Bankruptcy Information by State
Learn how bankruptcy works in your state. From court locations to filing procedures, this section covers everything you need to know about filing for bankruptcy where you live.
Bankruptcy rules and state exemptions vary depending on where you live. Use these state guides to learn how to file for bankruptcy in your area. Whether you're just starting your research or ready to take the next step, this page can help you understand the state-specific rules that apply to you.
This page is your home base for learning about bankruptcy in your state.
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How To File Bankruptcy for Free in Maryland
State guide for How To File Bankruptcy for Free in Maryland
Read More →How To File Bankruptcy for Free in Wyoming
State guide for How To File Bankruptcy for Free in Wyoming
Read More →How To File Bankruptcy for Free in Maine
State guide for How To File Bankruptcy for Free in Maine
Read More →How To File Bankruptcy for Free in Nevada
State guide for How To File Bankruptcy for Free in Nevada
Read More →How To File Bankruptcy for Free in Virginia
State guide for How To File Bankruptcy for Free in Virginia
Read More →How To File Bankruptcy for Free in Alabama
State guide for How To File Bankruptcy for Free in Alabama
Read More →How To File Bankruptcy for Free in Mississippi
State guide for How To File Bankruptcy for Free in Mississippi
Read More →How To File Bankruptcy for Free in New Hampshire
State guide for How To File Bankruptcy for Free in New Hampshire
Read More →How To File Bankruptcy for Free in Massachusetts
State guide for How To File Bankruptcy for Free in Massachusetts
Read More →How To File Bankruptcy for Free in Oregon
State guide for How To File Bankruptcy for Free in Oregon
Read More →How To File Bankruptcy for Free in South Dakota
State guide for How To File Bankruptcy for Free in South Dakota
Read More →How To File Bankruptcy for Free in Missouri
State guide for How To File Bankruptcy for Free in Missouri
Read More →How To File Bankruptcy for Free in Texas
State guide for How To File Bankruptcy for Free in Texas
Read More →How To File Bankruptcy for Free in Tennessee
State guide for How To File Bankruptcy for Free in Tennessee
Read More →How To File Bankruptcy for Free in South Carolina
State guide for How To File Bankruptcy for Free in South Carolina
Read More →How To File Bankruptcy for Free in Rhode Island
State guide for How To File Bankruptcy for Free in Rhode Island
Read More →How To File Bankruptcy for Free in Pennsylvania
State guide for How To File Bankruptcy for Free in Pennsylvania
Read More →How To File Bankruptcy for Free in Ohio
State guide for How To File Bankruptcy for Free in Ohio
Read More →How To File Bankruptcy for Free in New York
State guide for How To File Bankruptcy for Free in New York
Read More →How To File Bankruptcy for Free in New Mexico
State guide for How To File Bankruptcy for Free in New Mexico
Read More →How To File Bankruptcy for Free in North Dakota
State guide for How To File Bankruptcy for Free in North Dakota
Read More →How To File Bankruptcy for Free in North Carolina
State guide for How To File Bankruptcy for Free in North Carolina
Read More →How To File Bankruptcy for Free in Montana
State guide for How To File Bankruptcy for Free in Montana
Read More →How To File Bankruptcy for Free in Minnesota
State guide for How To File Bankruptcy for Free in Minnesota
Read More →How To File Bankruptcy for Free in Michigan
State guide for How To File Bankruptcy for Free in Michigan
Read More →How To File Bankruptcy for Free in Connecticut
State guide for How To File Bankruptcy for Free in Connecticut
Read More →How To File Bankruptcy for Free in Delaware
State guide for How To File Bankruptcy for Free in Delaware
Read More →How To File Bankruptcy for Free in Indiana
State guide for How To File Bankruptcy for Free in Indiana
Read More →How To File Bankruptcy for Free in Washington D.C. Without a Lawyer
State guide for How To File Bankruptcy for Free in Washington D.C. Without a Lawyer
Read More →How To File Bankruptcy for Free in Arkansas
State guide for How To File Bankruptcy for Free in Arkansas
Read More →How To File Bankruptcy for Free in Kentucky
