Bankruptcy Exemption Citations
A Research Database... updated as time allows...
Not guaranteed to be complete or up to date ... you can find pay services for that...
Not a subsitute for legal advice
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
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
N.J. Stat. Ann. § 2A:17-19 - Personal property & possessions of any kind, stock or interest in corporations to $1,000 total
N.J. Stat. Ann. § 2A:17-56 - 90% of earned but unpaid wages if annual income under 250% of the poverty level for family size; 75% if annual income is more than that amount
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