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Ohio Bankruptcy Exemptions


Federal Bankruptcy Exemptions NOT Available in Ohio

Ohio has opted out of the Federal Exemptions (see below)

Ohio Bankrupcty Exemptions Summary

(details below...)

Homestead

Real or personal property used as residence to $145,425 (adjusted for inflation every 3 years, April 1, 2019)

  (more...)

Personal Property

Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $575 per item; jewelry to $1,700 for 1 or more items; $13,400 total.
Cash, money due within 90 days, tax refund, bank, security, & utility deposits to $500 total (husband & wife may double)
Implements, books, & tools of trade to $2,550.
(Note: Adjusted for inflation every 3 years; current amounts as of April 1, 2019.)

   (more...)

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Ohio Bankruptcy Exemptions

Does Ohio Adjust Exemptions for Inflation?

Ohio adjusts the exemption amounts found in section RC 2329.66 every three years. The latest inflation adjusted amounts for 2019 can be found here. The next change will be April 1, 2022.

Can I Use the Federal Bankruptcy Exemptions in Ohio?

Federal Bankruptcy Exemptions Available?

No. Ohio Rev. Code Ann. § 2329.662

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Background of state "opt out" laws

Every state has a list of exemptions that protect specific types and amounts of property from collections on judgements within that state.

When bankruptcy law was first modernized 50 years ago, the proposal was to have a federal list of bankruptcy exemptions apply uniformly across all 50 states. Many states objected to this idea, because state collection law had traditionally ruled that issues of collections and "asset protection" were matters of state, not federal law. So a compromise was struck, that allows states to "opt out" of the federal bankruptcy exemptions. 

Federal Non-Bankruptcy Exemptions

Federal "non-bankruptcy" exemptions are available in every state

You are entitled to use so-called federal "non-bankruptcy" exemptions in addition to your state law exemptions.

Non-bankruptcy exemptions are those exemption provisions of U.S. law that are NOT part of the bankruptcy code section section 522(d).

The four most significant non-bankruptcy exemptions are for

  • Wages (a general cap on what percentage of your wages can be garnished),
  • Social Security benefits,
  • Civil Service benefits,
  • Veterans Benefits

Other so called "non-bankruptcy" exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially-regulated labor markets such as railroad workers, seamen, and longshoremen.

 

Disclaimer

Disclaimer

Citations and links to primary law and secondary sources are provided for those who wish to do further research. Every effort has been made to make this information up to date and accurate, but laws can and do change without notice. Persons relying on this information are responsible for confirming its timeliness and accuracy before relying on it. (This information was updated for April 2019.)

Also bear in mind that these brief summaries do not list every detail or exception to these exemptions. For example, there are often exceptions for collection of child support debt and/or taxes. These listings are designed to inform you of laws that exist for your benefit, so that you may exercise what rights you may have.

Finally, this website is intended to provide information only. It cannot answer whether your property does or does not qualify for a specific exemption.

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Homestead

Ohio Homestead Exemption

Real or personal property used as residence to $145,425 (adjusted for inflation every 3 years, April 1, 2019)

Amount Joint amount

145425

290850

NOTE: Residency Requirement Caps Maximum Homestead at $160,375 if you've recently moved to a State that allows more than that

Under the 2005 bankruptcy law, you must be have lived in the state for at least 40 months (3 years + 4 months) before you can claim any homestead protection greater than $160,375. (If your state's exemption offers less than this amount, the law is irrelevant to you.) .

IF you are moving to another state, OR you moved to Ohio within in the last two years, click here.

Federal Non-Bankruptcy Homestead Exemptions (available in every State)

These are exemptions under federal law, and not part of the bankruptcy code, so states cannot "opt out" from these exemptions.

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US Bankruptcy Code § 522(d) Homestead Exemption

Can a Ohio debtor use the Federal Bankruptcy exemptions instead of Ohio exemptions?

No. Ohio Rev. Code Ann. § 2329.662

The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if

  • you haven't lived in any state longer than 180 days for a while,
  • or
  • if your state allows the Federal exemptions as a choice.

Home Valuation tool

Just add your street address to get an estimate of the value of your house, and all others in your neighborhood. (Note: Does not serve all areas, and valuations are imperfect estimates only.)

Homestead Exemptions in Other States

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TBE

Does Ohio Recognize Tenancy by the Entirety?

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Tenancy By The Entirety in Other States

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Insurance

Ohio Insurance Exemptions

Federal Non-Bankruptcy Insurance Exemptions (available in all states)

US Bankruptcy Code § 522 Insurance Exemptions

The Federal Bankruptcy Code Exemptions under section 522 are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

Insurance Exemptions in Other States

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Misc

Ohio Miscellaneous Exemptions

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US Bankruptcy Code § 522 Miscellaneous Exemptions

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Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

The Federal Bankruptcy Exemptions are available to you if
  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

 

Miscellaneous Exemptions in Other States

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Pensions

Ohio Pension Exemptions

Federal Non-Bankruptcy Pension & Retirement Exemptions (available in every state)

Federal Bankruptcy Code § 522(d) Pension & Retirement Exemptions

The Federal Bankruptcy Exemptions under 11 U.S.C are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

Pension & Retirement Exemptions in Other States

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Personal Property

Ohio Motor Vehicle Exemption & Other Personal Property Exemptions

Ohio Motor Vehicle Exemption

Motor vehicle to $4,000 (adjusted for inflation, April 1, 2019).

Ohio Personal Property Exemptions

Federal Non-Bankruptcy Personal Property Exemptions (available in every state)

Federal Bankruptcy Code § 522(d) Personal Property Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

Personal Property Exemptions in Other States

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Public Benefits

Public Benefits Exemptions for Ohio

Federal "non-bankruptcy" Public Benefits exemptions (available in all states)

Federal Bankruptcy Code §522(d) Public Benefits Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

Public Benefits Exemptions in Other States

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Tools of Trade

Ohio Tools of Trade Exemptions

Ohio Tools of Trade Exemptions

Federal non-bankrupcty Tools of Trade Exemptions

US Bankruptcy Code § 522 (d) Tools of Trade Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

Tools of Trade Exemptions in Other States

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Wages

Ohio Wage Garnishment

Federal Non-Bankruptcy Law (available in all states)

Federal "non-bankruptcy" law also offers exemption protection for wages.

US Bankruptcy Code § 522 Wage Garnishment Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

Wage Garnishment in Other States

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WildCard

Ohio WildCard Exemption

$1,325 of any property (adjusted for inflation, April 1, 2019)

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Federal Bankruptcy Wildcard Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Ohio allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

No. Ohio Rev. Code Ann. § 2329.662

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WildCard Exemptions in Other States

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