State guide for How To File Bankruptcy for Free in Kentucky
Read More →How To File Bankruptcy for Free in Illinois
State guide for How To File Bankruptcy for Free in Illinois
Read More →How To File Bankruptcy for Free in Arizona
State guide for How To File Bankruptcy for Free in Arizona
Read More →How To File Bankruptcy for Free in Georgia
State guide for How To File Bankruptcy for Free in Georgia
Read More →How To File Bankruptcy for Free in California
State guide for How To File Bankruptcy for Free in California
Read More →How To File Bankruptcy for Free in Florida
State guide for How To File Bankruptcy for Free in Florida
Read More →How To File Bankruptcy for Free in Colorado
State guide for How To File Bankruptcy for Free in Colorado
Read More →How To File Bankruptcy for Free in Alaska
State guide for How To File Bankruptcy for Free in Alaska
Read More →How To File Bankruptcy for Free in Hawaii
State guide for How To File Bankruptcy for Free in Hawaii
Read More →How To File Bankruptcy for Free in West Virginia
State guide for How To File Bankruptcy for Free in West Virginia
Read More →How To File Bankruptcy for Free in Wisconsin
State guide for How To File Bankruptcy for Free in Wisconsin
Read More →How To File Bankruptcy for Free in Washington
State guide for How To File Bankruptcy for Free in Washington
Read More →How To File Bankruptcy for Free in Vermont
State guide for How To File Bankruptcy for Free in Vermont
Read More →How To File Bankruptcy for Free in Utah
State guide for How To File Bankruptcy for Free in Utah
Read More →How To File Bankruptcy for Free in Oklahoma
State guide for How To File Bankruptcy for Free in Oklahoma
Read More →How To File Bankruptcy for Free in New Jersey
State guide for How To File Bankruptcy for Free in New Jersey
Read More →How To File Bankruptcy for Free in Nebraska
State guide for How To File Bankruptcy for Free in Nebraska
Read More →How To File Bankruptcy for Free in Idaho
State guide for How To File Bankruptcy for Free in Idaho
Read More →How To File Bankruptcy for Free in Iowa
State guide for How To File Bankruptcy for Free in Iowa
Read More →How To File Bankruptcy for Free in Kansas
State guide for How To File Bankruptcy for Free in Kansas
Read More →How To File Bankruptcy for Free in Louisiana
State guide for How To File Bankruptcy for Free in Louisiana
Read More →Guide To Bankruptcy Exemptions: What Can You Keep When You File Chapter 7?
Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Filing for Chapter 7 bankruptcy doesn’t mean losing everything. In fact, most people who file get to keep all of their property, including their home, car, clothes, and everyday household items. That’s because bankruptcy laws include exemptions, which are legal protections for the things you need to live and work.These exemptions exist to help you get a real fresh start. This guide breaks down how bankruptcy exemptions work in Chapter 7, what property they cover, and how to make sure you claim them properly. Whether you're using state or federal exemptions, understanding these protections can give you peace of mind and help you move forward.
Read More →What Are the Arizona Bankruptcy Exemptions?
Written by Ben Jackson. Legally reviewed by Jonathan Petts
Exemptions help you protect your property and assets in bankruptcy. There are both state and federal exemptions, but Arizona has opted out of the federal bankruptcy exemptions. That means, if you’ve lived in Arizona for at least two years when you file your bankruptcy case, you have to use Arizona's exemption laws. Arizona has a generous homestead exemption of $250,000. The motor vehicle exemption is $15,000 for single filers (or $25,000 if you or a dependent is disabled). Arizona does not have a wildcard exemption.
Read More →California Bankruptcy Exemptions Explained
Written by Ben Jackson. Legally reviewed by Attorney Andrea Wimmer
Some states permit filers to choose between a set of federal bankruptcy exemptions and the state exemption system. However, California isn’t one of them. California is called an “opt-out” state, which means federal bankruptcy exemptions are not available to filers in the state. Californians filing bankruptcy have to use California exemption law.
