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

← Illinois Personal Property Exemptions

Exemption: Wrongful death recoveries

Citation: Stat. - 735 Ill. Comp. Stat. 5/12-1001 (h)(2)

735 Ill. Comp. Stat. 5/12-1001 (h)(2):
5/12-1001. Personal property exempt

Text of section effective January 1, 2006

� 12-1001. Personal property exempt. The following personal property, owned by the debtor, is exempt from judgment, attachment, or distress for rent:

(a) The necessary wearing apparel, bible, school books, and family pictures of the debtor and the debtor's dependents;
(b) The debtor's equity interest, not to exceed $4,000 in value, in any other
property;
(c) The debtor's interest, not to exceed $2,400 in value, in any one motor vehicle;
(d) The debtor's equity interest, not to exceed $1,500 in value, in any implements, professional books, or tools of the trade of the debtor;
(e) Professionally prescribed health aids for the debtor or a dependent of the debtor;
(f) All proceeds payable because of the death of the insured and the aggregate net cash value of any or all life insurance and endowment policies and annuity contracts payable to a wife or husband of the insured, or to a child, parent, or other person dependent upon the insured, whether the power to change the beneficiary is reserved to the insured or not and whether the insured or the insured's estate is a contingent beneficiary or not;
(g) The debtor's right to receive:
(1) a social security benefit, unemployment compensation, or public assistance benefit;
(2) a veteran's benefit;
(3) a disability, illness, or unemployment benefit; and
(4) alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
(h) The debtor's right to receive, or property that is traceable to:
(1) an award under a crime victim's reparation law;
(2) a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor;
(3) a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor or a dependent of the debtor;
(4) a payment, not to exceed $15,000 in value, on account of personal bodily injury of the debtor or an individual of whom the debtor was a dependent; and
(5) any restitution payments made to persons pursuant to the federal Civil Liberties Act of 1988 [FN1] and the Aleutian and Pribilof Island Restitution Act, P.L. 100-383. [FN2]
For purposes of this subsection (h), a debtor's right to receive an award or payment shall be exempt for a maximum of 2 years after the debtor's right to receive the award or payment accrues; property traceable to an award or payment shall be exempt for a maximum of 5 years after the award or payment accrues; and an award or payment and property traceable to an award or payment shall be exempt only to the extent of the amount of the award or payment, without interest or appreciation from the date of the award or payment.
(i) The debtor's right to receive an award under Part 20 of Article II of this Code [FN3] relating to crime victims' awards.

Money due the debtor from the sale of any personal property that was exempt from judgment, attachment, or distress for rent at the time of the sale is exempt from attachment and garnishment to the same extent that the property would be exempt had the same not been sold by the debtor.

If a debtor owns property exempt under this Section and he or she purchased that property with the intent of converting nonexempt property into exempt property or in fraud of his or her creditors, that property shall not be exempt from judgment, attachment, or distress for rent. Property acquired within 6 months of the filing of the petition for bankruptcy shall be presumed to have been acquired in contemplation of bankruptcy.

The personal property exemptions set forth in this Section shall apply only to individuals and only to personal property that is used for personal rather than business purposes. The personal property exemptions set forth in this Section shall not apply to or be allowed against any money, salary, or wages due or to become due to the debtor that are required to be withheld in a wage deduction proceeding under Part 8 of this Article XII. [FN4]
Last Amended: 2012
2012

P.A. 82-280, � 12-1001, eff. July 1, 1982. Amended by P.A. 82-783, Art. III, � 43, eff. July 13, 1982; P.A. 83-707, � 1, eff. Sept. 23, 1983; P.A. 83-968, � 1, eff. Dec. 2, 1983; P.A. 83-1362, Art. II, � 109, eff. Sept. 11, 1984; P.A. 86-393, � 1, eff. Aug. 30, 1989; P.A. 87-565, � 2, eff. Sept. 17, 1991; P.A. 87-569, � 1, eff. Jan. 1, 1992; P.A. 87-895, Art. 2, � 2-50, eff. Aug. 14, 1992; P.A. 88-378, � 10, eff. Aug. 17, 1993; P.A. 89-686, Art. 10, � 10-5, eff. Dec. 31, 1996; P.A. 94-293, � 5, eff. Jan. 1, 2006; P.A. 95-306, � 10, eff. Jan. 1, 2008.
ADVERTISEMENT -
  • Other State Citations
  • Other States on this topic

Other Illinois Exemption Citations

50 State Personal Property Exemptions