Bankruptcy Exemption Citations
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← Oklahoma Opt Out Exemptions

Exemption: Oklahoma has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). OSA 31 § 1(B).

Citation: Stat. - 31 Okla. Stat. Ann. § 1 (B)

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31 Okla. Stat. Ann. § 1 (B):
Title 31. Homestead and Exemptions (Refs & Annos)

� 1. Property exempt from attachment, execution or other forced sale-- Bankruptcy proceedings

A. Except as otherwise provided in this title and notwithstanding subsection B of this section, the following property shall be reserved to every person residing in the state, exempt from attachment or execution and every other species of forced sale for the payment of debts, except as herein provided:

1. The home of such person, provided that such home is the principal residence of such person;

2. A manufactured home, provided that such manufactured home is the principal residence of such person;

3. All household and kitchen furniture held primarily for the personal, family or household use of such person or a dependent of such person;

4. Any lot or lots in a cemetery held for the purpose of sepulcher;

5. Implements of husbandry necessary to farm the homestead;

6. Tools, apparatus and books used in any trade or profession of such person or a dependent of such person;

7. All books, portraits and pictures that are held primarily for the personal, family or household use of such person or a dependent of such person;

8. The person's interest, not to exceed Four Thousand Dollars ($4,000.00) in aggregate value, in wearing apparel that is held primarily for the personal, family or household use of such person or a dependent of such person;

9. All professionally prescribed health aids for such person or a dependent of such person;

10. Five milk cows and their calves under six (6) months old, that are held primarily for the personal, family or household use of such person or a dependent of such person;

11. One hundred chickens, that are held primarily for the personal, family or household use of such person or a dependent of such person;

12. Two horses and two bridles and two saddles, that are held primarily for the personal, family or household use of such person or a dependent of such person;

13. Such person's interest, not to exceed Three Thousand Dollars ($3,000.00) in value, in one motor vehicle;

14. One gun, that is held primarily for the personal, family or household use of such person or a dependent of such person;

15. Ten hogs, that are held primarily for the personal, family or household use of such person or a dependent of such person;

16. Twenty head of sheep, that are held primarily for the personal, family or household use of such person or a dependent of such person;

17. All provisions and forage on hand, or growing for home consumption, and for the use of exempt stock for one (1) year;

18. Seventy-five percent (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;

19. Such person's right to receive alimony, support, separate maintenance or child support payments to the extent reasonably necessary for the support of such person and any dependent of such person;

20. Subject to the Uniform Fraudulent Transfer Act, Section 112 et seq. of Title 24 of the Oklahoma Statutes, any interest in a retirement plan or arrangement qualified for tax exemption purposes under present or future Acts of Congress; provided, such interest shall be exempt only to the extent that contributions by or on behalf of a participant were not subject to federal income taxation to such participant at the time of such contributions, plus earnings and other additions thereon; provided further, any transfer or rollover contribution between retirement plans or arrangements which avoids current federal income taxation shall not be deemed a transfer which is fraudulent as to a creditor under the Uniform Fraudulent Transfer Act. "Retirement plan or arrangement qualified for tax exemption purposes" shall include without limitation, trusts, custodial accounts, insurance, annuity contracts and other properties and rights constituting a part thereof. By way of example and not by limitation, retirement plans or arrangements qualified for tax exemption purposes permitted under present Acts of Congress include defined contribution plans and defined benefit plans as defined under the Internal Revenue Code ("IRC"), individual retirement accounts, individual retirement annuities, simplified employee pension plans, Keogh plans, IRC Section 403(a) annuity plans, IRC Section 403(b) annuities, and eligible state deferred compensation plans governed under IRC Section 457. This provision shall be in addition to and not a limitation of any other provision of the Oklahoma Statutes which grants an exemption from attachment or execution and every other species of forced sale for the payment of debts. This provision shall be effective for retirement plans and arrangements in existence on, or created after April 16, 1987;

21. Such person's interest in a claim for personal bodily injury, death or workers' compensation claim, for a net amount not in excess of Fifty Thousand Dollars ($50,000.00), but not including any claim for exemplary or punitive damages;

