Bankruptcy Exemptions

Keep in mind that laws change. If, or when, you ever need this information, check the state laws for changes.

FEDERAL - The debtor’s aggregate interest, not to exceed $18,450 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor.

The debtor’s interest, not to exceed $2,950 in value, in one motor vehicle.

The debtor’s interest, not to exceed $425 in value in any particular item or $9,850 in aggregate value, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.

The debtor’s aggregate interest, not to exceed $1,225 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.

The debtor’s aggregate interest in any property, not to exceed in value $975 plus up to $9,250 of any unused amount of the exemption provided under paragraph (1) of this subsection.

The debtor’s aggregate interest, not to exceed $1,850 in value, in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor.

Any un-matured life insurance contract owned by the debtor, other than a credit life insurance contract.

The debtor’s aggregate interest, not to exceed in value $9,850 less any amount of property of the estate transferred in the manner specified in section 542(d) of this title, in any accrued dividend or interest under, or loan value of, any un-matured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.

Professionally prescribed health aids for the debtor or a dependent of the debtor.

The debtor’s right to receive – a social security benefit, unemployment compensation, or a local public assistance benefit; a veterans’ benefit; a disability, illness, or unemployment benefit; alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless – such plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor’s rights under such plan or contract arose; such payment is on account of age or length of service; and such plan or contract does not qualify under section 401(a), 403(a), 403(b), 408, or 409

(FOOTNOTE 1) of the Internal Revenue Code of 1986 (26 U.S.C. 401(a), 403(a), 403(b), 408, or 409). (FOOTNOTE 1) See References in Text note below.

The debtor’s right to receive, or property that is traceable to – an award under a crime victim’s reparation law; a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual’s death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment, not to exceed $18,450, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.

ALABAMA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The Alabama statutes permit exemption of a debtor’s homestead up to the amount of $5,000.00 (C.O.A. 6-10-2); and personal property up to the value of $3,000.00. In addition, all family portraits or pictures and all books used in the family are exempt from levy or sale. (C.O.A. 6-10-6.)

In a bankruptcy proceeding, a debtor, who is a resident of Alabama, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even though the federal exemptions may be more beneficial in his situation. (C.O.A. 6-10-11.)

ALASKA – In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution of a judgment, or in a bankruptcy proceeding. The extent of property which may be exempt is governed under the Alaska Exemptions Act (Title 9, Chapter 38).

An individual is entitled to exemption as a homestead of the individual’s interest in property in the State of Alaska used as the principal residence of the individual or the dependents of the individual, but the value of the homestead exemption may not exceed $54,000. (Section 09.38.010(a).) If property owned by the entirety or in common is used by one or more individual owners or their dependents as their principal residence, each owner is entitled to a homestead exemption of that owner’s interest in the property as provided above but the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $54,000. (Section
09.38.010(b).)

Under the Alaska Exemptions Act, certain personal property may be exempt without limitation in value (Section 09.38.015) and others may be exempt up to a limited value (Section 09.38.020). Some of the personal property exemptions which are exempt without limitations in value include a burial plot, health aids reasonably necessary to enable the individual or a dependent to work or to sustain health, benefits paid or payable for medical, surgical, or hospital care to the extent they are or will be used to pay for the care; awards for crime victims under Section 18.67, longevity bonus under Section 47.45, compensation or benefits paid or payable and exempt under federal law, tuition credits under an advance college tuition payment contract authorized under AS 14.40.809 (a); a permanent fund dividend to the extent allowed under Section 43.23.065.

Personal property exemption which are subject to a limiation in value include household goods and wearing apparel, books and musical instruments; and family portraits and heirlooms of particular sentimental value up to an aggregate value of $3,000; jewelry not exceeding $1,000 in aggregate value; professional books and tools of trade not exceeding $2,800 in aggregate value; pets to the extent the value does not exceed $1,000; and one motor vehicle to the extent of a value not exceeding $3,000 if the full value of the motor vehicle does not exceed $20,000. (Section 09.38.020.) Other exemptions may include retirement plan benefits, unmatured life insurance and annuity contracts with a loan value of less than $10,000.

In a proceeding under 11 U.S.C. (Bankruptcy), the State of Alaska permits only those exemptions prescribed under Sections 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 of the Alaska Statutes. (Section 09.38.055.) See Chapter 38 Alaska Exemptions Act

ARIZONA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

Any person the age of eighteen or over, married or single, who resides within the state of Arizona, may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred thousand dollars in value, his interest in his dwelling which may include real property, a condominium or cooperative, or a mobile home. Only one homestead exemption may be held by a married couple or a single person under the provisions of Arizona law. (ARS 33-1101, et seq.)

Personal property exemption may include household furniture, furnishings and appliances, the total value of which does not exceed $4,000.00; food, fuel and provisions for the debtor’s individual or family use for six months; personal items up to specific values prescribed by law; life insurance proceeds, retirement funds, and tools and equipment used in a commercial activity, and trade, business or profession. Any person the age of eighteen years or over, married or single, who resides within this state and who does not exercise the homestead exemption may claim as a personal property homestead exempt from all process prepaid rent, including security deposits as provided in ARS 33-1321, subsection A, for the claimant’s residence, not exceeding the lesser of one thousand dollars or one and one-half months’ rent. (ARS 33-1126.)

In a bankruptcy proceeding, debtors domiciled in the State of Arizona are not entitled to the federal exemptions provided in 11 U.S.C. 522 (d). (ARS 33-1133.)

ARKANSAS - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The standard exemptions are provided under the Constitution of Arkansas.

The homestead of any resident of the State of Arkansas, who is married or the head of a family, are exempt from any lien of judgment, decree of any court, or to sale under execution or other process thereon, except for obligations that are for the purchase money or specific liens against the homestead, laborer’s or mechanic’s liens for improvement thereof, or for taxes. If the homestead, which is the residence of the debtor, is located in any city, town or village, it is limited to one acre of land with improvements thereon, and shall not exceed in value the sum of $2,500. If the homestead is located outside any city, town or village, it may not exceed one hundred and sixty acres of land, with the improvements thereon, and shall not exceed in value the sum of $2,500. (Ark. Const. Art. IX, Sec. 3 & 4; 16-66-210.)

Personal property exemption permitted under the Arkansas Constitution include the wearing apparels of the debtor and his family. If a debtor is not married, he may select certain personal property, up to the sum of $200, to be exempt from any process for the collection of a debt founded on a contract. The exemption amount is increased to $500 if the debtor is married or the head of a family. (Ark. Const. Art. IX, Sec. 1 & 2.)

CALIFORNIA - California: CCP 704.010 et seq.

A. Homestead, CCP 704.710-704.995 $50,000 to $100,000 in equity.
I. The debtor must be living in the property at the time of the filing of the bankruptcy.

II. “Dwelling” can include a house, condo, community apartment project, a mobile home, motor home or boat, CCP 704.710.
III. Exemption amount is $50,000 for an individual.

IV. Exemption amount is $75,000 for a head of household [debtor plus:
(a) spouse; (b) minor child or grandchild; (c) minor brother or sister;
(d) parents or parents in law; or (e) incapacitated relative].

V. Exemption amount is $100,000 for those over 65, those over 55 with gross annual income of less than $15,000, or the disabled.

VI. The debtor need not file a declaration of homestead in order to receive the homestead exemption; however, if the house will be sold prior to filing, a declaration of homestead must be filed before the sale and the sales proceeds segregated in order to exempt the proceeds of the sale (the bankruptcy must be filed within 6 months of the sale), CCP 704.960.

B. Motor Vehicles, CCP 704.010 $1,900.

C. Household furnishings, wearing apparel and other personal effects, CCP 704.020 “ordinarily and reasonably necessary to” and used by the debtor/spouse.

D. Jewelry, heirlooms & works of art, CCP 704.040 $5,000.

E. Tools of trade, CCP 704.060 $5,000 per spouse.

F. Personal earnings (earned pre-bankruptcy), CCP 704.070 75%.

G. Life insurance policies, CCP 704.100.i. Unmatured policies are exempt, except cash surrender or loan value, which is exempt up to $8,000. Matured life insurance policies to the extent reasonably necessary for the support of the judgment debtor/spouse and dependents.

H. Public retirement benefits are entirely exempt, CCP 704.110.

I. Vacation credits are entirely exempt. CCP 704.113.

J. Private Retirement Plans (except IRA’s) are completely exempt, CCP 704.115. IRA’s are exempt only to the extent necessary for the support of the debtor at the time of anticipated retirement.

