Bankruptcy Exemption Citations
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Exemption: Disaster relief insurance proceeds for exempt property

Citation: Stat. - La. Rev. Stat. Ann. § 13:3881

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La. Rev. Stat. Ann. § 13:3881 :
� 3881. General exemptions from seizure

A. The following income or property of a debtor is exempt from seizure under any writ, mandate, or process whatsoever, except as otherwise herein provided:

(1)(a) Seventy-five percent of his disposable earnings for any week, but in no case shall this exemption be less than an amount in disposable earnings which is equal to thirty times the federal minimum hourly wage in effect at the time the earnings are payable or a multiple or fraction thereof, according to whether the employee's pay period is greater or less than one week. However, the exemption from disposable earnings for the payment of a current or past due support obligation, or both, for a child or children is fifty percent of disposable earnings, and the exemption from seizure of the disposable earnings for the payment of a current or past due support obligation, or both, for a spouse or former spouse is sixty percent of the disposable earnings. For purposes of this Subsection, if the Department of Social Services is providing support enforcement services to the spouse and a judgment or order for support includes an obligation for both a child or children and a spouse or former spouse, or in any case wherein the judgment or order does not clearly indicate which amount is attributable to support of the child or children and which amount is attributable to support of the spouse or former spouse, the support obligation shall be treated as if it is exclusively for the support of a child or children.

(b) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld and which amounts are reasonable and are being deducted in the usual course of business at the time the garnishment is served upon the employer for the purpose of providing benefits for retirement, medical insurance coverage, life insurance coverage and which amounts are legally due or owed to the employer in the usual course of business at the time the garnishment is served.

(2) That property necessary to the exercise of a trade, calling, or profession by which he earns his livelihood, which shall be limited to the following:

(a) Tools.

(b) Instruments.

(c) Books.

(d) Seven thousand five hundred dollars in equity value for one motor vehicle per household, used by the debtor and his family household. The equity value of the motor vehicle shall be based on the NADA retail value for the particular year, make and model. The one motor vehicle may be used in exercising a trade, calling or profession or used for transportation to and from the place at which the debtor earns his livelihood.

(e) One utility trailer.

(f) One firearm with a maximum value of five hundred dollars.

(3) The personal servitude of habitation and the usufruct under Article 223 of the Civil Code.

(4)(a) The clothing, bedding, linen, chinaware, nonsterling silverware, glassware, living room, bedroom, and dining room furniture, cooking stove, heating and cooling equipment, one noncommercial sewing machine, equipment for required therapy, kitchen utensils, pressing irons, washers, dryers, refrigerators, deep freezers, electric or otherwise, used by him or a member of his family.

(b) The family portraits.

(c) His arms and military accoutrements.

(d) The musical instruments played or practiced on by him or a member of his family.

(e) The poultry, fowl, and one cow kept by him for the use of his family.

(f) All dogs, cats, and other household pets.

(5) Any wedding or engagement rings worn by either spouse, provided the value of the ring does not exceed five thousand dollars.

(6) Federal earned income tax credit, except for seizure by the Department of Revenue or arrears in child support payments.

B. (1) In cases instituted under the provisions of Title 11 of the United States Code, entitled "Bankruptcy", there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the state of Louisiana and under federal laws other than Subsection (d) of Section 522 of said Title 11 of the United States Code.

(2) No property upon which a debtor has voluntarily granted a lien shall, to the extent of the balance due on the debt secured thereby, be subject to the provisions of this Chapter or be exempt from forced sale under process of law.


(3) Proceeds from the involuntary sale or distribution of personal property that is exempt from seizure under the laws of this state, made at or after the filing of a petition under any Chapter of Title 11 of the United States Code, shall remain exempt for purposes of state law exemptions, as applicable under 11 U.S.C.A. � 522(b)(2)(A). For purposes of this Subsection, "involuntary sale" shall mean any non-consensual sale or disposition of property.