22. Funds in an individual development account established pursuant to the provisions of Section 251 et seq. of Title 56 of the Oklahoma Statutes;

23. Any interest in a Roth individual retirement account created pursuant to the provisions of Section 408A of the Internal Revenue Code, 26 U.S.C., Section 408A;

24. Any interest in an education individual retirement account created pursuant to the provisions of Section 530 of the Internal Revenue Code, 26 U. S.C., Section 530;

25. Any amount received pursuant to the federal earned income tax credit; and

26. Any interest in an Oklahoma College Savings Plan account established pursuant to the provisions of Section 3970.1 et seq. of Title 70 of the Oklahoma Statutes.

B. No natural person residing in this 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., except as may otherwise be expressly permitted under this title or other statutes of this state.

C. In no event shall any property under paragraph 5 or 6 of subsection A of this section, the total value of which exceeds Five Thousand Dollars ($5,000.00), of any person residing in this state be deemed exempt.
Last Amended: 2005
2005

R.L.1910, � 3342; Laws 1915, c. 188, � 1; Laws 1937, p. 8, � 1, emerg. eff. April 10, 1937; Laws 1957, p. 214, � 1, emerg. eff. June 5, 1957; Laws 1977, c. 238, � 1, eff. Oct. 7, 1977; Laws 1978, c. 190, � 6, eff. Oct. 1, 1978; Laws 1980, c. 342, � 1, emerg. eff. June 25, 1980; Laws 1981, c. 118, � 2, eff. Oct. 1, 1981; Laws 1984, c. 78, � 1, emerg. eff. April 3, 1984; Laws 1987, c. 24, � 1, emerg. eff. April 16, 1987; Laws 1998, c. 429, � 11, eff. Nov. 1, 1998; Laws 1999, c. 390, � 1, emerg. eff. June 8, 1999; Laws 2003, c. 152, � 1, emerg. eff. April 28, 2003; Laws 2005, c. 181, � 1.
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Other Oklahoma Exemption Citations