K. Unemployment insurance and compensation, [CCP 704.120], disability and health insurance payments, [CCP 704.130], worker’s compensation claims and awards [CCP 704.160], and welfare payments [CCP 704.170], are exempt.

L. Personal injury and wrongful death causes of action are exempt; after payment of an award or settlement, they are exempt to the extent reasonably necessary for support, CCP 704.140, 704.150.

M. Cemetery plots (unless held for resale) are exempt, CCP 104.200. Property that is not property of the bankruptcy estate, BC 541.
A. Property in which the debtor holds a legal interest but no equitable interest, 541(d).
B. Trusts containing “a restriction on the transfer of a beneficial interest … enforceable under applicable nonbankruptcy law . . . .” 541 )(2). This provision applies to enforceable spendthrift clauses in trusts and has been determined to apply to ERISA-qualified pension plans, which must include anti-alienation language in order to qualify. Patterson v. Shumate, 112 S.Ct. 2242 (1992).

COLORADO - In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.

Every homestead in the state of Colorado occupied as a home by the owner thereof or his family is generally exempt from execution and attachment arising from any debt, contract, or civil obligation not exceeding the sum of $30,000.00 in actual cash value in excess of any liens or encumbrances on the homesteaded property in existence at the time of any levy of execution thereon. (C.R.S. 38-41-201.)

Personal property which may be exempt from levy and sale under writ of attachment or writ of execution are itemized in C.R.S. 13-54-102. The value of property exempt generally extends to the debtor and each dependent, and may include wearing apparel to the extent of $750.00 in value; watches, jewelry, and articles of adornment to the extent of $500.00 in value; library, family pictures, and school books to the extent of $750.00 in value; burial sites; household goods to the extent of $1,500.00 in value; provisions and fuel on hand for the use or consumption to the extent of $300.00 in value; if the debtor engages, as his principal occupation, in agriculture or livestock or poultry raising, livestock and poultry not exceeding in the aggregate a value of $3,000.00, and horses, mules, wagons, carts, machinery, harness, implements, and tools not exceeding in the aggregate a value of $2,000.00; pension, compensation, or allowance for any purpose on account or arising out of the services of such person as a member of the armed forces of the United States in time of war or armed conflict; stock in trade, supplies, fixtures, maps, machines, tools, equipment, books, and business materials used and kept for the purpose of carrying on any gainful occupation in the aggregate a value of $1,500.00; one or more motor vehicles for the purpose of carrying on any gainful occupation in the aggregate a value of $1,000.00; one motor vehicle kept and used by any elderly or disabled debtor for the purpose of obtaining medical care for himself or his elderly or disabled dependent in a value not to exceed $3,000.00; and professional library in the value of $1,500.00. Other qualified exemptions may include certain portion of the cash value of a life insurance policy, insurance proceeds from fire and casualty loss or damages, recovery from personal injuries except for obligations incurred for the treatment of such personal injuries, and retirement plan benefits. (C.R.S. 13-54-102.)

A creditor generally may not execute against monies that are set aside for child support payments so long as the payments are deposited into a custodian account in a bank, savings and loan, or credit union account if the account is for the sole benefit of the child designated for child support payments, and if no moneys other than child support payments made pursuant to a support order or interest earned on the moneys in the account are deposited into the account. A child support payment is no longer exempt if the recipient of the payment intermingles the payment with any other moneys. (C.R.S. 13-54-102.5.)

The exemptions provided in section 522 (d) of the federal bankruptcy code of 1978 (Title 11 of the United States Code), as amended, are denied to residents of the State of Colorado.. Exemptions authorized to be claimed by residents of Colorado is limited to those exemptions expressly provided by the Colorado Revised Statutes. (C.R.S. 13-54-107.)

CONNECTICUT – In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.

A judgment debtor generally is entitled to a homestead exemption, up to the market value of seventy-five thousand dollars ($75,000.00), of the real property occupied by him and his dependents as a residence, less the amount of any statutory or consensual lien which encumbers it. (Section 352b(t).)

Personal property which may be subject to exemption as provided under Section 52-352b of the General Statutes include necessary apparel, bedding, foodstuffs, household furniture and appliances; tools, books, instruments, farm animals and livestock feed, which are necessary to the debtor in the course of his or her occupation, profession or farming operation; burial plot for the debtor and his or her immediate family; public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program; health and disability insurance payments; health aids necessary to enable the debtor to work or to sustain health; Workers’ compensation, social security, veterans and unemployment benefits; court approved payments for child support; arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States; one motor vehicle up to the market value of $1,500.00 less the amount of all liens and security interests which encumber it; wedding and engagement rings; residential utility deposits for one residence, and one residential security deposit; any assets or interests of the debtor in, or payments received by the debtor from, a plan or arrangement described in section 52-321a; alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-361a; an award under a crime reparations act; all benefits allowed by any association of persons in this state towards the support of any of its members incapacitated by sickness or infirmity from attending to his usual business; all moneys due the debtor from any insurance company on any insurance policy issued on exempt property, to the same extent that the property was exempt; any interest of the debtor in any property not to exceed in value $1,000.00; any interest of the debtor not to exceed in value $4,000.00 in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.

DISTRICT OF COLUMBIA – In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. However, the District Of Columbia has no homestead law.

Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the District Of Columbia may include all wearing apparel provided for all persons within the household not exceeding $300 per person in value; all beds, bedding, household furniture and furnishings, sewing machines, radios, stoves, cooking utensils, not exceeding $300 in value; provisions for three months’ support; fuel for three months; mechanics’ tools and implements of the debtor’s trade or business amounting to $200 in value; library, office furniture, and implements of a professional man or artist, not exceeding $300 in value; one automobile or motor-controlled vehicle not exceeding $500 in value if used principally by the debtor in his trade or business; all family pictures; and all family library materials not exceeding $400 in value. (D.C. 15-501.) In addition, certain insurance, public assistance and unemployment compensation benefits are generally exempt. (D.C. 35-521, 46-119[b][1].)

FLORIDA – In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.

Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.)

Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.18), pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25).

Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.

In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.)

GEORGIA - In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.

A debtor generally is entitled to exemption from levy and sale by virtue of any legal process any real or personal property, or both, in the amount of $5,000.00. (Section 44-13-1.) If a debtor refuses to apply for exemption under this provision, his spouse, qualified representatives of his minor children or dependents, may make such application and the exemption is binding upon the debtor. (Section 44-13-2.)

For the purposes of bankruptcy, a debtor may elect, in lieu of the exemption provided under Section 44-13-1, the exemption provided under Section 44-13-100 of the Official Code of Georgia. Some of the property which may be exempt include the personal and real property used by a debtor or his dependents as a residence or a burial plot, in the aggregate value of $5,000.00, social security benefits, unemployment compensation, local public assistance, veteran’s benefit, disability benefit, alimony, support or separate maintenance to the extent reasonably necessary for the support of the debtor and his dependents, pension payments, undistributed interest in retirement plans or pension plan, automobiles in the aggregate value of $1,000.00, household furnishings and goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are primarily for personal family or household use not to exceed $200.00 in value in each item but not to exceed $3,500.00 in aggregate value, jewelry in the aggregate value of $500.00, the debtor’s aggregate interest, not to exceed $400.00 in value plus any unused amount of the homestead exemption in any property, professional books or tools of the trade in the aggregate value of $500.00, unmatured life insurance contract, the debtor’s aggregate interest in the loan value on any un-matured insurance contract not to exceed $2,000.00, professional health aids, an award under a crime victim’s reparation law, payment of not more than $7,500.00 from the recovery for personal injuries excluding pain and suffering or compensation for actual pecuniary loss, and payment for compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his dependants.

An individual debtor whose domicile is in the State of Georgia is specifically prohibited from applying or utilizing the exemptions provided under 11 U.S.C. Section 522(d). An “individual debtor whose domicile is in Georgia” means an individual whose domicile has been located in Georgia for the 180 days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of such 180 day period than in any other place. (Section 44-13-100(b).)

