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Homestead Protection

Indiana Homestead Exemption

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

Updated: 2021-01-03 by

Real or personal property used as residence to $19,300 (husband and wife may double);
Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse

Amount Joint amount

19,300

38,600

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

No. Ind. Code § 34-55-10-1.

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.

 

Indiana WildCard Exemption
 
Does Indiana Recognize Tenancy by the Entirety?

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