Bankruptcy Exemption Citations
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In re Lindstrom, 331 B.R. 267 (E.D. Mich. 2006) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
In re Sassak, 426 B.R. 680 (Bankr. E.D. Mich 2010) - Michigan has not opted out (Federal exemptions are available) but has enacted a special bankruptcy only exemption statute. However debtors may use other state exemptions as well.
Vinson v. Dakmak, 347 B.R. 620 (E.D. Mich 2006) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5311 - Head of household may keep 60% of earned but unpaid wages (no less than $15/week), plus $2/week per nonspouse dependent; if not head of household may keep 40% (no less than $10/week)
Mich. Comp. Laws § 600.5451 (1)(m) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Ga. Code Ann. § 44-13-100 (a)(9) - Unmatured life insurance dividends, interest, loan value, or cash value to $2,000 if beneficiary is you or someone you depend on
Iowa Code § 627.6 (6) - Life insurance proceeds paid to spouse, child, or other dependent (limited to $10,000 if acquired within 2 years of filing for bankruptcy)
Iowa Code § 627.6 (6)(c) - Upon death of insured, up to $15,000 total proceeds from all matured life, accident, health, or disability policies exempt from beneficiary's debts contracted before insured's death
Iowa Code § 508.32 - Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors
Iowa Code § 627.6 (6) - Accident, disability, health, illness, or life proceeds or avails
Idaho Code § 63-3022K - Medical, surgical, or hospital care benefits & amount in medical savings account
Idaho Code § 55-1008 - Homeowners' insurance proceeds to amount of homestead exemption
Idaho Code § 41-1930 - Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors
Idaho Code § 11-604 (d) - Life insurance proceeds or avails for beneficiary other than the insured
Idaho Code § 41-1833 - Life insurance proceeds or avails for beneficiary other than the insured
Idaho Code § 11-603 (5) - Medical, surgical, or hospital care benefits & amount in medical savings account
Idaho Code § 11-605 (9) - Unmatured life insurance contract, other than credit life insurance, owned by debtor
Idaho Code § 11-605 (10) - Unmatured life insurance contract interest or dividends to $5,000 owned by debtor or person debtor depends on
Idaho Code § 41-1836 - Annuity contract proceeds to $1,250 per month; if no payments currently being made, cash surrender value to amount of premiums paid during six months before filing.
215 Ill. Comp. Stat. 5/238 - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
735 Ill. Comp. Stat. 5/12-1001 (f) - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
In re Stilwell, 321 B.R. 471 (C.D.Ill. 2005) - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
In re Ashley, 317 B.R. 352 (Bankr.C.D.Ill. 2004) - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
Mass. Gen. Laws ch. 175, § 119A - Life insurance or annuity contract proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors
Md. Code Ann., [Com. Law] § 15-601.1 (3) - Medical insurance benefits deducted from wages plus medical insurance payments to $145 per week or 75% of disposable wages
Minn. Stat. Ann. § 550.37 subd. 23 - Unmatured life insurance contract dividends, interest, or loan value to $10,000 if insured is debtor or person debtor depends on
Neb. Rev. Stat. § 44-1089 - Fraternal benefit society benefits to $100,000 loan value from assets established more than three years prior to bankruptcy; no exemption if beneficiary convicted of a crime related to benefits
N.Y. Ins. Law § 3212 (d) - Annuity contract benefits due the debtor, if
debtor paid for the contract; $5,000 limit
if purchased within 6 mos. prior to filing &
not tax-deferred
N.Y. Debt. & Cred. Law § 283 (1) - Annuity contract benefits due the debtor, if
debtor paid for the contract; $5,000 limit
if purchased within 6 mos. prior to filing &
not tax-deferred
N.Y. Est. Powers & Trusts Law § 7-1.5 (a)(2) - Life insurance proceeds left at death
with the insurance company, if clause
prohibits proceeds from being used to pay
beneficiary's creditors
N.Y. Ins. Law § 3212 (b) - Life insurance proceeds and avails if the
beneficiary is not the debtor, or if debtor's
spouse has taken out policy
36 Okla. Stat. Ann. § 3631.1 - Life, health, accident, & mutual benefit insurance proceeds & cash value, if clause prohibits proceeds from being used to pay beneficiary's creditors
42 Pa. Cons. Stat. Ann. § 8124 (c)(3) - Insurance policy or annuity contract payments, where insured is the beneficiary, cash value or proceeds to $100 per month
42 Pa. Cons. Stat. Ann. § 8124 (c)(4) - Life insurance and annuity proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors
S.C. Code Ann. § 15-41-30 (A)(8) - Proceeds & cash surrender value of life insurance payable to beneficiary other than insured's estate and for the express benefit of insured's spouse, children, or dependents (must be purchased 2 years before filing to avoid $4,000 cap)
S.C. Code Ann. § 38-63-50 - Benefits accruing under life insurance policy after death of insured, where proceeds left with insurance company pursuant to agreement; benefits not exempt from action to recover necessaries if parties agree
S.C. Code Ann. § 38-63-40 (A) - Proceeds & cash surrender value of life insurance payable to beneficiary other than insured's estate and for the express benefit of insured's spouse, children, or dependents (must be purchased 2 years before filing to avoid $4,000 cap)
S.D. Codified Laws Ann. § 58-12-4 - Endowment, life insurance, policy proceeds to $20,000; if policy issued by mutual aid or benevolent society, cash value to $20,000
Tex. Ins. Code Ann. § 1108.051 - Life, health, accident, or annuity benefits, monies, policy proceeds, & cash values due or paid to beneficiary or insured
Wis. Stat. Ann. § 815.18 (3)(f) - Unmatured life insurance contract's accrued dividends, interest, or loan value to $4,000 total, if debtor owns contract & insured is debtor or dependents, or someone debtor is dependent on
Wis. Stat. Ann. § 815.18 (3)(f) - Unmatured life insurance contract (except credit insurance contract) if debtor owns contract & insured is debtor or dependents, or someone debtor is dependent on
Wis. Stat. Ann. § 632.42 - Life insurance proceeds held in trust by insurer, if clause prohibits proceeds from being used to pay beneficiary's creditors
W. Va. Code § 38-10-4 (h) - Unmatured life insurance contract's accrued dividend, interest, or loan value to $8,000, if debtor owns contract & insured is either debtor or a person on whom debtor is dependent