IDAHO - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

A homestead may consist of the dwelling house or the mobile home, with the appurtenant buildings and surrounding land, in which the owner resides or intend to reside. It may also include unimproved land owned by an individual with an intent to place a house or mobile home thereon which is intended to be used as the individual’s residence. The amount of homestead which may be exempt from attachment and from execution or forced sale for the debts of the owner may not exceed the lesser of (I) the total net value of the lands, mobile home, and improvements as described in section 55-1001, Idaho Code; or (ii) the sum of$50,000.00. (I.C. 55-5003, 55-1008.)

Property that is occupied by the owner as his principal residence is generally automatically exempt from all legal process to the extent allowed by law. (I.C. 55-1004(1).) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is
located. (I.C. 55-1004(2).)

Personal property may be exempt from execution or forced sale under any legal process either with limitations or without limitations. Some of the personal property which may be exempt without limitation include a burial plot, health aids reasonably necessary to enable the individual or a dependent to work or to sustain health, social security benefits, veteran’s benefits, federal, state or local public assistance, benefits payable for medical, surgical or hospital care, and state unemployment compensation. (I.C. 11-603.)

Those properties which are exempt only as to limited value may be divided into two groups: one that is to the extent that it is reasonably necessary for the support of the debtor and his dependents, and one that is subject to value limitation.

Disability or illness benefits, alimony, support or separate maintenance, insurance, settlement or judgment proceeds accrued as a result of bodily injury or wrongful death of an individual of whom the debtor was or is a dependent, insurance proceeds if the debtor is the spouse or dependent of the insured, are exempt to the extent reasonably necessary for the support of the debtor and his dependent. These exemptions may be lost if the debtor commingles the funds with other funds. (I.C. 11-604.) In addition, retirement income to which citizens of Idaho are, or may be, entitled are protected from execution or garnishment. (I.C. 11-604A.)

Properties that are subject to limited value may include furnishings and applicants, one firearm, wearing apparel, household pets, books, and musical instruments, family portraits and heirlooms, which are limited to a value not exceeding $500.00 on any one item, or not to exceed an aggregate value of $4,000.00; jewelry not to exceed an aggregate value of $250.00; professional books and tools of the trade not to exceed an aggregate value of $1,000.00; and one automobile not to exceed $1,500 in value. (I.C. 11-605.)

If certain exempt property are destroyed or damaged and the debtor has been indemnified for it, the debtor is entitled to exemption of the proceeds, to the extent of the value allowed under the I.C. 11-605, provided that they are traceable for three (3) months after the proceeds are received. (I.C. 11-606.)

In a bankruptcy proceeding, a debtor, who is a resident of Idaho, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even though the federal exemptions may be beneficial in his situation. An individual debtor may exempt from property of the estate only such property as is specified under the laws of the State of Idaho. (I.C. 11-609.)

ILLINOIS - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

The State of Illinois permits a judgment debtor to claim homestead exemption up to an amount of $7,500 in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise, and occupied by him or her as a residence. If two or more individuals own property that is exempt as a homestead, the value of the exemption of each individual may not exceed his or her proportionate share of $15,000 based upon the percentage of ownership. (735 ILCS 5/12-901)

Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Illinois may include wearing apparel, bible, school books, and family pictures of the debtor and dependents; equity interest in any other property not to exceed $2,000 in value; interest in any one motor vehicle not to exceed $1,200 in value; equity interest in any implements, professional books, or tools of the trade not to exceed $750 in value; professionally prescribed health aids; life insurance proceeds; social security benefits; veteran’s benefits; disability, illness or unemployment benefits; and alimony, retirement plan proceeds. (735 ILCS 5/12-1001, et seq.)

In any bankruptcy proceeding, a resident of the State of Illinois may be prohibited from using the federal exemptions provided in Section 522(d) of the Bankruptcy Code of 1978. (735 ILCS 5/12-120)

INDIANA – In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. Indiana permits every judgment debtor domiciled in the state exemption of real and personal property constituting the personal or family residence an amount up to $7,500.00 in value. Some other exemptions may include other real or tangible personal property up to $4,000.00, intangible personal property up to $100.00, professionally prescribed health aids, interest in retirement plan and medical care savings accounts. (Indiana Code 34-2-28-1.)

In a bankruptcy proceeding, a debtor, who is a resident of Indiana, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even if the federal exemptions may be more beneficial in his situation. (Indiana Code 34-2-28-0.5.)

IOWA - A debtor is generally permitted an exemption of certain personal or real property in the enforcement of a judgment against him or in a bankruptcy proceeding under state laws or federal laws. Under the laws of Iowa, the homestead of every person is generally exempt from judicial sale. (Iowa Code Section 561.16.) Other general exemptions may include wearing apparel of the debtor and his dependents, household furniture and furnishings, automobile, burying ground, cash value in life insurance polices, pension, and public benefits. Each of the prescribed exemptions may be limited to certain amount in value. (Iowa Code Sections 627.1 et seq.)

In a bankruptcy proceeding, although the federal statute permits election of exemptions provided under state laws or federal laws, the State of Iowa specifically precludes such election. (Iowa Code Section 627.10.) This means that a resident of Iowa may only claim exemption of such property and to the extent as permitted under Sections 627.1 et seq. of the Iowa Code even if the exemption provided under the federal Bankruptcy Code may be more beneficial to the debtor.

KANSAS - For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Kansas, a judgment debtor may claim homestead exemption to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, that is occupied as a residence by the owner and his family.

Other exemptions include certain public or retirement benefits, and personal property that are necessary to sustain the basic needs of the judgment debtor and his family. Specifics of these exemptions are prescribed under K.S.A. 60-2301 et seq.

In a bankruptcy proceeding, a debtor, who is a resident of Kansas, is not permitted to elect the exemptions provided under federal law (K.S.A. 60-2312) even though the federal exemptions may be more beneficial in his situation, and some other states permit such election. However, such debtor may exempt, in addition to those exemptions provided under Kansas laws, certain property which are permitted under the federal bankruptcy law (11 U.S.C. Section 522).

KENTUCKY - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The Kentucky statutes permit exemption of a debtor’s real and personal property which are used by the debtor and his family as a residence in the aggregate value of $5,000.00. Some of the items of personal property which may be exempt include clothing, household furniture and furnishings and ornaments not to exceed $3,000.00 in value, tools, equipment and livestock not exceeding $3,000.00 in value, and motor vehicle and its necessary accessories not exceeding in aggregate $2,500.00 in value. (KRS 427.010.)

In addition, a debtor may be entitled to exemption of awards under a crime victim’s reparation law, certain portion of recovery from wrongful death or personal injury actions, pension, retirement benefits, (KRS 427.150), and a general exemption not to exceed $1,000.00 in value to be applied toward any property, real or personal, tangible or intangible, in his estate when he has filed for bankruptcy. (KRS 427.160.)

In a bankruptcy proceeding, a debtor, who is a resident of Kentucky, is not permitted to elect the exemptions provided under the federal Bankruptcy Code (K.S.A. 60-2312) even though the federal exemptions may be more beneficial in his situation. (KRS 427.170.)

MAINE - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The Maine statutes permit exemption of a debtor’s real and personal property which are used by the debtor and his family as a residence in the aggregate value of $12,500.00, or $25,000.00 if minor dependents are residing with the debtor. If the debtor or a dependent of the debtor is 60 years of age or older, the aggregate exempt value may be $60,000.00. Some of the items of personal property which may be exempt include clothing, household furniture and furnishings, musical instruments, etc., that are held primarily for the personal family or household use of the debtor or his dependent, with a value not to exceed $200.00 in each item, jewelry with an aggregate value not to exceed $750.00, tools of the trade in an aggregate value not to exceed $5,000.00. Other property which may be exempt include health aids, life insurance dividends up to a certain value, disability benefits and pension. (14 M.R.S.A. 4422.)

In a bankruptcy proceeding, a resident of Maine may claim exemption of only those items of property prescribed under the federal Bankruptcy Code (11 U.S.C. 522(b)(2)(A), except that any debtor (60 years or older) who qualifies for a residence exemption under 14 M.R.S.A. 4422(1)(B) may exempt the amount allowed under that provision.

MARYLAND - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

Personal property which may be exempt from execution, seizure or attachment may include wearing apparel, books, tools, instruments, or appliances, in an amount not to exceed $2,500 in value necessary for the practice of any trade or profession except those kept for sale, lease, or barter; money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings; professionally prescribed health aids for the debtor or any dependent of the debtor; the debtor’s interest, not to exceed $500 in value, in household furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items that are held primarily for the personal, family, or household use of the debtor or any dependent of the debtor; cash or property of any kind equivalent in value to $3,000; and any interest in a retirement plan qualified under 401 (a), 403 (a), 403 (b), 408, 408A, 414 (d), or 414 (e) of the United States Internal Revenue Code of 1986, as amended, or 409 (as in effect prior to January 1984) of the United States Internal Revenue Code of 1954, as amended.