C. The state of Louisiana expressly waives any immunity from suit insofar as the garnishment of the nonexempt portion of the wages, salaries, commissions, or other compensation of public officials, whether elected or appointed, public employees, or contractors is concerned, of itself, its agencies, boards, commissions, political subdivisions, public corporations, and municipal corporations.


D. (1) Except as provided in Paragraph 2 of this Subsection, the following shall be exempt from all liability for any debt except alimony and child support: all pensions, all tax-deferred arrangements, annuity contracts, and all proceeds of and payments under all tax-deferred arrangements and annuity contracts, as defined in Paragraph 3 of this Subsection.

(2) No contribution to a tax-deferred arrangement or to an annuity contract, as defined in Paragraph 3 of this Subsection, shall be exempt if made less than one calendar year of the date of filing for bankruptcy, whether voluntary or involuntary, or the date writs of seizure are filed against the tax-deferred arrangement or annuity contract. A transfer from one tax-deferred arrangement to another or from one annuity contract to another shall not be considered a contribution for purposes of this Paragraph.

(3) The term "tax-deferred arrangement" includes all individual retirement accounts or individual retirement annuities of any variety or name, whether authorized now or in the future in the Internal Revenue Code of 1986, or the corresponding provisions of any future United States income tax law, including balances rolled over from any other tax- deferred arrangement as defined herein, money purchase pension plans, defined benefit plans, defined contribution plans, Keogh plans, simplified employee pension (SEP) plans, simple retirement account (SIMPLE) plans, Roth IRAs, or any other plan of any variety or name, whether authorized now or in the future in the Internal Revenue Code of 1986, or the corresponding provisions of any future United State s income tax law, under which United States income tax on the tax-deferred arrangement is deferred. The term "annuity contract" shall have the same definition as defined in R.S. 22:647(B).
Last Amended: 2014
2014

Added by Acts Added by Acts 1960, No. 32, � 6, eff. Jan. 1, 1961. Amended by Acts 1961, No. 25, � 1 eff. Jan. 1, 1961; Acts 1977, No. 360, � 1; Acts 1978, No. 563, � 1; Acts 1979, No. 596, � 1; Acts 1980, No. 764, � 9; Acts 1981, Ex.Sess., No. 36, � 8, eff. Nov. 19, 1981; Acts 1982, No. 670, � 1; Acts 1982, No. 704, � 1, eff. Aug. 2, 1982; Acts 1983, No. 108, � 1; Acts 1983, No. 178, � 1; Acts 1985, No. 532, � 1; Acts 1986, No. 303, � 2; Acts 1990, No. 495, � 1; Acts 1991, No. 155, � 1; Acts 1991, No. 796, � 1; Acts 1991, No. 856, � 1, eff. July 23, 1991

Acts 1991, No. 796, � 1 ; Acts 1992, No. 829, � 1; Acts 1999, No. 63, � 1; Acts 2003, No. 470, � 1; Acts 2004, No. 60, � 1; Acts 2004, No. 468, � 1, eff. June 24, 2004; Acts 2006, No. 601, � 1; Acts 2006, No. 753, � 1; Acts 2010, No. 634, � 2, eff. July 1, 2010., Acts 2014, No. 322, §§1, 2
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Other Louisiana Exemption Citations