50 State Opt Out Exemptions

  • In re McNutt, 87 BR 84 (9th Cir. 1988) - Alaska has not elected to "opt out" of the federal exemptions pursuant to Code § 522(b). Instead, Alaska has enacted a provision, AS § 09.38.055, which limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.
  • Alaska Stat. § 09.38.055 - Alaska has not elected to "opt out" of the federal exemptions pursuant to Code § 522(b). Instead, Alaska has enacted a provision, AS § 09.38.055, which limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.
  • Ala. Code § 6-10-11 - Alabama has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). AC § 6-10-11.
  • 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.
  • 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.
  • Ariz. Rev. Stat. § 33-1133 (B) - Arizona has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ARSA § 33-1133(B)
  • Cal. Civ. Proc. Code § 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). CCPC § 703.130. In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code � 522(d). Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
  • Cal. Civ. Proc. Code § 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). CCPC § 703.130. In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code § 522(d). Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
  • Colo. Rev. Stat. § 13-54-107 - Colorado has elected to "opt out" of the federal exemptions pursuant to Code § 522(d). CRS § 13-54-107.
  • Del. Code Ann. tit. 10, § 4914 (a) - Delaware has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). DCA 10 § 4914(a)
  • Fla. Stat. Ann. § 222.201 - Florida has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). FSA § 222.20, But with exceptions noted in FSA § 222.201, allowing federal exemptions in 11 USC § 522(d)(10).
  • Fla. Stat. Ann. § 222.20 - Florida has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). FSA § 222.20, But with exceptions noted in FSA § 222.201, allowing federal exemptions in 11 USC § 522(d)(10).
  • Ga. Code Ann. § 44-13-100 (b) - Georgia has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). GCA § 44-13-100(b)
  • Iowa Code § 627.10 - Iowa has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ICA § 627.10.
  • Idaho Code § 11-609 - Idaho has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). IC § 11-609.
  • 735 Ill. Comp. Stat. 5/12-1201 - Illinois has elected to "opt out" of the federal exemptions pursuant to Code § 522(b).
  • Ind. Code Ann. § 34-55-10-1 - Indiana has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ICA § 34-55-10-1.
  • Kan. Stat. Ann. § 60-2312 - Kansas has elected to "opt out" of the federal exemptions pursuant to Code § 522(b) except property listed in Code § 522(d)(10) for all cases filed after July 1, 1986 (KSA § 60-2312).
  • Ky. Rev. Stat. Ann. § 427.170 - In 2005, Kentucky elected to "opt in" to the federal exemptions pursuant to Code § 522(b). KRSA § 427.170.
  • La. Rev. Stat. Ann. § 13:3881 (B)(1) - Louisiana has elected to "opt out" of the federal exemptions pursuant to Code § 522. LRSA § 13:3881(B)(1)
  • Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (g) - Maryland has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MC&JPCA § 11-504(g).
  • Me. Rev. Stat. Ann. tit. 14, § 4426 - Maine has elected to "opt out" of the federal exemptions pursuant to Code § 522. MRSA 14 § 4426.
  • 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.
  • Mo. Rev. Stat. § 513.427 - Missouri has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MAS § 513.427.
  • Miss. Code Ann. § 85-3-2 - Mississippi has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MCA § 85-3-2 effective July 1, 1991.
  • In re Shumaker, 124 B.R. 820 Bkrtcy.D.Mont.,199 (Bankr.D.Mont. 1991) - Montanta's bankruptcy-only exemptions do not conflict with the Federal Constitution
  • Mont. Code Ann. § 31-2-106 - Montana has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MCA § 31-2-106.
  • N.C. Gen. Stat. § 1C-1601 (f) - North Carolina has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NCGS § 1C-1601(f).
  • N.D. Cent. Code § 28-22-17 - North Dakota has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NDCC § 28-22-17.
  • Neb. Rev. Stat. § 25-15, 105 - Nebraska has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NRS § 25-15, 105.
  • Nev. Rev. Stat. Ann. § 21.090 (3) - Nevada has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NRSA § 21.090(3).
  • N.Y. Debt. & Cred. Law § 285 - As of 2011, New York allows residents to choose the federal exemptions pursuant to Code § 522(b). NYD&CL § 285
  • Ohio Rev. Code Ann. § 2329.662 - Ohio has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ORCA § 2329.662.
  • 31 Okla. Stat. Ann. § 1 (B) - Oklahoma has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). OSA 31 § 1(B).
  • Or. Rev. Stat. § 18.300 - As of July 1, 2013, Oregon has ceased to "opt out" of the federal exemptions pursuant to Code § 522(b). ORS § 18.300. You can now use the federal exemptions.
  • S.C. Code Ann. § 15-41-35 - South Carolina has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). SCCA § 15-41-35.
  • S.D. Codified Laws Ann. § 43-31-30 - South Dakota has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). SD CLA § 43-31-30.
  • Tenn. Code Ann. § 26-2-112 - Tennessee has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). TCA § 26-2-112.
  • Utah Code Ann. § 78B-5-513 - Utah has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). UCA § 78B-5-513
  • Va. Code Ann. § 34-3.1 - Virginia has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). VA § 34-3.1.
  • In re Morrell, 394 B.R. 405 (Bkrtcy.N.D.W.Va 2008) - West Virginia's separate set of bankruptcy exemptions is not unconstitutional.
  • Sheehan v. Peveich, 574 F.3d 248 (4th Cir. 2009) - West Virginia's separate set of bankruptcy exemptions is not unconstitutional.
  • W. Va. Code § 38-10-4 (l),(m) - As of July 1, 2021, West Virginia now allows its residents to use the federal exemptions pursuant to Code § 522(b). WVC § 38-10-4. West Virginia has two sets of state law exemptions. The exemptions for debtors who are not filing bankruptcy are provided under WVC §§ 38-8-1 et seq. for personal property exemptions and WVC §§ 38-9-1 et seq. for homestead exemptions.
  • Wyo. Stat. § 1-20-109 - Wyoming has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). WS § 1-20-109.