In addition, an individual debtor domiciled in the State of Maryland may exempt the debtor’s aggregate interest, not to exceed $2,500 in value, in real property or personal property. (Courts: 11-504.)

In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by 522 (d) of the United States Bankruptcy Code. (Courts: 11-504(g).)

MASSACHUSETTS - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by 522 (d) of the United States Bankruptcy Code. (Courts: 11-504(g).)

MICHIGAN - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

A judgment debtor is generally entitled to a homestead exemption of not exceeding 40 acres of land and the dwelling house and appurtenances on the homestead in the value not exceeding $3,500. (27A.6021(h).

Some of the personal property which may be exempt from levy and sale under any execution may include all family pictures, all arms and accouterments required by law to be kept by any person, all wearing apparel of every person or family and fuel for comfortable subsistence of each householder and his or her family for six months; all household goods, furniture, utensils, books and appliances, not exceeding in value of $1,000; a seat, pew or slip occupied by the judgment debtor or his family in any house or place of public worship, and all cemeteries, tombs, and rights of burial while in use as repositories of the dead of the judgment debtor or his family; tools, implements, materials, stock, apparatus, team, vehicle, motor vehicle, horses, harness, or other things to enable a person to carry on the profession, trade, occupation or business not exceeding in value of $1,000; any benefits paid for the disability of the judgment debtor; an individual retirement account or individual retirement annuity as defined in section 408 of the Internal Revenue Code; and the right of the judgment debtor’s interest in a pension, profit-sharing, stock bonus, or other plan that is qualified under section 401 of the Internal Revenue Code, or an annuity contract under section 403 of the Internal Revenue Code. (MSA 27a.6021.

MINNESOTA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The debtor’s dwelling place, together with the land upon which it is situated to the amount of area and value hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor’s family, and be exempt from seizure or sale under legal process. (Sec. 501.01.) The amount of such homestead exemption, however, may not exceed $200,000 or, if the homestead is used primarily for agricultural purposes, $500,000. (Sec. 510.05.)

Some of the personal property which may be exempt from seizure or sale may include the debtor’s family Bible, library, and musical instruments, a seat or pew in any house or place of public worship, a lot in any burial ground, wearing apparel, one watch, utensils, and foodstuffs of the debtor and the debtor’s family; household furniture, household appliances, phonographs, radio and television receivers of the debtor and the debtor’s family, not exceeding $4,500 in value; Farm machines and implements used in farming operations by a debtor engaged principally in farming, livestock, farm produce, and standing crops, not exceeding $13,000 in value; tools, implements, machines, instruments, office furniture, stock in trade, and library reasonably necessary in the trade, business, or profession of the debtor, not exceeding $5,000 in value. Additional exempt personal property may include certain public assistance, employee benefits, and retirement plans.

MISSOURI - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection therewith, not exceeding the value of $8,000.00, is generally exempt from attachment and execution. This homestead exemption shall not be allowed for more than one owner if one owner claims the entire amount allowed but, if more than one owner claims an exemption of the same property, , the exemption allowed to each of such owners shall not exceed, in the aggregate, the total exemption allowed as to any one homestead. (Section 513.475.)

Personal property of a debtor which are exempt from attachment and execution may include household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily the use of the debtor and his dependent not to exceed $1,000 in value in aggregate; jewelry not to exceed $500.00 in value in aggregate; any other property of any kind, not to exceed in value $400.00 in the aggregate; any implements, professional books or tools of the trade not to exceed $2,000.00 in value in the aggregate; any motor vehicle, not to exceed $1,000.00 in value; any mobile home used as the principal residence, not to exceed $1,000.00 in value; any one or more unmatured life insurance contracts owned by the debtor, other than a credit life insurance contract; the amount of any accrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent; provided, however, that if proceedings under Title 11 of the United States Code are commenced by or against such person, the amount exempt in such proceedings shall not exceed in value $5,000.00 in the aggregate less any amount of property of the debtor transferred by the life insurance company to itself, not to be exempt from claim for child support; professional heath aids for the debtor or his dependent; social security benefit, unemployment compensation or a local public assistance benefit; veteran’s benefit; disability, illness or unemployment benefit; and alimony, support or separate maintenance, not to exceed $500.00 a month. In addition, payments made under certain pension or annuity plans and spendthrift trusts created for the benefit of employees may also be exempt. (Section 513.430.)

If the debtor is the head of a family, he may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of $850.00 plus $250.00 for each of such person’s unmarried dependent children under the age of eighteen years, except 10% of any debt, income, salary or wages due such head of a family. (Section 513.440.)

In a bankruptcy proceeding, a debtor who is a resident of the State of Missouri, is permitted to exempt from property of the estate any property that is exempt from attachment and execution under the law of the state of Missouri or under federal law, other than Title 11, United States Code, Section 522(d), and no such person is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d). (Section 513.427.)

MONTANA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

A judgment debtor is entitled to a homestead exemption of his dwelling house or mobile home, and all appurtenances thereon, from execution or forced sale. (MCA 70-32-101, 70-32-201.) If the debtor is married, the homestead may be selected from the property of either spouse. (MCA 70-32-103.) The value of a homestead may not exceed $60,000. (MCA 70-32-104(1).) If a debtor who is an owner of an undivided interest in real property claims a homestead exemption, he is limited to an exemption amount proportional to his undivided interest only. (MCA 70-32-104(2).)

A debtor, who is a resident of the State of Montana is also entitled to claim exemption of certain personal property from execution or forced sale. (MCA 25-13-606.) Some of the personal property which may be exempt from execution, without limitation, are professionally prescribed health aids for the debtor or his dependent, federal social security or local public assistance, veterans’ benefits, disability or illness benefits, benefits paid or payable for medical, surgical, or hospital care to the extent they are used or will be used to pay for the care, maintenance and child support, a burial plot, and social security legislation benefits. (MCA 25-13-608.) Personal property which are exempt up to a limited value may include household furnishings and goods, appliances, jewelry, wearing apparel, books, firearms and other sporting goods, animals, feed, crops, and musical instruments to the extent of a value not exceeding $600.00 in any item or $4,500.00 in aggregate value, one motor vehicle not to exceed $1,200 in value, implements, professional books and tools of the trade not to exceed $3,000.00 in aggregate value, and any unmatured life insurance contracts not to exceed $4,000.00 in value. (MCA 25-13-609.)

In situations where money or property has been sold, lost, damaged or destroyed, and the judgment debtor has been indemnified, he is entitled for six (6) months to an exemption of proceeds that are traceable. Earnings of the judgment debtor may also remain exempt for 45 days after receipt by him and while in his possession in a form that is traceable. For the purpose of tracing, the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor may be applied. (MCA 25-13-610.)

In a bankruptcy proceeding, a debtor may not claim exemption of the property specified in 11 U.S.C. 522(d) except for those property which may be exempt from execution of judgment under the laws of Montana, unemployment benefits and certain retirement plan benefits. (MCA 31-2-106.)

NEVADA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

In general, the equity in the homestead of a judgment debtor may be exempt from sale on execution and from process of court to the extent of $125,000.00 in value. (NRS 115.010.) Homestead may include a quantity of land, together with the dwelling house thereon and its appurtenances, a mobile home whether or not the underlying land is owned by the debtor, or a unit or real or personal property, with any appurtenant limited common elements, or its interest in the common elements of the common-interest community, selected by the debtor or his spouse, or either of them, or a single person. (NRS 115.005.)

Under NRS 21.090 some of the personal property of a judgment debtor which may be exempt from execution may include private libraries not to exceed $1,500 in value, and all family pictures and keepsake, necessary household goods and yard equipment not to exceed $3,000 in value, farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value, the cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by the debtor, not exceeding $4,500 in total value, one vehicle if the judgment debtor’s equity does not exceed $4,500, all money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000, any prosthesis or equipment prescribed by a physician or dentist, money, not to exceed $500,000 in present value held in qualified retirement plans, employee pension plan or profit sharing plans, money or other benefits held pursuant to the order of a competent jurisdiction for child or espousal support, education and maintenance.

