You probably know that federal bankruptcy exemptions protect property in bankruptcy. But do you know whether you can use the federal exemptions if you decide to file for bankruptcy?
The simple answer is your state decides if you'll use your state's bankruptcy exemptions or if you can pick the federal bankruptcy exemptions instead. Here's what you'll need to know to get started:
Once you know your options, you'll make a list of everything you own and pick the exemption set that will cover the assets you'd like to keep.
Currently, the following states allow filers to choose between the state or the federal bankruptcy exemptions. If your state gives you a choice, you must pick one list or the other—you can't mix and match items from both lists.
Filers who use state exemptions can also use the federal nonbankruptcy exemptions.
|Dist Columbia||New Jersey||Vermont|
The links above will take you to a complete state bankruptcy guide. If you don't reside in one of these states, you're limited to your own state's exemptions. You'll find state exemptions here.
Although exemptions apply in Chapters 7 and 13, what happens to nonexempt property—assets not protected by an exemption—will depend on the bankruptcy chapter.
If you file for Chapter 7 bankruptcy, you'll keep all "exempt" property covered by a bankruptcy exemption and lose any nonexempt assets. In Chapter 13, you'll keep all of your property, but you'll pay your creditors for nonexempt assets through the Chapter 13 plan.
You'll find commonly-used federal exemptions below. If you are a married couple filing jointly, you can double the exemption amounts. The amounts apply to cases filed between April 1, 2022, and April 1, 2025.
You can protect $27,900 of equity in your principal residence under the federal exemptions. (11 USC § 522(d)(1).) You must live in the home to use the homestead exemption.
The residential property can be:
The homestead exemption isn't available to protect the equity in investment or rental properties.
Here are some commonly-used federal "personal property" exemptions (personal property is everything other than real estate):
Retirement accounts that are exempt from taxation are fully exempt in bankruptcy. However, the federal bankruptcy exemption limit for IRAs and Roth IRAS is $1,512,350. Learn more in Your Retirement Plan in Bankruptcy.
You can apply the federal wildcard exemption to any property you own. Currently, $1,475 plus $13,950 of any unused portion of your homestead exemption is available to exempt any property of your choosing. (11 USC § 522(d)(5).) To learn more, see the Wildcard Exemption.
Did you know Nolo has been making the law easy for over fifty years? It's true—and we want to make sure you find what you need. Below you'll find more articles that explain what bankruptcy is and how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!
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We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.
Updated March 15, 2022