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Which states allow me to use the federal bankruptcy exemptions?

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In a Nutshell

Find out which states allow filers to choose between their state's exemptions and the federal bankruptcy exemptions.

Written by the Upsolve Team.  Reviewed by Attorney Andrea Wimmer
Updated July 22, 2020


The following states allow filers to use the federal bankruptcy exemptions instead of their state exemptions. If you haven't lived in your current state for more than 2 years before filing, remember to make sure you know which exemptions you're eligible for.

  • Alaska

  • Arkansas

  • Connecticut

  • District of Columbia

  • Hawaii

  • Kentucky

  • Massachusetts

  • Michigan

  • Minnesota

  • New Hampshire

  • New Jersey

  • New Mexico

  • New York

  • Oregon

  • Pennsylvania

  • Rhode Island

  • Texas

  • Vermont

  • Washington

  • Wisconsin

All other states require you to use their state-specific exemptions.



Written By:

The Upsolve Team

Upsolve is fortunate to have a remarkable team of bankruptcy attorneys, as well as finance and consumer rights professionals, as contributing writers to help us keep our content up to date, informative, and helpful to everyone.

Attorney Andrea Wimmer

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Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor. While in private practice, Andrea handled... read more about Attorney Andrea Wimmer

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