Bankruptcy Exemption Citations
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In re Holt, 894 F.2d 1005 (8th Cir. 1990) - In a federal bankruptcy case Arkansas allows its residents to choose either the property exemptions provided by the laws of Arkansas or the property exemptions provided by Code § 522(d). ACA § 16-66-217.
In re Stevens, 829 F.2d 693 (8th Cir. 1987) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
Ark. Code Ann. § 16-66-208 - Earned but unpaid wages due for 60 days; in no event less than $25 per week
Ark. Code Ann. § 16-66-209 - Life, health, accident, or disability cash value or proceeds paid or due to $500
Ark. Code Ann. § 16-66-210 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
Ark. Code Ann. § 16-66-217 - In a federal bankruptcy case Arkansas allows its residents to choose either the property exemptions provided by the laws of Arkansas or the property exemptions provided by Code § 522(d). ACA § 16-66-217.
Ark. Code Ann. § 16-66-218 (b)(3), (4) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
Ark. Const. Art. 9, § 2 - $500 of any personal property if married or head of family; $200 if not married
Ark. Const. Art. 9, § 3 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
Ark. Const. Art. 9, § 4 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
Ark. Const. Art. 9, § 5 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
Ariz. Rev. Stat. § 33-1123 - Household furniture and furnishings, household goods, including consumer electronic devices, and household appliances personally used by the debtor or a dependent of the debtor and not otherwise specifically prescribed in this chapter are exempt from process provided their aggregate fair market value does not exceed $15,000.
Ariz. Rev. Stat. § 33-1125 - Bible; bicycle; sewing machine; typewriter; computer, burial plot; rifle, pistol, or shotgun to $1000 total
Ariz. Rev. Stat. § 33-1125 - Books to $250; clothing to $500; wedding & engagement rings to $2,000; watch to $150; pets, horses, milk cows, & poultry to $800; musical instruments to $400
Cal. Civ. Proc. Code § 704.225 - Deposit accounts to the extent necessary for the support of the judgment debtor, as well as the judgment debtor’s spouse and dependents.
Cal. Civ. Proc. Code § 704.080 - Bank deposits from Social Security Administration to $3,825 ($5,725 for husband and wife); unlimited if SS funds are not commingled with other funds Bank deposits of other public benefits to $1,900 ($2,825 for husband and wife)
Cal. Civ. Proc. Code § 704.010 - Motor vehicles to $7,500, or $7,500 in auto insurance for loss or damages for 90 days (husband and wife may not double). Vehicle modifications for health aids exempt.
Cal. Civ. Proc. Code § 704.050 (b) - Motor vehicles to $7,500, or $7,500 in auto insurance for loss or damages for 90 days (husband and wife may not double). Vehicle modifications for health aids exempt.
Colo. Rev. Stat. § 13-54-102 (x) - Firearms and hunting and fishing equipment held for personal, family, or household use or for the personal safety of the debtor and members of the debtor's household, to $1,000
Colo. Rev. Stat. § 13-54-102 (j)(I), (II) - Motor vehicles or bicycles used for work to $15,000; to $25,000 if used by a debtor or by a dependent who is disabled or age 60 or older. Excludes snowmobiles, ATVs, golf carts, boats or other watercraft, travel trailers, tent trailers, or motor homes.
D.C. Code Ann. § 15-501 (a)(2) - Appliances, books, clothing, household furnishings, and goods, musical instruments, pets to $425 per item or $8,625 total
Del. Code Ann. tit. 10, § 4914 (b) - Up to $25,000 total in personal property and/or equity in real property, other than the debtor's principal residence
Del. Code Ann. tit. 10, § 4916 - College investment plan account (limit for year before filing is $5,000 or average of past two years' contribution whichever is more)
Fla. Stat. Ann. § 222.25 - $4,000 of any personal property in lieu of homestead exemption. This exemption does not apply to a debt owed for child support or spousal support.
Iowa Code § 627.6 (1)(a) - Wedding or engagement rings, limited to $7,000 if purchased after the date of marriage and less than two prior to years of filing.
