Federal Exemptions for non-IRS Debtors
As of 5/6/2011
The following is a summary of section § 522 of Title
11 of the United States Code which provides for exemptions. Each debtor
is entitled to these exemptions so in a joint case (husband and wife)
the exemptions are doubled. Property and support of a dependant can be
In Washington and New York, the debtor in bankruptcy
can elect either state exemptions or the federal exemptions. In Oregon,
the debtor may only use the state exemptions.
Statute providing these exemptions (11 USC § 522)
Alimony and Child Support:
§ 522(d)(10)(D) - Alimony and child support needed
for your support.
§ 522(d)(11)(A) - Crime victim’s compensation
§ 522(d)(9) - Professionally prescribed health aids.
§ 522(d)(1) - Real property, including mobile homes
and co-ops, or burial plots up to $21,625. Unused portion of homestead,
up to $10,825, may be used for other property. See "Wildcard" below.
§ 522(d)(7) - All unmatured life insurance policies.
§ 522(d)(8) - The loan value of an unmatured
insurance policy up to $11,525.
§ 522(d)(10)( C ) - Disability, unemployment or
§ 522(d)(11)( C ) - Life insurance payments for a
person you depended on for your support to the extent needed for your
§522(d)(11)(E) - Lost earnings payments.
§ 522(b)(3)(C) - Tax exempt retirement accounts; IRAs
and any other retirement that is exempt from federal taxation.
§522(d)(11)(D) - Personal injury recovery up to
$21,625 excluding recovery for pain and suffering or for pecuniary loss.
§ 522(d)(2) - One motor vehicle up to $3,450.
§ 522(d)(3) - Animals, crops, clothing, appliances
and furnishings, books, household goods, and musical instruments up to
$550 in value in any particular item up to a total of $11,525.
§ 522(d)(4) - Total jewelry up to $1,450.
§ 522(d)(10)(A) - Public assistance, Social Security,
Veteran’s benefits, Unemployment Compensation.
Tools of the Trade
§ 522(d)(6) - Total value of any
implements, professional books, or tools of the trade not to exceed
§ 522(d)(5) - $1,150 of any property, and unused
portion of homestead up to $10,825.
§ 522(d)(11)(B) - Wrongful death recovery for person
who you depended on for support to the extent reasonably necessary for
the support of you and your dependants.