Bankruptcy Exemption Citations
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← Louisiana Wages Exemptions

Exemption: 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

Citation: Stat. - La. Rev. Stat. Ann. § 13:3881 (A)(1)

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La. Rev. Stat. Ann. § 13:3881 (A)(1):
� 3881. General exemptions from seizure

A. The following income or property of a debtor is exempt from seizure under any writ, mandate, or process whatsoever, except as otherwise herein provided:

(1)(a) Seventy-five percent of his disposable earnings for any week, but in no case shall this exemption be less than an amount in disposable earnings which is equal to thirty times the federal minimum hourly wage in effect at the time the earnings are payable or a multiple or fraction thereof, according to whether the employee's pay period is greater or less than one week. However, the exemption from disposable earnings for the payment of a current or past due support obligation, or both, for a child or children is fifty percent of disposable earnings, and the exemption from seizure of the disposable earnings for the payment of a current or past due support obligation, or both, for a spouse or former spouse is sixty percent of the disposable earnings. For purposes of this Subsection, if the Department of Social Services is providing support enforcement services to the spouse and a judgment or order for support includes an obligation for both a child or children and a spouse or former spouse, or in any case wherein the judgment or order does not clearly indicate which amount is attributable to support of the child or children and which amount is attributable to support of the spouse or former spouse, the support obligation shall be treated as if it is exclusively for the support of a child or children.

(b) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld and which amounts are reasonable and are being deducted in the usual course of business at the time the garnishment is served upon the employer for the purpose of providing benefits for retirement, medical insurance coverage, life insurance coverage and which amounts are legally due or owed to the employer in the usual course of business at the time the garnishment is served.

(2) That property necessary to the exercise of a trade, calling, or profession by which he earns his livelihood, which shall be limited to the following:

(a) Tools.

(b) Instruments.

(c) Books.

(d) Seven thousand five hundred dollars in equity value for one motor vehicle per household, used by the debtor and his family household. The equity value of the motor vehicle shall be based on the NADA retail value for the particular year, make and model. The one motor vehicle may be used in exercising a trade, calling or profession or used for transportation to and from the place at which the debtor earns his livelihood.

(e) One utility trailer.

(f) One firearm with a maximum value of five hundred dollars.

(3) The personal servitude of habitation and the usufruct under Article 223 of the Civil Code.

(4)(a) The clothing, bedding, linen, chinaware, nonsterling silverware, glassware, living room, bedroom, and dining room furniture, cooking stove, heating and cooling equipment, one noncommercial sewing machine, equipment for required therapy, kitchen utensils, pressing irons, washers, dryers, refrigerators, deep freezers, electric or otherwise, used by him or a member of his family.

(b) The family portraits.

(c) His arms and military accoutrements.

(d) The musical instruments played or practiced on by him or a member of his family.

(e) The poultry, fowl, and one cow kept by him for the use of his family.

(f) All dogs, cats, and other household pets.

(5) Any wedding or engagement rings worn by either spouse, provided the value of the ring does not exceed five thousand dollars.

(6) Federal earned income tax credit, except for seizure by the Department of Revenue or arrears in child support payments.

B. (1) In cases instituted under the provisions of Title 11 of the United States Code, entitled "Bankruptcy", there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the state of Louisiana and under federal laws other than Subsection (d) of Section 522 of said Title 11 of the United States Code.

(2) No property upon which a debtor has voluntarily granted a lien shall, to the extent of the balance due on the debt secured thereby, be subject to the provisions of this Chapter or be exempt from forced sale under process of law.


(3) Proceeds from the involuntary sale or distribution of personal property that is exempt from seizure under the laws of this state, made at or after the filing of a petition under any Chapter of Title 11 of the United States Code, shall remain exempt for purposes of state law exemptions, as applicable under 11 U.S.C.A. � 522(b)(2)(A). For purposes of this Subsection, "involuntary sale" shall mean any non-consensual sale or disposition of property.


C. The state of Louisiana expressly waives any immunity from suit insofar as the garnishment of the nonexempt portion of the wages, salaries, commissions, or other compensation of public officials, whether elected or appointed, public employees, or contractors is concerned, of itself, its agencies, boards, commissions, political subdivisions, public corporations, and municipal corporations.


D. (1) Except as provided in Paragraph 2 of this Subsection, the following shall be exempt from all liability for any debt except alimony and child support: all pensions, all tax-deferred arrangements, annuity contracts, and all proceeds of and payments under all tax-deferred arrangements and annuity contracts, as defined in Paragraph 3 of this Subsection.

(2) No contribution to a tax-deferred arrangement or to an annuity contract, as defined in Paragraph 3 of this Subsection, shall be exempt if made less than one calendar year of the date of filing for bankruptcy, whether voluntary or involuntary, or the date writs of seizure are filed against the tax-deferred arrangement or annuity contract. A transfer from one tax-deferred arrangement to another or from one annuity contract to another shall not be considered a contribution for purposes of this Paragraph.

(3) The term "tax-deferred arrangement" includes all individual retirement accounts or individual retirement annuities of any variety or name, whether authorized now or in the future in the Internal Revenue Code of 1986, or the corresponding provisions of any future United States income tax law, including balances rolled over from any other tax- deferred arrangement as defined herein, money purchase pension plans, defined benefit plans, defined contribution plans, Keogh plans, simplified employee pension (SEP) plans, simple retirement account (SIMPLE) plans, Roth IRAs, or any other plan of any variety or name, whether authorized now or in the future in the Internal Revenue Code of 1986, or the corresponding provisions of any future United State s income tax law, under which United States income tax on the tax-deferred arrangement is deferred. The term "annuity contract" shall have the same definition as defined in R.S. 22:647(B).
Last Amended: 2014
2014

Added by Acts Added by Acts 1960, No. 32, � 6, eff. Jan. 1, 1961. Amended by Acts 1961, No. 25, � 1 eff. Jan. 1, 1961; Acts 1977, No. 360, � 1; Acts 1978, No. 563, � 1; Acts 1979, No. 596, � 1; Acts 1980, No. 764, � 9; Acts 1981, Ex.Sess., No. 36, � 8, eff. Nov. 19, 1981; Acts 1982, No. 670, � 1; Acts 1982, No. 704, � 1, eff. Aug. 2, 1982; Acts 1983, No. 108, � 1; Acts 1983, No. 178, � 1; Acts 1985, No. 532, � 1; Acts 1986, No. 303, � 2; Acts 1990, No. 495, � 1; Acts 1991, No. 155, � 1; Acts 1991, No. 796, � 1; Acts 1991, No. 856, � 1, eff. July 23, 1991

Acts 1991, No. 796, � 1 ; Acts 1992, No. 829, � 1; Acts 1999, No. 63, � 1; Acts 2003, No. 470, � 1; Acts 2004, No. 60, � 1; Acts 2004, No. 468, � 1, eff. June 24, 2004; Acts 2006, No. 601, � 1; Acts 2006, No. 753, � 1; Acts 2010, No. 634, � 2, eff. July 1, 2010., Acts 2014, No. 322, §§1, 2
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Other Louisiana Exemption Citations

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 - 90% of earned but unpaid weekly net earnings or 60 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. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • Conn. Gen. Stat. Ann. § 52-352b (d) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • Conn. Gen. Stat. Ann. § 52-367b (c) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • 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 $2,500 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 $2,500 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, whichever is greater
  • Mass. Gen. Laws ch. 235, § 34 (15) - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
  • 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 hourly minimum wage (state, fed, or local), 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
  • 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
  • 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