Iowa Code § 627.6 (5) - Clothing & its storage containers, household furnishings, appliances, musical instruments, and other personal property to $7,000
Idaho Code § 11-605 (4) - Provisions of food or water together with storage containers and shelving, sufficient for twelve (12) months for use of the debtor or dependents
Idaho Code § 11-605 (1) - Appliances, furnishings, books, clothing, pets, musical instruments, family portraits, & sentimental heirlooms to $1,000 per item, $7,500 total
735 Ill. Comp. Stat. 5/12-1001 (j) - Illinois College Savings Pool accounts, invested more than 1 year before filing if below federal gift tax limit, or 2 years if more than federal gift tax limit
Ind. Code Ann. § 34-55-10-2 (c)(9) - Education savings accounts and prepaid tuition; unlimited for contributions made at least two years prior to filing; to $5,000 for contributions made between 1 and years prior to filing. No exemption for contributions made less than 1 year prior to filing.
Ind. Code Ann. § 34-55-10-2 (c)(10) - Education savings accounts and prepaid tuition; unlimited for contributions made at least two years prior to filing; to $5,000 for contributions made between 1 and years prior to filing. No exemption for contributions made less than 1 year prior to filing.
In re Mahony, 374 B.R. 717 (Bankr.W.D.Mo. Sep 04, 2007) - Personal injury causes of action - NO LONGER EXEMPT as of September 4, 2007 - no "common law" exemptions in Missouri. Must all be statutory, according to In re Mahony (W.D.Mo.), citing In re Benn (8th Cir).
In re Benn, 491 F.3d 811 (8th Cir. 2007) - Personal injury causes of action - NO LONGER EXEMPT as of September 4, 2007 - no "common law" exemptions in Missouri. Must all be statutory, according to In re Mahony (W.D.Mo.), citing In re Benn (8th Cir).
In re Mitchell,, 73 B.R. 93 (E.D. Mo. 1987) - Personal injury causes of action - NO LONGER EXEMPT as of September 4, 2007 - no "common law" exemptions in Missouri. Must all be statutory, according to In re Mahony (W.D.Mo.), citing In re Benn (8th Cir).
Miss. Code Ann. § 85-3-1 (f) - Tax-qualified §529 education savings plans, including those under the prepaid Mississippi Prepaid Affordable College Tuition (MPACT) Program
Miss. Code Ann. § 85-3-1 (a) - Tangible personal property to $10,000: any items worth less than $200 each; furniture, dishes, kitchenware, household goods, appliances, 1 radio & 1 TV, 1 firearm, 1 lawnmower, clothing, wedding rings, motor vehicles, tools of the trade, books, crops, health aids, domestic animals (does not include works of art, antiques, jewelry, or electronic entertainment equipment)
N.C. Gen. Stat. § 1C-1601 (a)(4),(d) - Animals, crops, musical instruments, books, clothing, appliances, household goods & furnishings to $5,500 total; may add $1,000 per dependent, up to $4,000 total additional (all property must have been purchased at least 90 days before filing)
N.D. Cent. Code § 28-22-03.1 (9)(d) - Payments to debtor or to individual of whom debtor is a dependent, on account of bodily injury or financial loss to $18,450
N.D. Cent. Code § 28-22-02 - 1. All debtors may exempt: Bible, schoolbooks; other books
Burial plots, church pew;
Wearing apparel to $5,000, and all clothing of the debtor & debtor's family
Family pictures ;
Crops or grain raised by debtor on 160 acres where debtor resides; 28-22-02(8)
Food & fuel to last 1 year
Insurance proceeds for exempt property, if held in cash or invested in other exempt property
Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner's disability 28-22-03.1(2)
Personal injury recoveries to $7,500
Wrongful death recoveries to $7,500
N.D. Cent. Code § 28-22-03.1 - 1. All debtors may exempt: Bible, schoolbooks; other books
Burial plots, church pew;
Wearing apparel to $5,000, and all clothing of the debtor & debtor's family
Family pictures ;
Crops or grain raised by debtor on 160 acres where debtor resides; 28-22-02(8)
Food & fuel to last 1 year
Insurance proceeds for exempt property, if held in cash or invested in other exempt property
Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner's disability 28-22-03.1(2)
Personal injury recoveries to $7,500
Wrongful death recoveries to $7,500
N.D. Cent. Code § 28-22-03 - Head of household not claiming crops or grain may claim $7,500 of any personal property
N.D. Cent. Code § 28-22-05 - Non-head of household not claiming crops or grain may claim $3,750 of any personal property
N.J. Stat. Ann. § 2A:17-19 - Personal property & possessions of any kind, stock or interest in corporations to $1,000 total