50 State Homestead Exemptions

  • Alaska Stat. § 09.38.010 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
  • Alaska Admin. Code tit. 8, § 95.030 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
  • Ala. Code § 6-10-2 - Real property or mobile home to $18,800 (Increased to $18,800 on April 1, 2024); property cannot exceed 160 acres (husband & wife may double)
  • Ala. Code § 6-10-20 - Must record homestead declaration before attempted sale of home
  • Ala. Code § 6-10-4 - Real property or mobile home to $18,800 (Increased to $18,800 on April 1, 2024); property cannot exceed 160 acres (husband & wife may double)
  • Ark. Const. Art. 9, § 3 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Const. Art. 9, § 4 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Const. Art. 9, § 5 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. § 16-66-210 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. § 16-66-218 (b)(3), (4) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • In re Stevens, 829 F.2d 693 (8th Cir. 1987) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. § 16-66-218 (a)(1) - 2. Real or personal property used as residence to $800 if single; $1,250 if married
  • Ariz. Rev. Stat. § 33-1101 (A) - Real property, an apartment, or mobile home you occupy to $400,000; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first (husband & wife may not double)
  • Ariz. Rev. Stat. § 33-1102 - May record homestead declaration to clarify which one of multiple eligible parcels is being claimed as homestead
  • In re Talmadge, 832 F.2d 1120 (9th Cir 1987) - Real or personal property, including co-op, used as residence to $31,950; unused portion of homestead may be applied to any property
  • Cal. Civ. Proc. Code § 704.710 - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 704.720 - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 704.730 - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 703.150 (c) - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 703.140 (b)(1) - Real or personal property, including co-op, used as residence to $31,950; unused portion of homestead may be applied to any property
  • Colo. Rev. Stat. § 38-41-204 - Spouse or child of deceased owner may claim homestead exemption
  • Colo. Rev. Stat. § 38-41-201 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-201.6 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-203 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-207 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • In re Pastrana, 216 B.R. 948 (Colo. 1998) - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-201.7 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Conn. Gen. Stat. Ann. § 52-352a (e) - Real property, co-op, including mobile or manufactured home, to $250,000. (Effective October 1, 2021. See: PA 21-161—HB 6466)
  • Conn. Gen. Stat. Ann. § 52-352b (t) - Real property, co-op, including mobile or manufactured home, to $250,000. (Effective October 1, 2021. See: PA 21-161—HB 6466)
  • D.C. Code Ann. § 15-501 (a)(14) - Any property used as a residence or co-op that debtor or debtor's dependent uses as a residence
  • In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Del. Code Ann. tit. 10, § 4914 (c)(1) - Equity in real property or equity in a manufactured home that is debtors principal residence not to exceed $125,000. (joint filers may not double)
  • In re Kelley, 361 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Fla. Stat. Ann. § 222.01 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.02 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.03 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.05 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Const. Art.10, § 4 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • In re Colwell, 196 F.3d 1225 (11th Cir. 1999) - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.01 - May file homestead declaration
  • Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • In re Taylor, 320 B.R. 214 (Bkrtcy.N.D.Ga., 2005) - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Ga. Code Ann. § 44-13-100 (a)(1); - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Ga. Code Ann. § 44-13-100 (a)(6) - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Haw. Rev. Stat. § 651-93 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Haw. Rev. Stat. § 651-91 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Haw. Rev. Stat. § 651-92 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Haw. Rev. Stat. § 651-96 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Iowa Code § 561.4 - May record homestead declaration
  • Iowa Code § 499A.18 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Iowa Code § 561.2 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Iowa Code § 561.16 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Idaho Code § 55-1004 - Must record homestead exemption for property that is not yet occupied
  • Idaho Code § 55-1001 - Real property or mobile home to $175,000*; sale proceeds exempt for 6 months (husband and wife may not double) (* increased from $100,000 - March 2020)