Read More →What Are Florida's Bankruptcy Exemptions?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
If you’ve been a Florida resident for at least two years and you file Chapter 7 bankruptcy, you’ll need to use the state’s exemptions to protect your property. Exemptions are laws that outline how much of different kinds of property are protected when you file a bankruptcy case. Most filers see that all their property is protected. In Florida, the homestead exemption protects all the equity you have in your home, given you meet a few criteria. The motor vehicle exemption is $5,000, and if you don’t use the homestead exemption, you can apply the $4,000 wildcard exemption to your vehicle (or any other property) as well.
Read More →What Are the Texas Bankruptcy Exemptions?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Texas has more generous bankruptcy exemptions than many other states. It also allows bankruptcy filers to choose whether they want to use the Texas state bankruptcy exemptions or the federal bankruptcy exemptions. In many cases, the state exemptions are more beneficial to bankruptcy filers who own a home or car. But unlike the federal exemptions, Texas doesn’t offer a wildcard exemption to protect personal property of your choosing.
Read More →What Are the Illinois Bankruptcy Exemptions?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
If you’ve been an Illinois resident for at least two years, you’ll need to use the state’s exemptions if you file Chapter 7 bankruptcy. Exemptions help you protect important property, from your household furnishings and clothing to your car and retirement accounts. The homestead exemption in Illinois is $15,000 (or $30,000 if you’re married and filing jointly). The motor vehicle exemption is $2,400. Illinois also offers a $4,000 wildcard exemption.
Read More →What Are the Ohio Bankruptcy Exemptions?
Written by Ben Jackson. Legally reviewed by Attorney Andrea Wimmer
Bankruptcy exemptions are rules that allow people who file for bankruptcy to keep certain important items instead of having to sell them to repay their debts. If you’re filing bankruptcy in Ohio, you must use the state’s exemptions to protect your property. Ohio has a homestead exemption of up to $182,625 for individual filers, a $5,025 motor vehicle exemption, and a $1,675 wildcard exemption. It also has exemptions for personal property and money benefits.
Read More →What Are the Wisconsin Bankruptcy Exemptions?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
You will find a list of available exemptions in the federal Bankruptcy Code, or you may instead decide to use exemptions available under Wisconsin law. However, keep in mind that each state has the option of “opting out” of this scheme. Bankruptcy filers in an opt-out state may only use their state exemptions and not use the federal exemptions. As Wisconsin hasn’t opted out of the choice between state exemptions and federal exemptions, Wisconsinites who file bankruptcy can choose between federal bankruptcy exemptions or state exemptions. Actually, you will be happy to know that Wisconsin is one of the few US states that allows filers this choice, and this is a real advantage if you are filing Chapter 7 in the state. However, keep in mind that you are not allowed to cherry-pick exemptions from both lists; you can select only one set of exemptions. If you’re using Wisconsin law to exempt your property, you can also use the federal nonbankruptcy exemptions, if applicable. This also means that if you’re filing for bankruptcy in the state, you should review both sets of exemptions and then choose what scheme can best protect your property. Hiring an attorney can be helpful in this respect.
Read More →What Are the Michigan Bankruptcy Exemptions?
Written by Mae Koppes. Legally reviewed by Attorney Andrea Wimmer
If you’ve lived in Michigan for at least two years when you file bankruptcy, you can choose between the state’s exemptions or the federal bankruptcy exemptions. Both have the same aim — to help you protect your property. Michigan has a higher homestead exemption than the federal government ($46,125 vs. $31,575). But if you aren’t a homeowner, the federal exemptions for personal property, including your vehicle, are more generous.
Read More →What Are the Virginia Bankruptcy Exemptions?
Written by Ben Jackson. Legally reviewed by Attorney Andrea Wimmer
Virginia bankruptcy exemptions let you keep certain property—like your home, car, and household items—when you file for Chapter 7 bankruptcy. These exemptions are grouped by category and have dollar limits that protect the value of specific types of property, including personal items, wages, and public benefits. Unlike some states, Virginia does not let you choose between state and federal bankruptcy exemptions—you must use the Virginia list. If your property falls within these exemption limits, you can likely keep it, even while clearing away your unsecured debts. Understanding how exemptions work can help you protect the things that matter most as you get a fresh financial start.