N.M. Stat. Ann. § 42-10-1 (A)(1),(B) - Household goods and furnishings to $75,000 in aggregate, but caps on some kinds of property: up to 2 firearms, musical instruments to $4,000, toys, games, sports, hobby and craft equipment, materials and supplies to $2,000
Nev. Rev. Stat. Ann. § 21.100 - Metal-bearing ores, geological specimens, art curiosities, or paleontological remains; must be arranged, classified, catalogued, & numbered in reference books
Nev. Rev. Stat. Ann. § 21.090 (1)(b) - Appliances, household goods, furniture, electronics, clothing, home & yard equipment owned by debtor or dependent of debtor to $12,000 total
N.Y. CPLR § 5205 (1)(l) - Up to $3,000 of electronic deposits of exempt payments into bank account within last 45 days
N.Y. CPLR § 5205 - Clothing, furniture, refrigerator, TV, radio, computer and cell phone, crockery, cooking utensils & tableware, dishes necessary for family;
Stoves and home heating equipment with fuel to last 120 days;
Wedding ring, jewelry and art to $1,175;
Religious texts, schoolbooks, other books to $600;
Church pew or seat;
Domestic animal with food to last 120 days, to $1,175;
(NY CPLR § 5205)
In bankruptcy, these personal property exemptions claimed under NY CPLR § 5205 may not exceed $11,975 total (including tools of trade & limited annuity) (NY DEBT & CRED § 283)
N.Y. Debt. & Cred. Law § 283 - Clothing, furniture, refrigerator, TV, radio, computer and cell phone, crockery, cooking utensils & tableware, dishes necessary for family;
Stoves and home heating equipment with fuel to last 120 days;
Wedding ring, jewelry and art to $1,175;
Religious texts, schoolbooks, other books to $600;
Church pew or seat;
Domestic animal with food to last 120 days, to $1,175;
(NY CPLR § 5205)
In bankruptcy, these personal property exemptions claimed under NY CPLR § 5205 may not exceed $11,975 total (including tools of trade & limited annuity) (NY DEBT & CRED § 283)
N.Y. CPLR § 5205 (a)(8) - Motor vehicle to $4,825. $11,975 if vehicle equipped for a disabled person (husband & wife may double)
N.Y. Debt. & Cred. Law § 283 (2) - (Contingent Alternative Exemption for debtors who do not claim homestead): Cash (including savings bonds, tax refunds, bank & credit union deposits) to $6,000, or to $11,975 minus the aggregate total exemptions taken for personal property, whichever amount is less
Ohio Rev. Code Ann. § 2329.66 (A)(3); - Cash, money due within 90 days, tax refund, bank, security, & utility deposits to $550 total (husband & wife may double)
Ohio Rev. Code Ann. § 2329.66 (A)(4) - Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $700 per item; jewelry to $1,875 for 1 or more items; $14,875 total.
In re Szydlowski, 186 B.R. 907 (N.D. Ohio 1995) - Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $700 per item; jewelry to $1,875 for 1 or more items; $14,875 total.
Or. Rev. Stat. § 18.345 (1)(l),(3) - Compensation for lost earnings payments for debtor or someone debtor depended on, to extent needed (husband & wife may double)
Tenn. Code Ann. § 26-2-111 (2)(B),(C) - Personal injury recoveries to $7,500; wrongful death recoveries to $10,000 ($15,000 total for personal injury, wrongful death, & crime victims' compensation)
- 1 two-, three- or four-wheeled motor vehicle per family member or per single adult who holds a driver's license; or, if not licensed, who relies on someone else to operate vehicle
Tex. Prop. Code Ann. § 42.002 (a)(10),(11) - Pets & domestic animals plus their food: 2 horses, mules, or donkeys & tack; 12 head of cattle; 60 head of other livestock; 120 fowl
Tex. Prop. Code Ann. § 42.002 (a)(9) - 1 two-, three- or four-wheeled motor vehicle per family member or per single adult who holds a driver's license; or, if not licensed, who relies on someone else to operate vehicle
Va. Code Ann. § 64.2-310 - Surviving spouse may claim $20,000 of decedents personal property; if no surviving spouse, minor children may claim exemption
Wash. Rev. Code Ann. § 6.15.010 (1)(c)(i) - Appliances, furniture, household goods, home & yard equipment to $6,500 total for individual ($13,000 for community) per-item limit of $750.
Wis. Stat. Ann. § 815.18 (3)(g) - Motor vehicles to $4,000 (husband & wife may double; unused portion of $12,000 personal property exemption may be added)
Wis. Stat. Ann. § 815.18 (3)(d) - Household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals, and other tangible personal property to $12,000 total (husband & wife may double)