  • Idaho Code § 55-1003 - Real property or mobile home to $175,000*; sale proceeds exempt for 6 months (husband and wife may not double) (* increased from $100,000 - March 2020)
  • Idaho Code § 55-1113 - Real property or mobile home to $175,000*; sale proceeds exempt for 6 months (husband and wife may not double) (* increased from $100,000 - March 2020)
  • 735 Ill. Comp. Stat. 5/12-902 - Spouse or child of deceased owner may claim homestead exemption
  • 735 Ill. Comp. Stat. 5/12-901 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • 735 Ill. Comp. Stat. 5/12-906 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • Ind. Code Ann. § 34-55-10-2.5 - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
  • Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
  • Ind. Code Ann. § 34-55-10-2 (c)(1) - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
  • Ind. Code Ann. § 34-55-10-2 (c) - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
  • Kan. Stat. Ann. § 60-2301 - Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm. (New in 2011: If existing homestead land is annexed by city, homestead retains its prior protection despite annexation.)
  • Kan. Const. art. 15 § 9 - Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm. (New in 2011: If existing homestead land is annexed by city, homestead retains its prior protection despite annexation.)
  • Ky. Rev. Stat. Ann. § 427.090 - Real or personal property used as residence to $5,000; sale proceeds exempt
  • Ky. Rev. Stat. Ann. § 427.060 - Real or personal property used as residence to $5,000; sale proceeds exempt
  • La. Rev. Stat. Ann. § 20:1 (A)(1),(2),(3) - Property you occupy to $35,000 (if debt is result of catastrophic or terminal illness or injury, limit is full value of property as of 1 year before filing); cannot exceed 5 acres in city or town, 200 acres elsewhere (husband & wife may not double)
  • La. Rev. Stat. Ann. § 13:3881 - Disaster relief insurance proceeds for exempt property
  • La. Rev. Stat. Ann. § 20:1 (B) - Spouse or child of deceased owner may claim homestead exemption; spouse given home in divorce gets homestead
  • Mass. Gen. Laws ch. 188, § 1 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, § 2 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, § 5 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • In re Peirce, 467 B.R. 260 (Bankr.D.Minn. 2012) - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, § 2 - Special rules for elderly and disabled.
  • Mass. Gen. Laws ch. 188, § 7 - Spouse or children of deceased owner may claim homestead exemption
  • Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
  • In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse
  • Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (f) - Owner occupied residential property or condo or co-op or or a manufactured home that has been converted to real property pursuant to Real Property § 8B-201, to $27,900 (husband and wife may not double), can only be claimed once every 8 years. (Note:Maryland homestead cap is equal to the Federal inflation-adjusted homestead amount, as of April 1, 2022, adjusted for inflation every 3 years.)
  • Me. Rev. Stat. Ann. tit. 14, § 4422 (1) - Real or personal property (including cooperative) used as residence to $80,00; if debtor has minor dependents in residence, to $160,000; if debtor over age 60 or physically or mentally disabled, $160,000 (joint debtors in this category may double); proceeds of sale exempt for six months
  • In re Lindstrom, 331 B.R. 267 (E.D. Mich. 2006) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Mich. Comp. Laws § 600.5451 (1)(m) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Vinson v. Dakmak, 347 B.R. 620 (E.D. Mich 2006) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • In re Tveten, 402 N.W.2d 551 (Minn 1987) - Only reasonable amount may be exempted.
  • In re Medill, 119 B.R. 685 (D.Minn 1990) - Only reasonable amount may be exempted.
  • Minn. Stat. Ann. § 510.01 - Home and land on which it is situated to $480,000; if homestead is used for agricultural purposes, $1,125,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Minn. Stat. Ann. § 510.02 - Home and land on which it is situated to $480,000; if homestead is used for agricultural purposes, $1,125,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Minn. Stat. Ann. § 550.37 subd. 12 - Manufactured home to an unlimited value
  • In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Mo. Rev. Stat. § 513.430 1.(6) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Mo. Rev. Stat. § 513.475 - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • In re Smith,, 254 B.R. 751 (W.D. Mo. 2000) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • In re Hurd, 441 BR 116 (BAP 8th Cir 2010) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Miss. Code Ann. § 85-3-1 (b)(i) - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Miss. Code Ann. § 85-3-21 - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Miss. Code Ann. § 85-3-23 - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • In re Cobbins, 234 B.R. 882 (S.D. Miss. 1999) - Mobile home does not qualify as homestead unless you own land on which it is located (see personal property)