In a bankruptcy action, residents of the State of Nevada are not allowed those exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586). (NRS 21.090(3).)

NEW HAMPSHIRE – In general, a debtor may claim exemption of homestead and certain personal property from attachment or execution or forced sale for the payment of debts. New Hampshire permits homestead exemption up to a value of $30,000. The homestead right may include manufactured housing, which is owned and occupied as a dwelling by the debtor but does not include the land upon which the manufactured housing is situated if the land is not also owned by the owner the manufactured housing. ( 480:1.)

Personal property and goods which may be exempted from attachment and execution may include wearing apparel necessary for the use of the debtor and his family; comfortable beds, bedsteads and bedding necessary for the debtor, his wife and children; household furniture to the value of $3,500; one cook stove, one heating stove and one refrigerator and necessary utensils belonging to the same; one sewing machine, kept for use by the debtor or his family; provisions and fuel to the value of $400; uniform, arms and equipment of every officer and private in the militia; bibles, school books and library of any debtor, used by him or his family, to the value of $800; tools of the debtor’s occupation to the value of $5,000; one hog and one pig, and the pork of the same when slaughtered; Six sheep and the fleeces of the same; one cow; a yoke of oxen or a horse, when required for farming or teaming purposes or other actual use; and hay not exceeding 4 tons; domestic fowls not exceeding $300 in value; the debtor’s interest in one pew in any meeting house in which he or his family usually worship; the debtor’s interest in one lot or right of burial in any cemetery; one automobile to the value of $4,000; jewelry owned by the debtor or his family to the value of $500; the debtor’s interest in any property, not to exceed $1,000 in value, plus up to $7,000 of any unused amount of the exemption provided under paragraphs III, VI, VIII, IX, XVI, and XVII of section 511:2.

NEW JERSEY – Goods and chattels, shares of stock or interests in any corporation and personal property of every kind, not exceeding in value, exclusive of wearing apparel, $1,000.00, and all wearing apparel generally are reserved for a judgment debtor’s family use before and after death, and are not subject to execution. (Sec. 2A:17-19.) Household goods and furniture not exceeding $1,000.00 in value of a person shall also be exempt from attachment, except for a debt incurred in the purchase thereof. (Sec. 2A:26-4.) In addition, disability benefits, sickness insurance policies, workers’ compensation benefits, and retirement benefits are generally exempt from execution. (Sec. 17:18-12, 34:15-29, 43:21-15 ), 43:13-9, 37.5.)

The State of New Jersey does not appear to provide a statutory provision for homestead exemption.

NEW MEXICO – In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

The homestead, to the extent of $30,000 of every person may be exempt from attachment, execution or foreclosure by a judgment creditor and from any proceeding of receivers or trustees in insolvency proceedings. If the homestead is owned jointly by two persons, each joint owner is entitled to an exemption of $30,000.00. Homestead refers to a dwelling house and land occupied by the debtor or occupied by him although the dwelling is on land owned by another person provided the dwelling is owned, leased or being purchased by the debtor. (42-10-9.) If the debtor does not own a homestead, he may claim exemptions, in addition to other exemptions, of real or personal property in the sum of $2,000 in lieu of the homestead exemption. (42-10-10.)

Personal property which may be exempt from receivers or trustees in bankruptcy or other insolvency proceedings, fines, attachment, execution or foreclosure by a judgment creditor, may include personal items in the amount of $500, tools of the trade in the amount of $1,500, one motor vehicle in the amount of $4,000, jewelry in the amount of $2,500, clothing, furniture, books, medical-health equipment being used for the health of the person and not for his profession, and any interest in or proceeds from a pension or retirement fund. All exempt items are valued at the market value of used chattels.
(42-10-1, 42-10-2.)

In addition, certain life, accident and health insurance benefits, beneficiary fund not exceeding $5,000, set apart, appropriated or paid, by any beneficiary fund not exceeding five thousand dollars [($5,000)], set apart, appropriated or paid, by any benevolent association or society, according to its rules, regulations or bylaws, to the family of any deceased member, or to any member of such family, and life insurance proceeds may also be exempt. (42-10-3, 42-10-4, 42-10-5.)

NEW YORK – In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding ten thousand dollars in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.

Some of the personal property exemption which may be claimed by a debtor may include all stoves kept for use in the judgment debtor’s dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances; the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor’s library; a seat or pew occupied by the judgment debtor or the family in a place of public worship; domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days; all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; a wedding ring; a watch not exceeding thirty-five dollars in value; and necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor’s profession or calling. In addition, a judgment debtor may also be entitled to exemption, to the extent allowed under the statute, certain portions of income, trust, security deposits, insurance policy, New York state college choice tuition savings program trust funds, award in a matrimonial action, and retirement plan funds. (Chptr. 8, Art. 52, Sec. 5205, New York Consolidated Laws.)

In accordance with the provisions of 11 U.S.C. Sec. 522(b), debtors domiciled in the State of New York are not authorized to exempt from the estate property that is specified under subsection (d) of such section. (Chptr. 12, Art. 10-A, Sec. 284, New York State Consolidated Laws.)

NORTH CAROLINA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts. Section 1C-1602 of the North Carolina General Statutes permits the election of the exemptions provided under Article X of the North Carolina Constitution or 1C-1601 of the North Carolina General Statutes.

Under the constitutional exemption, a debtor’s homestead and the dwellings and buildings used therewith, which he uses as a residence, up to a value fixed by the General Assembly but not less than $1,000 may be exempt from sale under execution or other final process obtained on any debt, except that no property may be exempt from sale for taxes, or for payment of obligations contracted for its purchase. The debtor may also be entitled to exemption up to five hundred dollars ($500.00) in value in his personal property. (Article X of the N.C. Constitution.)

The statutory exemptions provided under 1C-1601 of the North Carolina General Statutes include the debtor and his dependent’s aggregate interest or value in real property or personal property used as a residence, or in a burial plot, not to exceed $10,000; any property not to exceed $500, one motor vehicle not to exceed $1,500, household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use up to $3,500 for the debtor plus $750, but not to exceed $3,000 in total, for each dependent, any implements, professional books, or tools of the trade of the debtor or the trade not to exceed $750, life insurance proceeds, professionally prescribed health aids, compensation for personal injury or for death, but such exemption is not exempt from claims for funeral, legal, medical, dental, hospital, and health care charges related to the accident or injury giving rise to the compensation, individual retirement accounts qualified under Section 408(a) of the Internal Revenue Code, individual retirement annuities qualified under Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408 ) of the Internal Revenue Code.

In a bankruptcy proceeding, the exemptions provided in The Bankruptcy Act, 11 U.S.C. 522(d), are not applicable to residents of the State of North Carolina. ( 1C-1601(f).)

NORTH DAKOTA – In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

Homestead, under the law of North Dakota, consists of the land, and the dwelling thereon together with all appurtenances and improvements, which a judgment debtor uses as his residence. Any person, married or unmarried, is entitled to a total homestead exemption up to $80,000 in value, over and above all liens and encumbrances or both. (47-18-01.)

Personal property which maybe exempt from attachment or mesne process and from levy and sale upon execution and from any other final process issued from the court may include family pictures, pew or other sitting in any house of worship, lot or lots in any burial ground, family bible and all schoolbooks used as part of a family library not exceeding $100 in value, wearing apparel and clothing, provisions for the debtor and his family necessary for one year’s supply, crops and grain not to exceed 160 acres of land, insurance benefits covering any or all of the exempt property, and house trailer or mobile home occupied as a residence by the debtor. In addition, judgment debtor may select from his other personal property, any goods, chattels, merchandise, money and other personal property not exceeding in aggregate value of $5,000 if he is a head of the household (28-22-02, 28-22-03.), and $2,500 if he is a single person. (28-22-05.)

A resident of the State of North Dakota may further select, in lieu of the homestead exemption, up to $7,500, a motor vehicle up to $1,500, pensions, annuity policies or plans and life insurance policies and other retirement plans qualified under applicable Internal Revenue Code provisions, and the right to receive, or property that is traceable to, recovery from wrongful death not to exceed $7,500, recovery from personal injury not to exceed $7,500, social security benefits, and veteran’s disability pension benefits. (28-22-03.1.)

