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Citation: Stat. - Cal. Civ. Proc. Code 704.070

California Bankruptcy Exemptions

Category: Wages

Summary: Minimum 75% of wages paid within 30 days prior to filing

  • Other State Citations
  • Other States on this topic 2

Other California Exemption Citations

  • Cal. Civ. Proc. Code 704.710 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.720 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.730 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.130 - Disability or health benefits
  • Cal. Civ. Proc. Code 704.170 - Fraternal Benefit Society benefits
  • Cal. Civ. Proc. Code 704.120 - Fraternal unemployment benefits
  • In re Laskin, 222 B.R. 872 (9th Cir BAP 1998) - Cannot strip off lien using 506 in chapter 7
  • Cal. Civ. Proc. Code 704.050 - Exemptions Indexed for inflation every 4 years
  • Cal. Civ. Proc. Code 703.140 (b)(9) - Exemptions Indexed for inflation every 4 years
  • Cal. Fin. Code 17410 - Funds held in escrow
  • Cal. Civ. Proc. Code 704.200 - Burial plot
  • Cal. Civ. Proc. Code 704.030 - Building materials to repair or improve home to $3,200 (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.080 - Bank deposits from Social Security Administration to $3,200 ($4,800 for husband and wife); unlimited if SS funds are not commingled with other funds Bank deposits of other public benefits to $1,600 ($2,375 for husband and wife)
  • Cal. Civ. Proc. Code 704.020 - Appliances, furnishings, clothing, & food
  • Cal. Civ. Proc. Code 704.110 - Public retirement benefits
  • Cal. Gov't. Code 21255 - Public employees
  • Cal. Civ. Proc. Code 704.115 - Private retirement benefits, including IRAs & Keoghs
  • Cal. Gov't. Code 31913 - County peace officers
  • Cal. Gov't. Code 32210 - County firefighters
  • Cal. Gov't. Code 31452 - County employees
  • Cal. Corp. Code 16501 - Property of business partnership
  • Cal. Civ. Proc. Code 695.060 - Business or professional licenses
  • Cal. Civ. Proc. Code 704.090 - Inmates' trust funds to $1,600 (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.100 (b) - Unmatured life insurance policy loan value to $12,800 (husband & wife may double)
  • Cal. Civ. Proc. Code 704.100 (c) - Matured life insurance benefits needed for support
  • Cal. Ins. Code 10132 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Ins. Code 10170 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Ins. Code 10171 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Civ. Proc. Code 704.720 (b) - Homeowners' insurance proceeds for 6 months after received, to homestead exemption amount
  • Cal. Lab. Code 404 - Fidelity bonds
  • Cal. Civ. Code 1366 (c) - Homeowners' Association Assessments (only exempt from association's creditors)
  • Cal. Civ. Proc. Code 704.040 - Jewelry, heirlooms & art to $8,000 total (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.010 - Motor vehicles to $3,050, or $3,050 in auto insurance for loss or damages (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.140 (a) - Personal injury & wrongful death causes of action
  • Cal. Civ. Proc. Code 704.150 (a) - Personal injury & wrongful death causes of action
  • Cal. Civ. Proc. Code 704.140 (b),(c),(d) - Personal injury & wrongful death recoveries needed for support; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code 704.150 (b),(c) - Personal injury & wrongful death recoveries needed for support; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code 704.170 - Aid to blind, aged, disabled; public assistance
  • Cal. Civ. Proc. Code 704.190 - Financial aid to students
  • Cal. Civ. Proc. Code 704.180 - Relocation benefits
  • Cal. Civ. Proc. Code 704.120 - Unemployment benefits
  • Cal. Civ. Proc. Code 704.120 (b)(5) - Union benefits due to labor dispute
  • Cal. Civ. Proc. Code 704.160 - Workers' compensation
  • Cal. Civ. Proc. Code 704.060 - Tools, implements, materials, instruments, uniforms, books, furnishings, & equipment to $8,000 total ($15,975 total if used by both spouses in same occupation); Commercial motor vehicle to $4,850 ($9,700 if used by debtor and spouse in same trade)
  • Cal. Civ. Proc. Code 704.060 - Commercial vehicle (Vehicle Code 260) to $4,850 ($9,700 total if used by both spouses in same occupation)
  • Cal. Civ. Proc. Code 704.070 - Minimum 75% of wages paid within 30 days prior to filing
  • Cal. Civ. Proc. Code 704.113 - Public employees' vacation credits; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code 703.150 - Exemptions Indexed for inflation every 4 years
  • Cal. Corp. Code 16502 - Property of business partnership
  • Cal. Corp. Code 16503 - Property of business partnership
  • Cal. Corp. Code 16504 - Property of business partnership
  • 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 703.150 (c) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.210 - Funds held in escrow

