Below are the federal non-bankruptcy exemptions that can only be used if the debtor opts to use the state property exemptions.
If you use the federal bankruptcy exemptions, you cannot use the federal non-bankruptcy exemptions listed below. The abbreviation "USC" used below stands for "United States Code".
- Savings account deposits while on permanent military duty outside the USA, unlimited amount [10 USC 1035]
- 75% of earned but unpaid wages [15 USC 1673]
Pensions (Unlimited amount):
- Social security [42 USC 407]
- Railroad workers unemployment insurance (unlimited amount) [45 USC 352(e)]
Benefits (Unlimited amount):
- Military service survivor benefits [10 USC 1450]
- Klamath Indian tribe benefits (unlimited amount) [25 USC 543, 545]
Federal bankruptcy exemptions are available to residents in
Married couples can double the amount of the exemption amounts stated below. If you do not live in one of the states mentioned above, you are required to use your state's property exemptions.
- Real property, co-op or mobile home up to $16,150 [522(d)(1)]
- Health aids, unlimited amount [522(d)(9)]
Insurance / Annuities:
- Life insurance proceeds, amount needed for support [522(d)(11)(C)]
Pensions / Retirement Plans:
- Retirement benefits, amount needed for support [522(d)(10)(E)]
Public Benefits / Entitlements:
- Social Security, unlimited amount [522(d)(10)(A)]
- Alimony and child support, amount needed for support [522(10)(D)]