Filing Means Test Exemptions Courts Forms
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Federal Exemptions that are not part of the bankruptcy code.

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 be claimed in anyone, regardless of whether you are using state exemptions, and regardless of wheter a state has 'opted out' of the federal bankruptcy exemptions under § 522(d)..
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Updated: 2021-03-10
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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.

 

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