500
  • Books, portraits, & pictures
  • Clothing to $4,000
  • Household & kitchen furniture, personal computer & related equipment
  • Livestock for personal or family use: 5 dairy cows & calves under 6 months; 100 chickens; 20 sheep; 10 hogs; 2 horses, bridles, & saddles; forage & feed to last 1 year
  • Guns for household use to $2,000
  • Wedding and anniversary rings to $3,000

Oregon Exemptions and Non-Exemptions

  • Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
  • 75% of disposable wages or $170 per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $3,000 (husband & wife may double)
  • Clothing, jewelry, & other personal items to $1,800 total (husband & wife may double)
  • Bank deposits to $7,500; cash for sold exempt property
  • Books, pictures, & musical instruments to $600 total (husband & wife may double)
  • Domestic animals, poultry, & pets to $1,000 plus food to last 60 days
  • Furniture, household items, utensils, radios, & TVs to $3,000 total
  • Pistol; rifle or shotgun (owned by person over 16) to $1,000
  • Wild Card - $400 of any personal property not already covered by existing exemption (husband & wife may double)

Pennsylvania Exemption and Non-Exemption

  • No Homestead Exemption; however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Earned but unpaid wages
  • Bibles & schoolbooks
  • Clothing
  • Military uniforms & accoutrements
  • Sewing machines
  • Wild Card - $300 of any property, including cash, real property, securities, or proceeds from sale of exempt property

Rhode Island Exemptions and Non-Exemptions

  • $300,000 in land & buildings you occupy or intend to occupy as a principal residence (husband & wife may not double)
  • Earned but unpaid wages to $50
  • Earned but unpaid wages due military member on active duty
  • Earned but unpaid wages due seaman
  • Wages of any person who had been receiving public assistance are exempt for 1 year after going off of relief
  • Wages of spouse & minor children
  • Motor vehicles to $12,000
  • Clothing
  • Beds, bedding, furniture, household goods, & supplies, to $9,600 total (husband & wife may not double)
  • Bibles & books to $300
  • Consumer cooperative association holdings to $50
  • Jewelry to $2,000
  • Working tools to $1,500
  • Library of practicing professional
  • Wild Card - $5,000

South Carolina Exemptions and Non-Exemptions

  • Real property, including co-op, to $50,000 (joint owners may double)
  • Motor vehicle to $5,000
  • Jewelry to $1,000
  • Animals, crops, appliances, books, clothing, household goods, furnishings, musical instruments to $4,000 total
  • Burial plot to $50,000, in lieu of homestead (joint owners may double)
  • Cash & other liquid assets to $5,000, in lieu of burial or homestead exemption
  • Implements, books, & tools of trade to $1,500
  • Wild Card - Up to $5,000 for any property, from unused exemptions amounts for homestead, burial, motor vehicle, personal property, jewelry or tool of trade exemptions.

South Dakota Exemptions and Non-Exemptions

  • Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • Earned wages owed 60 days before filing bankruptcy, needed for support of family
  • Bible, schoolbooks; other books to $200
  • Burial plots, church pew
  • Clothing
  • Family pictures
  • Food & fuel to last 1 year
  • Wild Card - Head of family may claim $6,000, or nonhead of family may claim $4,000 of any personal property

Tennessee Exemptions and Non-Exemptions

  • Homestead Exemption - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • $4,000 of any personal property including deposits on account with any bank or financial institution
  • Clothing & storage containers
  • Burial plots to 1 acre
  • Bible, schoolbooks, family pictures, & portraits

Texas Exemptions and Non-Exemptions

  • Unlimited Homestead Exemption; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Unpaid commissions not to exceed 25% of total personal property exemptions
  • 1 two-, three- or four-wheeled motor vehicle per family member or per single adult who holds a driver's license; or, if not licensed, who relies on someone else to operate vehicle
  • Clothing & food
  • Home furnishings including family heirlooms
  • Jewelry (limited to 25% of total exemption)
  • Pets & domestic animals plus their food: 2 horses, mules, or donkeys & tack; 12 head of cattle; 60 head of other livestock; 120 fowl
  • Health aids (exempt from total)
  • Tools, equipment (includes boat & motor vehicles used in trade), & books

Utah Exemptions and Non-Exemptions

  • Real property, mobile home, or water rights to $20,000 if primary residence; $5,000 if not primary residence (joint owners may double)
  • Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $2,500
  • Animals, books, & musical instruments to $500
  • Artwork depicting, or done by, a family member
  • Bed, bedding, carpets
  • Clothing (cannot claim furs or jewelry)
  • Dining & kitchen tables & chairs to $500
  • Food to last 12 months
  • Health aids
  • Heirlooms to $500
  • Refrigerator, freezer, microwave, stove, sewing machine, washer & dryer
  • Sofas, chairs, & related furnishings to $500