50 State Wages Exemptions

  • Alaska Stat. 09.38.030 (a),(b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Alaska Stat. 09.38.050 (b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Alaska Admin. Code tit. 8, 95.030 (d),(e) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Ala. Code 5-19-15 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
  • Ala. Code 6-10-7 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
  • Ark. Code Ann. 16-66-208 - Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Ark. Code Ann. 16-66-218 (b)(6) - Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Ariz. Rev. Stat. 33-1131 - 75% of earned but unpaid weekly net earnings or 30 times the federal minimum hourly wage; 50% of wages for support orders; bankruptcy judge may authorize more for low-income debtors
  • Cal. Civ. Proc. Code 703.140 - None
  • Cal. Civ. Proc. Code 704.070 - Minimum 75% of wages paid within 30 days prior to filing
  • Cal. Civ. Proc. Code 704.113 - Public employees' vacation credits; if receiving installments, at least 75%
  • In re Nye, 210 B.R. 857 (D. Colo. 1997) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • In re Kobernusz, 160 B.R. 844 (D. Colo. 1993) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Colo. Rev. Stat. 13-54-104 - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Conn. Gen. Stat. Ann. 52-361a (f) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater
  • D.C. Code Ann. 24-241.06 - Wages of prisoners in a work release program
  • D.C. Code Ann. 16-572 - Minimum 75% of earned but unpaid wages, pension payments; bankruptcy judge may authorize more for low-income debtors
  • D.C. Code Ann. 15-503 - Nonwage (including pension & retirement) earnings to $200/mo for head of family; else $60/mo for a maximum of two months
  • D.C. Code Ann. 15-501 (e)(11) - Payment for loss of future earnings
  • Del. Code Ann. tit. 10, 4913 - 85% of earned but unpaid wages
  • Fla. Stat. Ann. 222.11 - 100% of wages for heads of family up to $750 per week either unpaid or paid and deposited into bank account for up to 6 months
  • Fla. Stat. Ann. 222.21 - Federal government employees' pension payments needed for support & received 3 months prior
  • Ga. Code Ann. 18-4-20 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Ga. Code Ann. 18-4-21 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Haw. Rev. Stat. 353-1 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. 353-22 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. 353-22.5 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. 651-121 (6) - Unpaid wages due for services of past 31 days
  • Iowa Code 537.5105 - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code 627.6 (10) - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • In re Irish, 311 B.R. 63 (8th Cir. B.A.P. 2004) - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code 642.21 - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code 356.29 - Wages or salary of a prisoner
  • Idaho Code 11-605 (12) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $1,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
  • Idaho Code 11-207 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $1,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
  • 735 Ill. Comp. Stat. 5/12-803 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • In re Mayer, 388 BR 869 (Bankr.ND Ill 2008) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • But see, In re Koeneman, 410 B.R. 820 (Bankr.N.D.Ill 2009) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • But see, In re Radzilowsky, 448 BR 767 (Bankr. N.D. Ill 2011) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • 740 Ill. Comp. Stat. 170/4 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • 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
  • In re Urban, 262 B.R. 865 (Bankr. D.Kan 2001) - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Kan. Stat. Ann. 60-2310 - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Ky. Rev. Stat. Ann. 427.010 (2),(3) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • La. Rev. Stat. Ann. 13:3881 (A)(1) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • La. Rev. Stat. Ann. 13:3951 - Wages earned out of state exempt from out of state debts
