Federal non-bankruptcy exemptions

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".

Real Estate:

- None

Personal Property:

- Savings account deposits while on permanent military duty outside the USA, unlimited amount [10 USC 1035]
- Seamen's clothing (unlimited amount) [46 USC 1110]

Wages:

- 75% of earned but unpaid wages [15 USC 1673]
- Wages of seamen while on a voyage (unlimited amount) [46 USC 11111]

Pensions (Unlimited amount):

- Social security [42 USC 407]
- Veteran's benefits [38 USC 3101]
- Veteran's Medal of Honor benefits [38 USC 1562]
- Military honor roll pensions [38 USC 562]
- Military service employees [10 USC 1440]
- Civil service employees [5 USC 8346]
- Foreign service [22 USC 4060]

Insurance:

- Railroad workers unemployment insurance (unlimited amount) [45 USC 352(e)]

Benefits (Unlimited amount):

- Military service survivor benefits [10 USC 1450]
- Judges survivor benefits [28 USC 376]
- Government employee death and disability benefits [5 USC 8130]
- U.S. court director's survivor benefits [28 USC 376]
- War hazard death or injury compensation [42 USC 1717]
- Military service survivor benefits [10 USC 1450]
- Judicial center director's survivor benefits [33 USC 775]
- Supreme Court Chief Justice Administrator's survivor benefits [28 USC 376]
- Lighthouse workers survivor benefits [33 USC 775]
- Longshoremen death and disability benefits [33 USC 916]

Miscellaneous:

- Klamath Indian tribe benefits (unlimited amount) [25 USC 543, 545]

Federal bankruptcy exemptions

Federal bankruptcy exemptions are available to residents in

- Arkansas
- Connecticut
- District of Columbia
- Hawaii
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New Mexico
- Pennsylvania
- Rhode Island
- South Carolina
- Texas
- Vermont
- Washington
- Wisconsin.

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.
If you use your state's exemptions, you may also use the federal non-bankruptcy exemptions.

Federal Exemptions:
[United States Bankruptcy Code Title 11 United States Code Sec. 522(d)]:

Real Property:

- Real property, co-op or mobile home up to $16,150 [522(d)(1)]

Personal Property:

- Health aids, unlimited amount [522(d)(9)]
- Burial plot (in lieu of real estate exemption) [522(d)(a)]
- Animals, appliances, books, clothing, crops, furnishings, household goods, and musical instruments up to $425 per item and up to $8,625 total [522(d)(3)]
- Implements, books, and tools of trade up to $1,625 [522(d)(6)]
- Jewelry up to $1,075 [522(d)(4)]
- Motor vehicle up to $2,575 [522(d)(2)]
- Personal injury recoveries up to $16,050 (not pain and suffering or pecuniary loss) [522(d)(11)(D)]
- Wrongful death recoveries, amount needed for support [522(d)(11)(B)]
- Lost earnings payments, unlimited amount [522(d)(11)(E)]

Insurance / Annuities:

- Life insurance proceeds, amount needed for support [522(d)(11)(C)]
- Disability, illness, or unemployment benefits, unlimited amount, [522(d)(10)(C)]
- Life insurance policy loan value, dividends, or interest up to $8,625 [522(d)(7)]
- Unmatured life insurance contract, unlimited amount [522(d)(7)]

Pensions / Retirement Plans:

- Retirement benefits, amount needed for support [522(d)(10)(E)]

Public Benefits / Entitlements:

- Social Security, unlimited amount [522(d)(10)(A)]
- Unemployment compensation, unlimited amount [522(d)(10)(A)]
- Public assistance, unlimited amount [522(d)(10)(A)
- Crime victims compensation, unlimited amount [522(d)(11)(A)]
- Veterans benefits, unlimited amount [522(d)(10)(B)]

Wages:

- None

Miscellaneous:

- Alimony and child support, amount needed for support [522(10)(D)]
- Any property up to $850 [522(d)(5)]
- Any property up to $8,075 of unused portion of real estate exemption [522(d)(1)(5)]