Vermont Exemptions and Non-Exemptions

  • Real property or mobile home to $75,000; may also claim rents, issues, profits, & out-buildings (husband and wife may double)
  • Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Entire wages, if you received welfare during 2 months before filing
  • Motor vehicles to $2,500
  • Appliances, furnishings, goods, clothing, books, crops, animals, musical instruments to $2,500 total
  • Bank deposits to $700
  • Cow, 2 goats, 10 sheep, 10 chickens, & feed to last 1 winter; 3 swarms of bees plus honey; 5 tons coal or 500 gal. heating oil, 10 cords of firewood; 500 gal. bottled gas; growing crops to $5,000; yoke of oxen or steers, plow & ox yoke; 2 horses with harnesses, halters, & chains
  • Jewelry to $500; wedding ring unlimited
  • Stove, heating unit, refrigerator, freezer, water heater, & sewing machines
  • Wild Card - Unused exemptions for motor vehicle, tools of trade, jewelry, household furniture, appliances, clothing, & crops to $7,000

Virginia Exemptions and Non-Exemptions

  • Homestead Exemption - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000
  • Minimum 75% of weekly disposable earnings or 40 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $2,000 ($10,000 if needed for occupation or education)
  • Clothing to $1,000
  • Family portraits & heirlooms to $5,000 total
  • Household furnishings to $5,000
  • Pets
  • Wedding and engagement rings
  • Tools, books, and instruments of trade, including motor vehicles, to $10,000, needed in your occupation or education
  • For farmer, pair of horses, or mules with gear; one wagon or cart, one tractor to $3,000; 2 plows & wedges; one drag, harvest cradle, pitchfork, rake; fertilizer to $1,000
  • Wild Card - Unused portion of homestead or personal property exemption
  • $10,000 of any property for disabled veterans

Washington Exemptions and Non-Exemptions

  • Real property, manufactured home, or mobile home to $125,000; unimproved property intended for residence to $15,000 (husband and wife may not double)
  • Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $2,500 total for individual (two vehicles to $5,000 for community)
  • Appliances, furniture, household goods, home & yard equipment to $2,700 total for individual ($5,400 for community)
  • Books to $1,500
  • Burial plots sold by nonprofit cemetery association 68.20.120 Clothing, no more than $1,000 in furs, jewelry, ornaments
  • Food & fuel for comfortable maintenance 6.15.010(3)(a) Fire insurance proceeds for lost, stolen, or destroyed exempt property
  • Keepsakes & family pictures
  • Farmer's trucks, stock, tools, seed, equipment, & supplies to $5,000 total
  • Library, office furniture, office equipment, & supplies of physician, surgeon, attorney, clergy, or other professional to $5,000 total
  • Tools & materials used in any other trade to $5,000
  • Wild Card - $2,000 of any personal property (no more than $200 in cash, bank deposits, bonds, stocks, & securities)

West Virginia Exemptions and Non-Exemptions

  • Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property (husband & wife may double)
  • Minimum 30 times the federal minimum hourly wage per week; bankruptcy judge may authorize more for low-income debtors
  • Motor vehicle to $2,400
  • Animals, crops, clothing, appliances, books, household goods, furnishings, musical instruments to $400 per item, $8,000 total
  • Burial plot to $25,000, in lieu of homestead
  • Jewelry to $1,000
  • Implements, books, & tools of trade to $1,500
  • Wild Card - $800 plus unused portion of homestead or burial exemption, of any property

Wisconsin Exemptions and Non-Exemptions

  • Property you occupy or intend to occupy to $75,000; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's exemption may double)
  • 75% of weekly net income or 30 times the greater of the federal or state minimum hourly wage; bankruptcy judge may authorize more for low income debtors
  • Motor vehicles to $5,000 (husband & wife may double; unused portion of $12,000 personal property exemption may be added)
  • Household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals, and other tangible personal property to $12,000 total (husband & wife may double)
  • Deposit accounts to $5,000
  • Equipment, inventory, farm products, books, and tools of trade to $15,000 total.

Wyoming Exemptions and Non-Exemptions

  • Real property you occupy to $10,000 or house trailer you occupy to $6,000 (joint owners may double)
  • Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Motor vehicle to $2,400
  • Bedding, furniture, household articles, & food to $2,000 per person in the home
  • Clothing & wedding rings to $1,000
  • Library & implements of profession to $2,000 or tools, motor vehicle, implements, team & stock in trade to $2,000

Getting Legal Help

If you are considering bankruptcy, consult an experienced bankruptcy attorney. The attorney can assist you avail all the exemptions you are entitled to. Filing the wrong exemptions can prove costly. You petition can be rejected. Don’t take chances. Hire an experienced bankruptcy attorney.

 

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