  • Mass. Gen. Laws ch. 246, 28 - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week
  • Mass. Gen. Laws ch. 235, 34 (15) - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week
  • Md. Code Ann., [Com. Law] 15-601.1 - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Marshall v. Safeway, Inc., 437 Md. 542 (MD 2014) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Md. Code Ann., [Cts. & Jud. Proc.] 11-504 (e) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • In re Stine, 360 F.3d 455 (4th Cir. 2004) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Bank of America v. Stine, 379 Md. 76, 839 A.2d 727 ( 2003) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • 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)
  • Minn. Stat. Ann. 550.37 subd. 14 - Wages, paid within 6 mos. of returning to work, after receiving welfare or after incarceration; includes earnings deposited in a financial institution in the last 60 days 550.37 subd. 14
  • Minn. Stat. Ann. 571.922 - Minimum 75% of weekly disposable earnings or 40 times federal minimum hourly wage, whichever is greater
  • Minn. Stat. Ann. 550.37 subd. 13 - Wages deposited into bank accounts for 20 days after depositing
  • Mo. Rev. Stat. 513.470 - Wages of servant or common laborer to $90
  • 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 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
  • Miss. Code Ann. 85-3-4 - Earned but unpaid wages owed for 30 days; after 30 days, minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater (bankruptcy judge may authorize more for low-income debtors)
  • Mont. Code Ann. 25-13-614 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • N.C. Gen. Stat. 1-362 - Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support
  • N.D. Cent. Code 32-09.1-03 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors NOTE: This exemption is only applicable in garnishment proceedings.
  • N.D. Cent. Code 28-22-18 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors NOTE: This exemption is only applicable in garnishment proceedings.
  • Neb. Rev. Stat. 25-1558 - Minimum 85% of earned but unpaid weekly disposable earnings or pension payments for head of family; minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, for all others; bankruptcy judge may authorize more for low-income debtors
  • N.H. Rev. Stat. Ann. 512:21 (III) - Earned but unpaid wages of spouse
  • N.H. Rev. Stat. Ann. 512:21 (II) - 50 times the federal minimum hourly wage per week NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
  • In re Damast, 136 B.R. 11 (Bankr. D. N.H. 1991) - 50 times the federal minimum hourly wage per week NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
  • 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
  • N.J. Stat. Ann. 38A:4-8 - Wages or allowances received by military personnel
  • N.M. Stat. Ann. 35-12-7 - Minimum 75% of disposable earnings or 40 times the federal hourly minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Nev. Rev. Stat. Ann. 31.295 - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Nev. Rev. Stat. Ann. 21.090 (1)(g) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • In re Christensen, 122 Nev. 1309, 149 P.3d 40 ( 2006) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • N.Y. CPLR 5205 (f) - 90% of earnings from dairy farmer's sales to milk dealers
  • N.Y. CPLR 5205 (e) - 100% of pay of noncommissioned officer, private, or musician in U.S. or N.Y. state armed forces
  • N.Y. Soc. Serv. Law 137-a - wages exempt from installment payments while on public assistance
  • N.Y. CPLR 5205 (d) - 90% of earned wages within 60 days before filing
  • In re Wiltsie, 463 B.R. 223 (Bankr.N.D.N.Y. 2011) - 90% of earned wages within 60 days before filing
  • N.Y. CPLR 5231 (b) - 90% of earned wages within 60 days before filing
  • Ohio Rev. Code Ann. 2329.66 (A)(13) - Minimum 75% of disposable weekly earnings or 40 times the federal hourly minimum wage, whichever is higher; bankruptcy judge may authorize more for low-income debtors