Other specific alternative exemptions may include miscellaneous books and musical instruments not to exceed $1,500 in value, household and kitchen furniture not to exceed $1,000 in value, livestock and farm implements not to exceed $4,500 in value, and tools and implements of any mechanic and stock in trade not to exceed $1,000 in value, and library and instruments of any profession not to exceed $1,000 in value. (28-22-04.)

OHIO - A debtor generally may claim exemption of certain real or personal property from execution of a judgment against him or in a bankruptcy proceeding. In a case where the judgment was for money owed for health care services or supplies, the debtor or his family may claim exemption of one parcel or item of real or personal property that he or his family uses as a residence. (O.R.C. 2329.66(A)(1)(a).) In all other judgments, a debtor may claim exemption of his interest, up to five thousand dollars ($5,000.00) in one parcel or item of real or personal property that he or his family uses as a residence, one thousand dollars ($1,000.00) in one automobile, four hundred dollars ($400.00) in cash, and certain amounts in other personal or trade items as provided in O.R.C. 2329.66.

These exemptions may also be claimed by a debtor in a bankruptcy action. While some states permit its residents to elect exemptions provided under federal law, the Statutes of Ohio specifically does not authorize such election even though the federal exemptions may be more beneficial to the debtor. (O.R.C. 2329.662.)

OKLAHOMA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

A debtor’s homestead within any city or town, owned and occupied as a residence only, or used for both residential and business purposes, may consist of not exceeding one (1) acre of land, to be selected by the debtor. To qualify for this exemption, at least 75% of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the debtor’s principal residence. If more than 25% of the total square foot area of the improvements for which a homestead exemption is claimed is used for business purposes, the homestead exemption amount shall not exceed Five Thousand Dollars ($5,000.00). (31-2C.) The homestead of a debtor which is not within any city or town, annexed by a city or town on or after November 1, 1997, owned and occupied and used for both residential and commercial agricultural purposes, may consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the debtor. (31-2B.)

Personal property which may be exempt, with or without value limitation, from attachment or execution, by the debtor or his dependent, may include all household and kitchen furniture held primarily for the personal, family or household use; any lot or lots in a cemetery held for the purpose of sepulcher; implements of husbandry necessary to farm the homestead; tools, apparatus and books used in any trade or profession; all books, portraits and pictures that are held primarily for the personal, family or household use; wearing apparel not to exceed $4,000 in aggregate value; professionally prescribed health aids; 5 milk cows and their calves under 6 months old; 100 chickens; 2 horses and 2 bridles and 2 saddles; one motor vehicle not to exceed $3,000 in value; one gun; 10 hogs, 20 head of sheep; all provisions and forage on hand, or growing for home consumption, and for the use of exempt stock for one (1) year; 75% of all current wages or earnings for personal or professional services earned during the last ninety (90) days, except as provided in Title 12 of the Oklahoma Statutes in garnishment proceedings for collection of child support; right to receive alimony, support, separate maintenance or child support payment to the extent reasonably necessary for the support of debtor and his dependent; qualified retirement plans; interest in a claim for personal bodily injury, and death or workers’ compensation, for a net amount not to exceed $50,000, but not including any claim for exemplary or punitive damages. (31-1A)

Under the Oklahoma Statutes, no natural person residing in the state may exempt from the property of the estate in any bankruptcy proceeding the property specified in subsection (d) of Section 522 of the Bankruptcy Reform Act of 1978, Public Law 95-598, 11 U.S.C.A. 101 et seq. (31-1B)

OREGON - In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

A debtor is entitled to a homestead exemption up to an amount of $25,000 in value for an individual and a combined exemption of $33,000 if two or more members of a household are debtors whose interests in the homestead are subject to execution. The homestead must be the actual abode of and occupied by the owner or the owner’s spouse, parent or child. (ORS 23.240.)

Personal property which are exempt from attachment or execution may include books, pictures and musical instruments to the value of $600; wearing apparel, jewelry and other personal items to the value of $1,800; tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $3,000; a vehicle to the value of $1,700; domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days; household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days’ supply of fuel; all professionally prescribed health aids for the debtor or a dependent of the debtor; espousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; the debtor’s right to receive, or property that is traceable to an award under any crime victim reparation law, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent; and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; the debtor’s interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption. (ORS 23.160.)

Other exemptions may include qualified retirement or pension plans (ORS 23.170, ORS 23.185), vocational rehabilitation benefits (ORS 344.580), veteran benefits (ORS 407.595), welfare benefits (ORS 411.760) and workers’ compensation benefits (ORS 656.234).

In a bankruptcy proceeding, residents of the State of Oregon are not permitted to claim the federal exemptions provided in Section 522 (d) of the Bankruptcy Code of 1978 (11 U.S.C. 522 (d)). (ORS 23.305.)

PENNSYLVANIA - In general, a debtor may claim exemption of certain personal property from attachment or execution or forced sale for the payment of debts. The Pennsylvania Consolidated Statutes contains no provision for homestead exemption.

Pennsylvania does not permit waiver of the exemptions from attachment or execution granted by statute by the debtor by express or implied contract before or after the commencement of the matter, the entry of judgment or otherwise. (42 Pa.C.S. 8122.) A judgment debtor generally is entitled to exemption from execution certain general monetary exemptions up to $300 in bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor. (42 Pa.C.S. 8123.)

Particular enumerated items of personal property which may be exempt may include goods such as wearing apparel, bibles and school books, sewing machines belonging to seamstresses or used and owned by private families, but not including sewing machines kept for sale or hire, and uniforms and accouterments; qualified retirement funds and accounts, pension or annuity, insurance proceeds, social security benefits, and workers’ compensation benefits. (42 Pa.C.S. 8124.)

RHODE ISLAND – In general, a debtor may claim exemption of certain personal property from attachment or execution or forced sale for the payment of debts. The Rhode Island General Laws contains no provision for homestead exemption.

Personal property which may be exempt from attachment on any warrant of distress or on any other writ, original, mesne, or judicial may include wearing apparel of a debtor or of the debtor’s family; working tools of a debtor necessary in the debtor’s usual occupation, not exceeding in value the sum of $500, and the professional library of any professional person in actual practice; household furniture and family stores of a housekeeper in the whole, including beds and bedding, not exceeding in value the sum of $1,000; bibles, school books, and other books in use in the family, not exceeding in value the sum of $300; the debtor’s interest in one lot or right of burial, as the case may be, in any cemetery; wages due or accruing to any sailor; debts secured by bills of exchange or negotiable promissory notes; salary and wages of the wife and the minor children of any debtor; such other property, real, personal, or mixed, in possession or actions as is or shall be exempted from attachment and execution, either permanently or temporarily, by general or special acts, charters of incorporation, or by the policy of the law; certain qualified retirement or annuity accounts; and the right or interest of a person in an annuity, pension, profit sharing, or other retirement plan protected by the Employee Retirement Income Security Act of 1974, Public Law 93-406, 29 U.S.C. 1001 et seq. ( 9-26-4.)

SOUTH DAKOTA – South Dakota Bankruptcy Exemptions
This list of exemptions updated April 2005. All law references are to South Dakota Codified Laws unless otherwise noted. Federal bankruptcy exemptions are not available in South Dakota.

Homestead
43-31-1 & 43-31-2 & 43-31-5 – Real property, including mobile home if larger than 240 square feet and registered in the State at least 6 months prior to filing bankruptcy, of unlimited value; but cannot exceed 1 acre in a town or 160 acres elsewhere. Sale proceeds are exempt for 1 year after sale up to $30,000 (of unlimited value if you are an unmarried widow or widower, or are over 70). Spouse or child of a deceased owner may also claim exemption. Cannot include gold or silver mine, mill, or smelter.

Personal Property
43-45-2 – All debtors may claim clothing; food and fuel to last 1 year; bible; books up to $200; pictures; church pew; burial plot; all property in South Dakota if judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of South Dakota.
43-45-4 – $4,000 of any personal property; $6,000 if head of family.
Wages
15-20-12 – Earned wages owing 60 days prior to filing for bankruptcy, needed for support.
24-8-10 – Wages of prisoners in work programs.
Pensions
3-12-115 – Public employees.
9-16-47 – City employees.
Public Benefits
28-7-16 – AFDC.
61-6-28 – Unemployment compensation.
62-4-42 – Workers’ compensation.

Tools of Trade
See Personal Property.

