Exemption Limits
While Bankruptcy law is Federal, many exemptions are determined by state law. As of the writing of this web page, a brief survey of the information available on the internet revealed that virtually all sources reported exemptions incorrectly. Frequently, they were simply not up to date – some for many years. Be very careful where you get information on exemption limits.
Exemptions are treated differently depending on which Chapter of Bankruptcy you are filing. In a Chapter 7, they establish a dollar limit for certain categories of property that you are allowed to keep through your bankruptcy. Equity or value, over the exemption limit, can be bought from the bankruptcy estate or could lead to property seizure. If you know your exemption laws, then you can know what is going to happen before you file and plan accordingly – no surprises!
Determining the categorization of property and which exemptions to apply is a task best left to experienced attorneys familiar with the exemption levels set by the laws of your state.
To give you an idea of what to expect, here are the exemptions in Texas:
| Individual Filer | Joint
Filing |
|
| Wearing Apparel | 1,500 unlimited | Same |
| Jewelry & Watches | 2,000 $3,750 personal property total(25% of aggregate) | Same |
| Personal Books & Family Pictures | 1,500 $3,750 personal property total | Same |
| Household Goods | 3,000 30,000 | Same |
| Tools of a Trade | 20,000 Unlimited | Same |
| Motor Vehicles or Bicycles | 5,000 One per licensed member of the household | 10,000 Same |
| Professional Library | 3,000 Unlimited | Same |
| LIFE Insurance - Cash Surrender Value | 50,000 Unlimited | Same |
| Personal Injury Awards | 100% | Same |
| Pension & Retirement | 100% | Same |
| IRAs | 100% | Same |
| Child Support Payments in Custodial Account | 100% | Same |
| Disposable Earning75% | ||
| Equity in Home | 60,000% | Same |
| Equity in Home for Elderly or Disabled | 90,000% | Same |
| Equity in Home sold within last 2 years | 60,000% | Same |