  • 12 Okla. Stat. Ann. 1171.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • 31 Okla. Stat. Ann. 1 (A)(18) - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • 31 Okla. Stat. Ann. 1.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • Or. Rev. Stat. 18.385 - 75% of disposable wages or $170 per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Or. Rev. Stat. 292.070 - Wages withheld in state employee's bond savings accounts
  • 61 Pa. Cons. Stat. Ann. 3704 - Prison inmates wages (repealed)
  • 42 Pa. Cons. Stat. Ann. 8127 (f) - Wages of victims of abuse
  • 42 Pa. Cons. Stat. Ann. 8127 - Earned but unpaid wages
  • R.I. Gen. Laws 9-26-4 (8)(iii) - Earned but unpaid wages to $50
  • R.I. Gen. Laws 30-7-9 - Earned but unpaid wages due military member on active duty
  • R.I. Gen. Laws 9-26-4 (6) - Earned but unpaid wages due seaman
  • R.I. Gen. Laws 9-26-4 (8)(ii) - Wages of any person who had been receiving public assistance are exempt for 1 year after going off of relief
  • R.I. Gen. Laws 9-26-4 (9) - Wages of spouse & minor children
  • R.I. Gen. Laws 9-26-4 (8)(i) - Wages paid by charitable organization or fund providing relief to the poor
  • S.D. Codified Laws Ann. 15-20-12 - Earned wages owed 60 days before filing bankruptcy, needed for support of family
  • S.D. Codified Laws Ann. 24-8-10 - Wages of prisoners in work programs
  • Tenn. Code Ann. 26-2-106 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • Tenn. Code Ann. 26-2-107 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • Tex. Prop. Code Ann. 42.001 (d) - Unpaid commissions not to exceed 25% of total personal property exemptions
  • Tex. Prop. Code Ann. 42.001 (b)(1) - Earned but unpaid wages
  • 11 U.S.C. 522 (d) - None
  • Utah Code Ann. 78B-5-505 (1)(a)(xvi) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
  • Utah R. Civ. Proc. Rule 64D (a) - Earnings to lesser of (1) 75% of debtor's disposable earnings (50% for child support) or (2) amount by which disposable earnings exceed 37x the minimum wage per week.
  • Gladwell v. Reinhart, 2012 UT 82 ( 2012) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
  • Va. Code Ann. 34-4.2 - Parent w household gross income, including any support payments for children living in the home, less than $1,750 per month, can exempt from wage garnishment: * $34 per week for one child; * $52 per week for two children; * $66 per week for three or more children
  • Va. Code Ann. 34-29 - Minimum 75% of weekly disposable earnings or 40 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Vt. Stat. Ann. tit. 12, 3170 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Vt. Stat. Ann. tit. 12, 3170 - Entire wages, if you received welfare during 2 months before filing
  • Wash. Rev. Code Ann. 72.65.060 - Earnings of work release prisoners
  • Wash. Rev. Code Ann. 6.27.150 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Wis. Stat. Ann. 303.10 - Wages of county work camp prisoners
  • Wis. Stat. Ann. 303.08 (3) - Wages of county jail prisoners
  • Wis. Stat. Ann. 303.065 (4)(b) - Wages of inmates under work-release plan
  • Wis. Stat. Ann. 815.18 (3)(h) - 75% of weekly net income or 30 times the greater of the federal or state minimum hourly wage; bankruptcy judge may authorize more for lowincome debtors
  • W. Va. Code 38-5A-3 - Minimum 30 times the federal minimum hourly wage per week; bankruptcy judge may authorize more for low-income debtors
  • Wyo. Stat. 19-9-401 - Earnings of National Guard members
  • Wyo. Stat. 1-15-511 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Wyo. Stat. 7-18-114 - Wages of inmates in adult community corrections program
  • Wyo. Stat. 25-13-107 - Wages of inmates in correctional industries program
  • Wyo. Stat. 7-16-308 - Wages of inmates on work release
  • Wyo. Stat. 1-15-408 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Wyo. Stat. 40-14-505 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • In re Walsh, 96 P.3d 1 (Wyo. 2004) - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • 15 U.S.C. 1673 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. NOTE: Declared not a bankruptcy exemption by numerous Federal courts
  • 46 U.S.C. 11109 - Seaman's wages (while on a voyage) persuant to a written contract

 

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