Bankruptcy Exemption Citations
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In re Haraughty, 403 BR 607 (Bankr. SD Indiana 2009) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
Ind. Code Ann. § 24-4.5-5-105 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
Ind. Code Ann. § 27-1-12-14 - Life insurance policy, proceeds, cash value, or avails if beneficiary is insured's spouse or dependent
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA § 34-55-10-2(b)(5).
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.
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA § 34-55-10-2(b)(5).
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.
Ind. Code Ann. § 34-55-10-2 (c)(6) - Public or private retirement benefits and contributions, IRAs, (Contributions other than Roth IRAs must be tax-deductable)
Ind. Code Ann. § 34-55-10-2 (c)(1) - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
Ind. Code Ann. § 34-55-10-2 (c) - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
Ind. Code Ann. § 34-55-10-2.5 - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
Haw. Rev. Stat. § 651-124 - IRAs, Roth IRAs, ERISA-qualified benefits deposited over 3 years before filing bankruptcy
401(a), 401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984), 414(d), or 414(e) of the Internal Revenue Code
Iowa Code § 627.6 (8)(e) - Other pensions, annuities, and contracts fully exempt; however, contributions made within 1 year prior to filing for bankruptcy not exempt to the extent they exceed normal and customary amounts
Ind. Code Ann. § 34-55-10-2 (c)(6) - Public or private retirement benefits and contributions, IRAs, (Contributions other than Roth IRAs must be tax-deductable)
Kan. Stat. Ann. § 60-2308 (a) - Federal government pension needed for support & paid within 3 months of filing for bankruptcy (only payments being received)
Kan. Stat. Ann. § 60-2312 (b) - Payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for support
Kan. Stat. Ann. § 13-14a10 - Elected & appointed officials in cities with populations between 120,000 & 200,000
La. Rev. Stat. Ann. § 13:3881 (D)(1) - ERISA-qualified benefits, including IRAs and Keoghs, if contributions made over 1 year before filing for bankruptcy
La. Rev. Stat. Ann. § 20:33 (1) - ERISA-qualified benefits, including IRAs and Keoghs, if contributions made over 1 year before filing for bankruptcy
Me. Rev. Stat. Ann. tit. 14, § 4422 (13)(F) - Payments from IRAs or other pensions or disability or survivor benefits needed for support of the debtor and dependents to $15,000
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
Mont. Code Ann. § 31-2-106 - IRAs, ERISA-qualified benefits deposited over 1 year before filing bankruptcy or up to 15% of debtor's gross annual income
N.D. Cent. Code § 28-22-03.1 (e) - Payments from an ERISA-qualified stock bonus, profit-sharing, annuity or similar plan, to extemt extent necessary for support.
N.D. Cent. Code § 28-22-03.1 (7) - ERISA-qualified retirement funds, IRAs, & Keoghs to $200,000 per plan; or $400,000 for all accounts; no limit if more needed for support
N.J. Stat. Ann. § 25:2-1 - Trust containing personal property created pursuant to federal tax law, including 401(k) plans and higher education (529) savings plans, IRAs, Roth IRAs Excluded from bankruptcy estate
42 Pa. Cons. Stat. Ann. § 8124 (b)(1)(vii), (viii),(ix) - Private retirement benefits (IRAs, etc.) to extent tax-deferred, if clause prohibits proceeds from being used to pay beneficiary's creditors; exemption limited to deposits of $15,000 per year made at least 1 year before filing (limit does not apply to rollovers from other exempt funds or accounts)
Tex. Prop. Code Ann. § 42.0021 - ERISA-qualified government or church benefits, including Keoghs and IRAs & Roth IRAs; (limited to tax-deductible contributions)
11 U.S.C. § 522 (d)(12) - All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
11 U.S.C. § 522 (n) - All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
33 U.S.C. § 775 - Benefits for surviving spouses of Lighthouse Service personnel
33 U.S.C. § 916 - Death and disability benefits paid pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act
Utah Code Ann. § 78B-5-505 (1)(a)(xiv) - ERISA-qualified benefits, IRAs, Keoghs (benefits that have accrued & contributions that have been made at least 1 year prior to filing)
Wis. Stat. Ann. § 815.18 (3)(j) - Private or public retirement or disability benefits, including IRAs and KEOGHs, 401(k), subject to many exceptions & limitations.