Read More →What Are the New York Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Bankruptcy exemptions are laws that allow people filing for bankruptcy to retain their essential belongings, instead of losing everything to pay off debts. These laws vary from state to state. If you have lived in New York for at least two years and you file for Chapter 7 bankruptcy, you will use the state's exemptions to protect your personal property, like your car, from being seized. The homestead exemption in New York varies based on where your residence is located. The motor vehicle exemption is $4,825 (or $11,975 if your car is equipped for a disabled person). New York also has a $1,100 wildcard exemption.
Read More →What Are the Nebraska Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Bankruptcy exemptions help you protect your property when you file Chapter 7. If you’ve lived in Nebraska for at least the last two years and you’re filing for bankruptcy, you must use Nebraska’s bankruptcy exemptions. The homestead exemption in Nebraska is $120,000. The motor vehicle exemption is $5,000. The wildcard exemption is also $5,000, but you can’t use it to protect real estate or wages.
Read More →What Are the Idaho Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Exemptions help you protect what you own when you file bankruptcy. If you file Chapter 7 bankruptcy as an Idaho resident, you must use the state’s exemption laws. Idaho provides a generous homestead exemption up to $175,000 and a motor vehicle exemption of $10,000. Additionally, Idaho offers a wildcard exemption of $800, which you can apply to any property you choose.
Read More →What Are the New Jersey Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Every state has its own set of bankruptcy exemptions. There is also a set of federal bankruptcy exemptions contained in the United States Bankruptcy Code. Several states, including New Jersey, allow residents to choose between taking the New Jersey bankruptcy exemptions and the federal exemptions. It’s important to note that you have to pick one set of exemptions and stick to it, you can’t pick and choose from both New Jersey exemptions and federal, rather go with the set that gives you the most protection. If you decide to go with the state exemptions you can also use the federal nonbankruptcy exemptions as a supplement, so long as you meet the qualifications.
Read More →What Are the Colorado Bankruptcy Exemptions?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Bankruptcy exemptions help bankruptcy filers protect the property they own so they don't have to start over with nothing after their debts are discharged. Colorado has opted out of the federal bankruptcy exemptions, so residents must use the state exemptions instead. Fortunately, Colorado has generous bankruptcy exemptions, including a $250,000 homestead exemption (for filers under 60) and a $15,000 motor vehicle exemption.
Read More →What Are the Oregon Bankruptcy Exemptions?
Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
If you’ve lived in Oregon for at least two years when you file bankruptcy, you can choose between the state or federal bankruptcy exemptions. Generally speaking, if you’re filing alone and you own a home, you’ll get great protection using Oregon’s state exemptions. If you don’t own a home, you may benefit more from federal exemptions, which provide a more generous exemption for your car and a wildcard exemption you can use to protect any property not otherwise protected.
Read More →What are the Missouri Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
The most important thing you will need to educate yourself before filing bankruptcy is what bankruptcy exemptions you will need to use. Bankruptcy exemptions allow you to keep your property. When filing bankruptcy there are two types of bankruptcy exemptions you will need to be aware of - federal exemptions and state exemptions. When Congress enacted bankruptcy laws, they implemented federal bankruptcy exemptions to allow filers to protect their property. At the same time, they allowed each State the opportunity to choose whether they want to use the federal exemptions or to opt-out if not. If you file bankruptcy in Missouri, you will learn that Missouri is an “opt-out” state. This means that Missouri opted out of allowing filers to use the federal bankruptcy exemptions. You can use the federal nonbankruptcy exemptions to protect certain qualifying retirement benefits, death benefits, and veterans’ benefits.
Read More →What Are the Indiana Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
If you’ve been an Indiana resident for at least two years when you file Chapter 7 bankruptcy, you’ll be required to use the state’s bankruptcy exemptions to protect your property and belongings. Indiana offers a $22,750 homestead exemption you can use to help protect your primary residence. There is no motor vehicle exemption in Indiana, but you can use the state’s $12,100 wildcard exemption to protect your car and other personal property.
