Bankruptcy – Exemptions

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    Bankruptcy Exemptions – State & Federal Options

    What Are Bankruptcy Exemptions?

    When you file for bankruptcy, exemptions determine what property you can protect from being sold to repay creditors. Exemptions apply to specific types of property—such as your home, vehicle, retirement accounts, household goods, and personal items. The purpose is to ensure you can maintain a basic standard of living while getting a fresh financial start.

    Exemptions are governed by law, and they vary widely from state to state.

    • Federal exemptions are set by U.S. bankruptcy law and updated every three years.

    • State exemptions are set by each state’s laws. Some states let you choose between federal and state exemptions; others require you to use the state list only.

    Choosing the Right Exemption System

    If your state allows you to choose between state and federal exemptions, selecting the right system can significantly impact how much property you keep. Factors include:

    • The amount of home equity you have.

    • Whether you own valuable personal property or vehicles.

    • Whether you need a wildcard exemption for cash or other assets.

    U.S. Bankruptcy Exemptions by State

    StateExemption SystemNotable Exemption Feature (if any)
    AlabamaState-only (“opt‑out”)Modest homestead/personal property limits
    AlaskaChoice
    ArizonaChoice
    ArkansasChoice
    CaliforniaChoice (two state systems)Option between two state exemption sets
    ColoradoState-only
    ConnecticutState-only
    DelawareState-only
    FloridaState-only (“opt‑out”)Near‑unlimited homestead protections
    GeorgiaState-only
    HawaiiState-only
    IdahoState-only
    IllinoisState-only
    IndianaState-only
    IowaState-only
    KansasState-only
    KentuckyChoice
    LouisianaState-only
    MaineState-only
    MarylandState-only
    MassachusettsState-only
    MichiganChoice
    MinnesotaChoice
    MississippiState-only
    MissouriState-only
    MontanaState-only
    NebraskaState-only
    NevadaState-only
    New HampshireChoice
    New JerseyState-only
    New MexicoChoice
    New YorkChoice
    North CarolinaState-only
    North DakotaState-only
    OhioState-only
    OklahomaState-only
    OregonChoice
    PennsylvaniaChoice
    Rhode IslandChoice
    South CarolinaState-only
    South DakotaState-only
    TennesseeState-only
    TexasState-onlyAggressive homestead and asset protections
    UtahState-only
    VermontChoice
    VirginiaState-only
    WashingtonChoice
    West VirginiaState-only
    WisconsinChoice
    WyomingState-only
    District of ColumbiaChoice

    Notes

    • Choice states allow debtors to opt between state or federal exemptions. California is unique in offering two distinct state exemption schemes.

    • Opt‑out states require use of state exemptions only; federal exemptions are not available.

    • Florida stands out for its almost unlimited homestead exemption under state law.

    • Texas is known for heritage-level homestead and property protections.

    • The chart provides a high-level overview; for precise exemption amounts or additional categories (vehicles, wildcard, wages, retirement), it’s best to consult state statutes or a bankruptcy attorney.

    Detailed Exemption Profiles

    Pennsylvania (PA)

    New Jersey (NJ)

    • System: State-only (opt-out of federal) – must use NJ’s exemptions.

    • Highlights: NJ has its own statutory exemptions covering limited categories like personal property, but generally does not allow federal exemptions.

    Maryland (MD)

    • System: State-only (opt‑out).

    • Highlights: Maryland has a state homestead exemption ($25,150 in 2025), wildcard, and other asset protections, but federal exemptions are not permitted.

    Florida (FL)

    • System: State-only (opt-out)Wikipedia+1Upsolve+1.

    • Highlights: Offers one of the strongest homestead protections—unlimited-value protection from forced sale under Florida Constitution; includes protection of sale proceeds if reinvested in a new homesteadusbankruptcyhelp.com+5Wikipedia+5austinbankruptcyattorney.com+5. Also includes personal property exemptions ($1,000 base, plus $4,000 if no homestead), vehicle ($1,000 equity), life insurance, annuities, retirement, wages, workers’ comp, unemployment, etc.Wikipedia.

    Texas (TX)

    Tennessee (TN)

    • System: State-only (opt-out).

    • Highlights: State exemptions include a homestead (e.g. $5,000 individual, $7,500 joint; higher for elderly/disabled), plus property and wage protections—but federal exemptions are not available.

    Wyoming (WY)

    • System: Choice—state or federal.

    • Highlights: State exemptions include a homestead (e.g. $20,000 individual) and protections for personal and retirement property; filers must choose one system.

    Arizona (AZ)

    • System: State-only (opt-out).

    • Highlights: State homestead exemption (~$400,000 as of 2025), plus personal property and retirement account protections; federal exemptions not allowed.

    California (CA)

    • System: State-only—but two state exemption systems available (System 1 and System 2).

    • Highlights: System 1 typically offers larger homestead values; System 2 mirrors federal style exemption categories and includes a wildcard; filers choose between the two state systems.


    Summary Table

    StateExemption SystemKey Point Summary
    PennsylvaniaChoiceLimited state wildcards; federal often better for home/car
    New JerseyState-onlyMust use NJ statutes only
    MarylandState-only$25K-ish homestead and state-specific exemptions
    FloridaState-onlyStellar unlimited homestead & robust personal protections
    TexasChoiceExtremely generous state homestead and property caps
    TennesseeState-onlyModest caps; no federal exceptions
    WyomingChoiceLimited state exemptions vs federal option
    ArizonaState-onlyHigh homestead cap (~$400K); no federal
    CaliforniaState-only (2 systems)Choose between two schemes—one akin to federal