Insurance
43-45-6 – Life insurance proceeds if beneficiary is surviving spouse or child up to $10,000.
58-12-4 – Health benefits up to $20,000; endowment or life insurance policy, proceeds or cash value up to $20,000.
58-12-8 – Annuity contract proceeds up to $250 per month.
58-15-70 – Life insurance proceeds if policy prohibits use to pay creditors.
58-37-68 – Fraternal benefit society benefits.
Miscellaneous
48-7A-501 – Business partnership property.
Other – Add any applicable Federal Non-bankruptcy Exemptions

TENNESSEE - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. A judgment debtor generally is entitled to a homestead exemption upon real property from execution, attachment, or sale under legal proceedings during his life, to the extent of $5,000.00 in aggregate value, or $7,500.00 for joint owners, so long as the real property is occupied by the judgment debtor or both joint owners as their residence. If only one joint owner occupied the premises as his residence, the homestead exemption may not exceed $5,000.00.

Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor children for as long as the spouse or the minor children use such property as a principal place of residence. (26-2-301(a).)

Personal property which may be exempt from execution, seizure or attachment may include any items of his owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of four thousand dollars ($4,000). (26-2-102.) A judgment debtor is entitled to an absolute exemption of all necessary and proper wearing apparel for the actual use of himself and family and the trunks or receptacles necessary to contain same, all family portraits and pictures, and the family Bible and school books. (26-2-103(a).) Other exemptions to which a judgment debtor may be entitled may include state pension funds, retirement funds qualified under 401(a), 403(a), 403(b), and 408 of the federal Internal Revenue Code of 1986, as amended, (26-2-104), accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease (26-2-110), social security benefits, veteran’s benefits, disability, illness, or unemployment benefit (26-2-111).

For the purpose of a bankruptcy, the citizens of Tennessee are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978, 11 USC 522 (d) pursuant to section 522 (b) (1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978, Title 11 USC, section 522 (b) (1). (26-2-112.)

TEXAS – In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.

A debtor’s homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors. (Prop. C. 41.001.) If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, consists of not more than one acre of land which may be in one or more lots, together with any improvements thereon. (Prop. C. 41.002(a).) If used for the purposes of a rural home, the homestead consists of:

(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or

(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (Prop. C. 41.002(b).)

Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver’s license or who does not hold a driver’s license but who relies on another person to operate the vehicle for the benefit of the non-licensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)

Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)

UTAH - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

Under the Utah Exemption Act (Utah Code 78-23-1 et seq.), a person’s homestead is exempt from judicial lien and from levy, execution, or forced sale except for statutory liens for property taxes and assessments on the property, security interests in the property and judicial liens for debts created for the purchase price of the property, judicial liens obtained on debts created by failure to provide support or maintenance for dependent children, and consensual liens obtained on debts created by mutual contract. (Utah Code 78-23-3(d).) A homestead may consist of a dwelling or mobile home and the land surrounding it, not exceeding one acre, which is being used as his primary personal residence. The amount of homestead exemption an individual may claim can not exceed $10,000 in value. If the property claimed as exempt is jointly owned, each joint owner is entitled to a homestead exemption but the maximum exemption may not exceed $20,000. (Utah Code 78-23-3(1).)

Personal property which may be exempt under the Utah Exemption Act may include those that are exempt without value limitation, exempt to the extent necessary for the support of the debtor, and exempt as to a limited value. Property that are exempt without value limitation may include a burial plot, health aids reasonably necessary to enable the individual or a dependent to work or sustain health, benefits the individual or his dependent have received or are entitled to receive because of disability, illness, or unemployment from any source, benefits paid or payable for medical, surgical, or hospital care to the extent they are used by an individual or his dependent to pay for that care, veterans benefits, money or property received, and rights to receive money or property for child support, one clothes washer and dryer, one refrigerator, one freezer, one stove, one microwave oven, one sewing machine, all carpets in use, provisions sufficient for 12 months actually provided for individual or family use, all wearing apparel , not including jewelry or furs, and all beds and bedding, works of art depicting the debtor or the debtor and his resident family, or produced by the debtor or the debtor and his resident family, except works of art held by the debtor as part of a trade or business, proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual or of the wrongful death or bodily injury of another individual of whom the individual was or is a dependent to the extent that those proceeds are compensatory, and retirement plans qualified under Section 401(a), 401(h), 401(k), 403(a), 403(b), 408, 409, 414(d), or 414(e) of the United States Internal Revenue Code of 1986, as amended. (Utah Code 78-23-5.)

Personal property which may be exempt to the extent necessary for the support of a debtor and his dependents may include money or property received, and rights to receive money or property for alimony or separate maintenance, proceeds or benefits paid or payable on the death of an insured, if the individual was the spouse or a dependent of the insured, and assets held, payments, and amounts payable under a stock bonus, pension, profit-sharing, annuity, or similar plan providing benefits other than by reason of illness or disability. (Utah Code 78-23-6.)

Personal property which are exempt as to a limited value may include sofas, chairs, and related furnishings reasonably necessary for one household up to an aggregate value of $500.00; dining and kitchen tables and chairs reasonably necessary for one household up to an aggregate value of $500.00; animals, books, and musical instruments, if reasonably held for the personal use of the individual or his dependents up to an aggregate value of $500.00; and heirlooms or other items of particular sentimental value to the individual up to an aggregate value of $500.00; implements, professional books or tools of trade not exceeding $3,500 in aggregate value; and one motor vehicle where such motor vehicle is used for the claimant’s business or profession not exceeding $2,500 in value. (Utah Code 78-23-8.)

In a bankruptcy proceeding, residents of the State of Utah are not permitted to claim exemption of those property specified in Subsection (d) of Section 522 of the Bankruptcy Reform Act (Public Law 95-598). (Utah Code 78-23-15.)

VERMONT - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.

The homestead of a judgment debtor may be exempt from attachment or execution up the a value of $75,000.00. A homestead is defined as a dwelling house, outbuildings and the land used in connection therewith, owned and used or kept by the judgment debtor as a homestead together with the rents, issues, profits and products thereof. (Prop. C. 27-101.) When the value of a homestead exceeds the $75,000 value limitation, and the severance thereof would greatly depreciate the value of the residue of the premises or be of great inconvenience to the parties interested in the residue or the homestead, the interested party may apply for relief to the Superior Court by filing a complaint setting forth the facts. (Prop. C. 27-108.)

Personal property which may be exempt from execution and attachment may include the debtor’s interest in a motor vehicle or motor vehicles not to exceed $2,500 in aggregate value, professional or trade books or tools not to exceed $5,000 in aggregate value; a wedding ring, jewelry of the debtor or his dependent held primarily for the personal, family or household use not to exceed $500.00 in aggregate value, household furnishings, goods or appliances, books, wearing apparel, animals, crops or musical instruments that are held primarily for the personal, family or household use of the debtor or his dependent not to exceed $5,000 in aggregate value, growing crops not to exceed $5,000.00 in aggregate value; the debtor’s aggregate interest in any property not to exceed $400 in value plus $7,000 of any unused amount of exemption provided under subdivisions (1), (2), (4), (5) and (6) of Section 12-2740 of the Court Procedure, one cooking stove, appliances needed for heating, one refrigerator, one freezer, one water heater, sewing machines, ten cords of firewood, five tons of coals or 500 gallons of oil, 500 gallons of bottled gas, one cow, two goats, 10 sheep, 10 chickens, and feed sufficient to keep the cow, goats, sheep or chickens through one winter, three swarms of bees and their hives with their produce in honey, one yoke of oxen or steers or two horses kept and used for team work, two harnesses, two halters, two chains, one plow, and one ox yoke, bank account deposits not to exceed $700.00 in value, and self-directed retirement accounts of debtor not to exceed $10,000 in aggregate value.

Other personal property which may be exempt may include professionally prescribed health aids for the debtor or his dependent, unmatured life insurance contracts owned by the debtor, property traceable to or the debtor’s right to receive, to the extent reasonably necessary for the support of the debtor and any dependents of the debtor, Social Security benefits, veteran’s benefits, disability or illness benefits, alimony, support or separate maintenance, compensation awarded under a crime victim’s reparation law, compensation for personal bodily injury, pain and suffering or actual pecuniary loss of the debtor or an individual on whom the debtor is dependent, compensation for the wrongful death of an individual on whom the debtor was dependent, payment under a life insurance contract that insured the life of an individual on whom the debtor was dependent on the date of that individual’s death, compensation for loss of future earnings of the debtor or an individual on whom the debtor was or is dependent, and payments under a pension, annuity, profit-sharing, stock bonus, or similar plan or contract on account of death, disability, illness, or retirement from or termination of employment. (Court Proc. 12-2740.)