Read More →What Are the Tennessee Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Exemptions help bankruptcy filers protect their property and assets. If you're looking to file bankruptcy and exempt your property in Tennessee, you'll be limited to Tennessee’s exemptions only. Filers in Tennessee can't use the federal exemptions. That said, you can use federal nonbankruptcy exemptions to protect certain retirement accounts and disability benefits.
Read More →What Are the Minnesota Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Exemptions are used to protect your property and assets as you go trhough bankruptcy. You can choose from two sets of exemptions when you file Chapter 7 bankruptcy in Minnesota — federal bankruptcy exemptions and Minnesota bankruptcy exemptions. If you choose to use Minnesota’s bankruptcy exemptions, you may also use the federal nonbankruptcy exemptions to protect retirement accounts and disability benefits.
Read More →What Are the Washington Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
In Washington, you can choose between federal and state exemptions when filing for bankruptcy so long as you’ve lived in the state for at least two years. Washington has a very generous homestead and motor vehicle exemption — more generous than the federal government. You’ll need to look at the property you own and want to protect to decide which set of exemptions will help you most when filing Chapter 7.
Read More →What Are the Alabama Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Alabama residents of at least two years filing Chapter 7 bankruptcy will need to use the state’s exemptions to protect their personal property during the case. Alabama’s homestead exemption is $18,800 (as of July 1, 2023). It also offers a $9,400 wildcard exemption that you can use to protect most types of personal property, including a vehicle, with a few exceptions. Filers in Alabama can also use the federal non-bankruptcy exemptions to protect certain benefits and retirement funds.
Read More →What Are the Alaska Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Alaskans filing Chapter 7 bankruptcy get to choose between the state’s exemptions or the federal bankruptcy exemptions. Alaska has a more generous homestead exemption ($54,000) for single filers than the federal exemption ($31,575). The federal motor vehicle exemption ($5,025) is more generous than Alaska’s exemption ($4,050). The federal exemptions also include a generous wildcard exemption, whereas Alaska doesn’t offer a wildcard exemption.
Read More →What Are the Delaware Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Each state has its own set of bankruptcy exemptions available to its residents. There is also a set of exemptions available at the federal level in the United States Bankruptcy Code, which is part of the U.S. Code or U.S.C., and each state can decide whether or not to offer the federal exemptions as an alternative option for filers. Only a minority of states offer a choice. Delaware, like the majority, has opted out of allowing its residents to use the federal bankruptcy exemptions. So, if you’re filing bankruptcy in Delaware, you’ll be limited to only using the Delaware state exemptions. You can, however, also use any of the federal nonbankruptcy exemptions if you qualify to supplement the state exemptions.
Read More →What Are the Hawaii Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
When you file Chapter 7 bankruptcy, you get a fresh start without having to start from scratch. That's because you can use bankruptcy exemptions to protect your property and possessions. Hawaii filers can choose to use either the state or federal bankruptcy exemptions to protect their assets.
Read More →What are the Louisiana Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Every state has its own set of bankruptcy exemptions, which are available to residents who file bankruptcy in that state. There is also a set of federal exemptions available under the United States Bankruptcy Code. Each state can decide whether to allow its residents to choose between their state exemptions and the federal exemptions. Louisiana is an “opt-out” state, which means that residents are limited to using only the Louisiana state exemptions. Debtors filing in Louisiana can, however, use any of the federal nonbankruptcy exemptions that they qualify for as a supplement to the state exemptions.
Read More →What Are the Maryland Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Maryland exemptions help you protect your home, belongings, and other essential property during the bankruptcy process. Many people who file are able to keep everything they own because it's protected by these laws. Maryland doesn't allow you to use the federal bankruptcy exemptions, but it does offer a wide range of protections—like coverage for home equity, tools of the trade, personal items, and certain money benefits. Some income sources, like child support, retirement accounts, and public benefits, are fully protected.
