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Homestead Protection

Illinois Homestead Exemption

How much of your home equity is protected if you file for bankruptcy in Illinois?
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Illinois WildCard Exemption
 
Does Illinois Recognize Tenancy by the Entirety?

Updated: 2021-01-03 by

Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year

Amount Joint amount

15000

30000

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 Illinois 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 Illinois debtor use the Federal Bankruptcy exemptions instead of Illinois exemptions?

No. 735 Ill. Comp. Stat. § 5/12-1201

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.

 

Illinois WildCard Exemption
 
Does Illinois Recognize Tenancy by the Entirety?

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