Bankruptcy Exemption Citations
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Exemption: 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).
In re Parsons, 437 B.R. 854 (Bankr. E.D. Mo. 2010) - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
Mo. Rev. Stat. § 513.430 1.(10) (f) - Retirement plan, profit-sharing plan, health savings plan, or similar plan, including an inherited account or plan, qualified under section 401(a), 403(a), 403 (b), 408, (IRA) 408A (Roth IRA), or 409 of the federal tax code, inlcuding an iherited account or plan
Mo. Rev. Stat. § 513.430 1.(3) - $1,250 of any property if head of family, else $600; head of family may claim additional $350 per unmarried dependent child under age 21.
Mo. Rev. Stat. § 513.440 - $1,250 of any property if head of family, else $600; head of family may claim additional $350 per unmarried dependent child under age 21.
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Mo. Rev. Stat. § 513.475 - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
Mo. Rev. Stat. § 525.030 - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
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).
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)