Read More →What Are the New Mexico Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Exemptions help bankruptcy filers hold on to certain property by protecting it from being sold by the bankruptcy trustee. New Mexico filers are generally allowed to choose between applying the federal bankruptcy exemptions or the state's bankruptcy exemptions. You'll want to look at each set of exemptions to see which will best protect the property you own.
Read More →What Are the Oklahoma Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
If you file Chapter 7 in Oklahoma, you’ll use the state’s bankruptcy exemptions to protect your property. Oklahoma has a generous homestead exemption that allows bankruptcy filers to protect all the equity in their home provided the home isn’t on more than one acre in an urban area or 160 acres in a rural area. The motor vehicle exemption for single filers in Oklahoma is $7,500.
Read More →What Are the Maine Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
If you’ve lived in Maine for more than two years, you’ll have to use the state’s bankruptcy exemptions when you file Chapter 7 bankruptcy. These exemptions allow you to protect certain property from being sold to pay your creditors. Key exemptions in Maine include the homestead exemption, which protects up to $80,000 of equity in your home or up to $160,000 if you live with dependents. The Maine motor vehicle exemption, which covers up to $10,000 in equity in your car. Maine also offers a $500 wildcard exemption. You can also access an additional $10,500 wildcard exemption to protect other property, but only if you don’t use the full homestead exemption.
Read More →Homestead Exemption 101: How It Works in Bankruptcy
Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
The homestead exemption helps protect the equity in your home if you file Chapter 7 bankruptcy. This protection makes it possible for many homeowners to get relief from credit card debt, medical bills, and other unsecured debts without losing their house. There’s a federal exemption, and each state sets its own exemption rules. How much home equity you can protect depends on where you live. If your equity goes over the exemption limit, you may still have options, including Chapter 13 bankruptcy and other forms of debt relief.
Read More →What Are the Nevada Bankruptcy Exemptions?
Written by Attorney Eva Bacevice.
Nevada has opted out of the federal bankruptcy exemptions. This means that if you file for Chapter 7 bankruptcy in Nevada, presuming you fulfill the residency requirement, you must use the Nevada state exemptions for your bankruptcy case. There is one exception to this, which is if you have lived in Nevada for less than 730 days (two years), you don’t yet qualify to use the Nevada state exemptions. Instead, you’ll need to look back to where you lived during the 180 days before the two years prior to your filing, or roughly two and a half years ago. In either case, you will still have access to the federal nonbankruptcy exemptions in addition to your state exemptions.
Read More →What Are the Kansas Bankruptcy Exemptions?
Written by Attorney Eva Bacevice.
Kansas does not allow filers to choose between using state exemptions and the federal exemptions. If you have lived in Kansas for more than two years you must use Kansas state exemptions in your bankruptcy case. If you do not meet the two-year (730-day) residency requirement, then you need to use the 180-day rule to determine which state’s rules apply. With the 180-day rule, you should look to where you lived for the majority of the 180 days before two years prior to your filing date. In other words, where you lived two and a half years ago. Once you have surpassed that two-year mark, however, you’re only able to use Kansas state exemptions. Married couples filing a joint bankruptcy together in Kansas can double most of the exemption amounts, so long as both spouses have an ownership interest in the property. Additionally, filers in Kansas can also use the protections offered by the federal nonbankruptcy exemptions along with their state exemptions.
Read More →What Are the North Carolina Bankruptcy Exemptions?
Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Every state has its own set of bankruptcy exemptions. There’s also a set of federal exemptions contained in the United States Bankruptcy Code. Several states allow filers to choose whether to use state exemptions or federal bankruptcy exemptions, however, North Carolina doesn’t allow for the choice. If you’re a North Carolina resident filing bankruptcy, your only option is to use the North Carolina state bankruptcy exemptions. You can, however, use the federal nonbankruptcy exemptions in addition to the North Carolina state exemptions for any other federal protections available, either within a bankruptcy or not, beyond the state exemptions.