VIRGINIA - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. Virginia permits every householder exemption of real and personal property from creditor process arising out of a debt, an amount up to $5,000.00 in value, and an additional $500 in value for each dependent. (VA Code 34-4.) In addition, Virginia provides certain enumerated poor debtor’s exemption. Some of these exemptions include the family Bible, wedding and engagement rings, family portraits and heirlooms not to exceed $5,000.00 in value, burial ground, wearing apparel, household furniture and furnishings, book, tools, and motor vehicle not to exceed $2,000 in value. (VA Code 34-26.) Court award or settlement proceeds from personal injury or wrongful death actions generally are also exempt. (VA Code 34-28.1.)

In a bankruptcy proceeding, a debtor, who is a resident of Virginia, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even if the federal exemptions may be more beneficial in his situation. (VA Code 34-3.1.)

WASHINGTON - For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both.

Under the laws of Washington, a homestead consists of real or personal property that the owner uses as a residence (RCW 6.13.010). The homestead exemption amount generally may not exceed the lesser of (1) the total net value of the lands, mobile home, improvements, and other personal property, as described in RCW 6.13.010, or (2) the sum of thirty thousand dollars ($30,000.00) in the case of lands, mobile home, and improvements, or the sum of fifteen thousand dollars ($15,000.00) in the case of other personal property described in RCW 6.13.010.

Personal property which may be exempt from execution, attachment, and garnishment may include wearing apparel of every individual and family, but not to exceed $1,000.00 in value in furs, jewelry, and personal ornaments for any individual, private libraries of every individual, but not to exceed $1,500.00 in value, and all family pictures and keepsakes, household goods, appliances, furniture, and home and yard equipment, not to exceed $2,700.00 in value, cash or bank accounts in an amount not to exceed $100.00, two motor vehicles, farmer’s equipment and tools not to exceed $5,000.00 in value, professional library, office furniture, office equipment and supplies, not to exceed $5,000.00 in value, and tools of trade in an amount not to exceed $5,000.00 in value. Some other personal property exemption may include certain retirement plan benefits, insurance proceeds, public assistance and unemployment benefits. (RCW 6.15.010.)

In a bankruptcy proceeding, personal property exemptions may not be claimed by one spouse that is not a joint case or a joint administration of the estate with the bankruptcy estate of the other spouse where (a) bankruptcy is filed by both spouses within a six-month period, and (b) one spouse exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d). (RCW 6.15.050(7).)

WEST VIRGINIA – In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.

The homestead of a debtor, his spouse, parent or other head of a household residing in the State of West Virginia, or the infant children of deceased or insane parents, is exempt up to the value of $5,000 from all debts and liabilities, except debts incurred for the purchase money thereof, or for the erection of permanent improvements thereon, and claims for taxes or county or district or municipal levies due thereon. ( 38-9-1.) Homestead is defined as property owned and used as the principal home for the debtor, his spouse or a dependent, or any or all of them, whether classified as real property, chattel real, a fixture or personal property. ( 38-9-2.) In a situation where the debt or liability was for hospital or medical expenses incurred from a catastrophic illness or injury, the exemption value may be increased to $7,500. “Catastrophic illness or injury” means a medically verified illness or injury for which any insurance or other applicable benefits have been exhausted, and which incapacitates and creates a financial hardship upon the debtor, his or her spouse or sibling or dependent of the debtor, who uses the homestead as a principal home at the time the debt was incurred. (38-9-3(b).)

The personal property of a judgment debtor, up to the value of $1,000 may be exempt from execution or other process. The working tools of a mechanic, artisan or laborer’s trade or occupation may be exempt up to the value of $50. The total exemption however may not exceed the $1,000 limit. ( 38-8-1.)

In a bankruptcy proceeding, debtors who are domiciled in the State of West Virginia are not permitted to claim exemption of those property specified under the provisions of 11 U.S.C. 522(d). Instead, a debtor may claim exemption from property of the estate interest in real or personal property not to exceed $15,000 in value which are used as a residence by the debtor or his dependent or in a burial plot; one motor vehicle not to exceed $2,400 in value; household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the personal, family or household use of the debtor or a dependent of the debtor not to exceed $400 in value in any particular item and not to exceed $8,000 in total value; jewelry held primarily for personal, family or household use of the debtor or his dependent not to exceed $1,000 in value; any property not to exceed $800 in value plus any unused amount exempt under subsection (a) of 38-10-4; any implements, professional books or tools of the trade not to exceed $1,500 in value; any unmatured life insurance contract owned by the debtor other than a credit life insurance contract; any accrued dividend or interest under, or loan value of, any unmatured life insurance contract not to exceed $8,000 in value; professionally prescribed health aids for the debtor or a dependent of the debtor; social security benefit, unemployment compensation or local public assistance benefit, veteran’s benefit, disability, illness or unemployment benefit; alimony, support or separate maintenance to the extent reasonably necessary for the support of the debtor or any dependent of the debtor; limited payment under a stock bonus, pension, profit sharing, annuity or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; award under a crime victim’s reparation law; a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual’s death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment, not to exceed $15,000 on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and payments made to the prepaid tuition trust fund on behalf of any beneficiary. (38-10-4.)

WISCONSIN - For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Wisconsin, a homestead consists of the dwelling, including a building, condominium, mobile home, house trailer or cooperative, and so much of the land surrounding it as is reasonably necessary for use as a home, but not less than 0.25 acres, if available, and not exceeding 40 acre, within the limitation as to value under Sec. 815.20, except as to lien attaching or rights of devisees or heirs of person dying before the effective date of any increase of that limitation as to value. (Sec. 990.01(14).) The statutory homestead exemption allowed under Section 815.20 is $40,000.00 per household, except mortgages, laborers’, mechanics’ and purchase money liens and taxes. (Sec. 815.20.)

Some of the personal property which may be exempt from execution, attachment, and garnishment may include provisions for burial, business and farm property not to exceed $7,500.00, consumer goods not to exceed $5,000.00, federal disability insurance benefits, fire and casualty insurance, unmatured life insurance on the life of the debtor or his dependent with an aggregate interest not to exceed $4,000.00 in value, motor vehicles not to exceed $1,200.00 in aggregate value, life insurance claims, personal injury recovery not to exceed $25,000.00, retirement benefits, and deposit accounts in the aggregate value of $1,000.00. (Sec. 815.18.)

WYOMING - In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

A judgment debtor is generally entitled to a homestead exemption not to exceed $10,000 in value against execution and attachment arising from any debt, contract or civil obligation. (WS 1-20-101.) The homestead may consist of a house and lot, a farm consisting of any number of acres, or a house trailer or other moveable home with a value not to exceed $6,000 which is being used as the residence of the debtor. (WS 1-20-104.)

Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Wyoming, may include wearing apparel not to exceed $1,000.00 in value; family bible, pictures and school books; a lot in any cemetery or burial ground; furniture, bedding, provisions and other household articles of any kind or character as the debtor may select, not exceeding in all the value of $2,000.00; a motor vehicle not exceeding in value $2,400.00; tools, team, implements or stock in trade of any person, used and kept for the purpose of carrying on his trade or business, not exceeding in value $2,000.00, or the library, instruments and implements of any professional person, not exceeding in value $2,000.00. (WS 1-20-106.) Other personal property which may be exempt from execution, attachment, garnishment or any other process issued by any court may include retirement plan, pension or annuity and qualified medical savings account (WS 1-20-110.), social security benefits and supplemental security income, veteran’s benefits, black lung benefits, personal opportunities with employment responsibilities (POWER) payments, federal civil service and state retirement system benefits as provided in 5 U.S.C. 8346 and W.S. 9-3-426 and 9-3-620, worker’s compensation benefits and unemployment compensation benefits. (WS 1-17-102.)

In a bankruptcy proceeding, any person who domiciles in the State of Wyoming is not authorized to elect the exemptions provided in 11 U.S.C. s522(d). The term “domicile” means any resident who has been located in Wyoming for the one hundred eighty (180) days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of the one hundred eighty (180) day period than in any other place. (WS 1-20-109.)

Comments on this entry are closed.

Bankruptcy Exemptions

Pages