Table of Federal “Non-Bankruptcy” Exemptions

 

Some exemptions exist under Federal law, wholly separate from the bankruptcy code, and protect such assets from the reach of creditors regardless of whether bankruptcy is at issue. These exemptions can only be claimed if you are using state exemptions, (regardless of whether a state has 'opted out' of the federal bankruptcy exemptions under § 522(d)).

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Federal "non-bankruptcy" exemptions are available only  if you are using state law exemptions

You are entitled to use so-called federal "non-bankruptcy" exemptions in addition to your state law exemptions, only if you are using state law exemptions.

"Non-bankruptcy" exemptions are those exemption provisions of U.S. law that are NOT part of the bankruptcy code section section 11 U.S.C. 522(d) list of exemptions.

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.

What Other FEDERAL Non-Bankruptcy Exemptions Can A Debtor Use — (if They are Using their State exemptions")?

Debtors electing to use their state exemptions can use the following "non-bankruptcy" federal exemptions.

Note: These exemptions are NOT available if you are using the "federal Bankruptcy exemptions under section 522(d).

  • 75% of earned but unpaid wages – 15 USC 1673

  • CIA employees. U.S.C. 50 § 403

  • Civil Service retirement benefits. 5 U.S.C.A. § 8346; 5 U.S.C. §§ 729 and 2265 

  • Crop Insurance proceeds. 7 U.S.C. 1509

  • Debt Collection Improvement Act of 1996. 31 U.S.C.A. § 3716.

  • FEMA benefits 44 CFR s 206.110(g) 

  • Benefits, annuities, or payments to survivors of foreign service employees. 22 U.S.C.A. §4060(c).

  • GAO Service Annuity. 31 U.S.C. 776.

  • Federal homestead lands on debts contracted before issuance of the patent. 43  U.S.C. 175.

  • Indian tribe exemptions. 25 U.S.C.A. § 410.

  • Annuities paid to survivors of a Justice or judge of the United States, a Director of the Administrative Office of the United States Courts, a Director of the Federal Judicial Center, or an administrative assistant to the Chief Justice of the United States.28U.S.C.A.§ 376(n)

  • Klamath Indians Tribe – Oregon. U.S.C. 25 § 543, 25 § 545.

  • Benefits for surviving spouses of Lighthouse Service personnel. 33 U.S.C.A. §775. 

  • Death and disability benefits paid pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act. 33 U.S.C.A. § 916.

  • Special pensions awarded to persons on the Army, Navy, Air Force and Coast Guard Medal of Honor roll. 38 U.S.C.A. § 1562(c).

  • Military survivor annuities paid pursuant to the Survivor Benefits Plan. 10 U.S.C.A.§1450(i).

  • Public Safety Officer Death Benefits. 42 U.S.C. § 3796

  • Railroad Retirement Act annuities and pensions. 45 U.S.C.A. § 231m.

  • Railroad workers’ unemployment insurance benefits. 45 U.S.C.A. § 352(e).

  • Wages of fishermen, seamen, and apprentices. 46 U.S.C. 601; 46 U.S.C.A. §11109(a).

  • Benefits due or to become due under servicemen’s groups life insurance or veteran’s group life insurance. 38 U.S.C.A. § 1970(g) and 38 U.S.C. § 770(g).

  • Social security benefits. 42 U.S.C.A. § 407. See also 42 U.S.C. § 659.

  • Student Loan Proceeds 20 U.S.C. 1095a(d)

  • Exempt benefits available under Supplemental Security insurance. 42 U.S.C. §1383. 

  • Annuities paid to members of the armed services, based on retirement or retainer pay. 10 U.S.C.A. § 1440.

  • United States service member’s deposits in a savings institution while the depositor is on permanent duty outside of the United States. 10 U.S.C.A. § 1035(d). 

  • Veterans’ benefits. 38 U.S.C.A. § 5301(a).

  • Social Security Disability Benefits. 42 U.S.C. § 407.

  • War Compensation – Hazard, Death, Injury. U.S.C. 42 § 1717. 

 

Homestead

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Insurance

Miscellaneous

Pensions & Retirement Accounts

Personal Property

Public Benefits

Tools of Trade

Wage Garnishment Limits


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Jurisdictional relevance: US

Legal Consumer - Rockdale County, GALaw. The content of this article pertains to all US states and counties.