Read More →What Are the Massachusetts Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Massachusetts law allows for most residents to choose between federal bankruptcy exemptions and state exemptions to property that could be affected by the bankruptcy process. The only time that this choice is not available is if a filer is a new Massachusetts resident and has lived in the state for less than two years. By examining each approach below, you can determine whether your case will be served best by applying Massachusetts exemptions or by claiming those available under federal law. Oftentimes, both schemes do an equally adequate job of safeguarding a filer’s property. But sometimes, it’s advantageous to choose one option over the other.
Read More →What Are the Utah Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Utah law requires residents who have lived in the state for at least two years to use its state exemptions when filing Chapter 7 bankruptcy. Exemptions protect your property during the bankruptcy process so that you can get a financial fresh start without having to start from scratch. If you’re filing as a single person, the homestead exemption in Utah is $42,000. The motor vehicle exemption is $3,000. Utah doesn’t offer a wildcard exemption.
Read More →What Are the Connecticut Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Bankruptcy exemptions allow filers to protect their possessions and property. Some states allow residents of two years or more to choose between state exemptions or the federal bankruptcy exemptions. Connecticut is one such state. Below we'll look at each set of exemptions to help you understand which may be best for you.
Read More →What Are the South Carolina Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Only 17 states allow their residents to choose between claiming state exemptions and federal bankruptcy exemptions. South Carolina is not one of these states. Instead, South Carolina law provides residents with state-specific exemptions and does not allow its residents to claim federal exemptions. While some federal law in the Bankruptcy Code does influence how some South Carolina exemptions are structured, the kinds of exempt property filers can claim and the exemption amounts that apply to bankruptcy cases are state-specific. It’s important to note that if you have lived in South Carolina for less than 2 years, you may not be able to claim South Carolina’s exemptions to your property.
Read More →What Are the Iowa Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
You may have heard about federal exemptions before, but you won’t need to worry about them when filing bankruptcy in Iowa. State law only allows Iowa residents to claim Iowa exemptions and doesn’t give filers the choice to apply federal bankruptcy exemptions to their property instead. This Iowa law isn’t an unusual approach, as only 17 states in the U.S. allow residents to choose between state-specific bankruptcy exemptions and exemption laws provided by the federal Bankruptcy Code. Note however that if you moved to Iowa within 2 years of filing for bankruptcy, you may be subject to a different set of exemption standards than long-time Iowa residents are.
Read More →What Are the Kentucky Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Bankruptcy exemptions allow filers to protect certain property they own. Kentucky residents who've lived in the state for two years or more can choose between the state's exemptions or the federal bankruptcy exemptions. Below, you’ll find detailed information about each so that you can determine which will be best for you.
Read More →What Are the Arkansas Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
If you’ve lived in Arkansas for at least two years and you’re filing Chapter 7, you can choose between the federal or state bankruptcy exemptions. Bankruptcy exemptions are laws that help you protect your property when you file your case. For many types of property and belongings, federal exemptions are more generous for filers. However, Arkansas does have a generous acreage-based homestead exemption, which can be useful if you’re a homeowner.
Read More →What Are the North Dakota Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
One straightforward thing about filing for bankruptcy in North Dakota is that it doesn’t allow residents to claim federal bankruptcy exemptions. Although 17 jurisdictions in the United States do allow residents to apply federal exemptions to their property, North Dakota law doesn’t provide a choice between federal exemptions and state exemptions. Therefore, unless you moved to North Dakota less than 2 years ago, you don’t have to worry about comparing state law with federal law in this regard. Simply evaluate the North Dakota exemptions listed below and claim them if they apply to you. However, if you have qualifying assets, you will also want to take the federal nonbankruptcy exemptions into consideration in addition to the state-specific structure.
Read More →What Are the New Hampshire Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
Exemptions protect certain property throughout a bankruptcy case. New Hampshire residents have a choice to make when claiming bankruptcy exemptions. As long as you’ve lived in New Hampshire for a minimum of two years, you can choose to claim either the New Hampshire exemptions or the federal exemptions. You aren’t allowed to pick and choose exemptions from both structures, so you’ll want to carefully compare the values of each to decide which will protect more of the property you own.
Read More →What Are the Rhode Island Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
When you fill out your bankruptcy petition, you'll have to choose which exemptions you’ll apply to your property. Exemptions are a part of bankruptcy law that allow filers to protect some or all of their property. Rhode Island bankruptcy law allows residents who've lived in the state for at least two years to claim either state bankruptcy exemptions or the federal bankruptcy exemptions. This article explains the most common exemptions and compares the state and federal exemptions.
Read More →What Are the Montana Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
If you’ve lived in Montana for at least two years when you file Chapter 7 bankruptcy, you’ll use the state’s exemptions to protect your home, household goods, car, and other personal property you own. Montana has a generous homestead exemption, which was set at $350,000 in 2021, with a 4% increase to take place annually. The motor vehicle exemption in Montana is $4,000.
Read More →What Are the Mississippi Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
Under Mississippi law, almost all Mississippi residents must apply state exemptions to their property, as Mississippi doesn’t allow filers to claim federal exemptions unless an exception for a certain kind of property is allowed under federal law. Mississippi isn’t alone in this approach, as only 17 states allow filers to apply federal bankruptcy exemptions to their property instead of state exemptions. The only scenario under which you’d claim anything other than Mississippi exemptions is if you moved to Mississippi less than two years ago. Because Mississippi residents only have one exemption model to apply to their assets, the process of claiming exemptions is relatively straightforward.
Read More →What Are the South Dakota Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
South Dakota is among the majority of states that doesn’t allow residents to claim federal bankruptcy exemptions. Sixteen states and the District of Columbia allow residents to choose from their state exemption structure or the federal exemption structure per the federal Bankruptcy Code. As South Dakota does not, this makes the process of claiming exempt property more straightforward because you won’t have to compare two schemes to see which is more advantageous. As long as you’ve lived in South Dakota for a minimum of two years, you’ll apply state bankruptcy law and federal nonbankruptcy exemptions only when claiming exemptions for your personal property.
Read More →What Are the Vermont Bankruptcy Exemptions?
Written by Mae Koppes. Legally reviewed by Ben Jackson
Bankruptcy exemptions protect certain property during a bankruptcy case. Vermont residents can choose between the state's bankruptcy exemptions or federal bankruptcy exemptions.
Read More →What Are the Washington D.C. Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
If you’re filing Chapter 7 bankruptcy in Washington, D.C., you can choose between using federal bankruptcy exemptions or D.C.’s own set of exemptions. This gives you the chance to pick the option that best protects your property. The comparison below can help you decide. Just keep in mind that if you moved to D.C. less than two years ago, you may need to use the federal exemptions instead.
Read More →What Are the West Virginia Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl. Legally reviewed by Ben Jackson
West Virginians filing Chapter 7 will need to use the state’s exemptions to protect their property during their bankruptcy case. West Virginia’s homestead exemption is $35,000 for single filers (you can double this amount if you’re married, filing jointly, and jointly own the property). The motor vehicle exemption is $7,500. There’s also a wildcard exemption you can use to protect any property that’s not otherwise protected. The wildcard exemption is $800 plus any unused portion of the homestead exemption.
Read More →What Are the Wyoming Bankruptcy Exemptions?
Written by Attorney Kassandra Kuehl.
Wyoming requires residents to use state exemptions when filing for bankruptcy, so you don’t need to worry about federal bankruptcy exemptions. The state offers specific exemptions to protect your assets, such as up to $20,000 of equity in your primary residence and up to $5,000 in equity for one vehicle. However, Wyoming does not provide a wildcard exemption, which means you must use the designated categories to protect your property. The only exception is if you’ve lived in Wyoming for less than two years; in this case, you may need to use federal exemptions or those from your previous state.
Read More →What Are the Georgia Bankruptcy Exemptions?
Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
If you’ve been a Georgia resident for the last two years before you file Chapter 7, you’ll need to use the state’s exemptions to protect your property during your bankruptcy. Exemptions are laws that outline what property you can keep during bankruptcy. The Georgia homestead exemption is $21,500. The motor vehicle exemption is $5,000. Georgia also has a wildcard exemption you can use to protect other personal property up to $1,200. If you don’t use the full homestead exemption, you can apply up to $10,000 of the unused portion to protect personal property as well.
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