  • Miss. Code Ann. § 85-3-27 - May file homestead declaration
  • Miss. Code Ann. § 85-3-31 - May file homestead declaration
  • Mont. Code Ann. § 70-32-105 - Must record homestead declaration before filing for bankruptcy
  • Mont. Code Ann. § 25-13-615 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-104 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-201 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-213 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-105 - Must record homestead declaration before filing for bankruptcy
  • N.C. Gen. Stat. § 1C-1601 (a)(1),(2) - Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property
  • In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • N.D. Cent. Code § 28-22-02 (7) - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
  • N.D. Cent. Code § 47-18-01 - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
  • N.D. Cent. Code § 47-18-04 (4) - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
  • Neb. Rev. Stat. § 25-1556 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. § 40-111 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. § 40-113 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. § 40-105 - May record homestead declaration
  • N.H. Rev. Stat. Ann. § 480:1 - Real property or manufactured housing (and the land it's on if you own it) to $120,000
  • Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - None, but survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
  • N.M. Stat. Ann. § 42-10-9 - $150,000 (joint owners may double). A surviving spouse may claim $300,000 if the owner's spouse died within two years prior to the date of claiming the exemption.
  • Nev. Rev. Stat. Ann. § 115.020 - Must record homestead declaration before filing for bankruptcy
  • In re Lennox, 58 B.R. 104 (D. Nev. 1986) - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 115.020 - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 115.005 - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 115.010 - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 21.090 (1)(m) - Real property or mobile home to $605,000 (husband & wife may not double)
  • In re Pearl, 723 F.2d 193 (2nd Cir. 1983) - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149.975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
  • N.Y. CPLR § 5206 (a) - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149.975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
  • In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Ohio Rev. Code Ann. § 2329.66 (A)(1)(b) - Real or personal property used as residence to $161,375.
  • 31 Okla. Stat. Ann. § 1 (A)(1) - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 31 Okla. Stat. Ann. § 1 (A)(2) - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 31 Okla. Stat. Ann. § 2 - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • Or. Rev. Stat. § 18.395 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
  • Or. Rev. Stat. § 18.402 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
  • Or. Rev. Stat. § 408.440 - Real property of a soldier or sailor during time of war
  • In re Wynn, 369 B.R. 605 (Bankr. D. Or 2007) - Homestead proceeds used for rent count as reinvestment within one year.
  • In re Pletz, 221 F.3d 1114 (9th Cir 2000) - Tenancy by entirety not exempt, but subject to survivorship rights of nondebtor spouse
  • In re Casserino, 379 F.3d 1069 (9th Cir. 2004) - Prepaid rent and security deposits for renter's dwelling
  • In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - None; however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • R.I. Gen. Laws § 9-26-4.1 - $500,000 in land & buildings you occupy or intend to occupy as a principal residence
  • S.C. Code Ann. § 15-41-30 (A)(1) - Real property, including co-op, to $67,100 (joint owners to $134,175)
  • S.D. Codified Laws Ann. § 43-31-1 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-2 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-3 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-4 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-5 - (Gold or silver mine, mill, or smelter not exempt)
  • S.D. Codified Laws Ann. § 43-31-13 - Spouse or child of deceased owner may claim homestead exemption
  • S.D. Codified Laws Ann. § 43-31-6 - May file homestead declaration
  • Tenn. Code Ann. § 26-2-301 - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • In re Arango, 136 B.R. 740 (Bankr.E.D.Tenn. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Arango, 992 F.2d 611 (6th Cir. 1993) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Arwood, 289 B.R. 889 (Bankr.E.D.Tenn. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Hogue, 286 S.W.3d 890 (S.Ct.Tenn 2009) - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Tenn. Code Ann. § 26-2-302 - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Tenn. Code Ann. § 26-2-303 - 2—15 year lease
  • Tenn. Code Ann. § 26-2-301 - Spouse or child of deceased owner may claim homestead exemption
  • Tex. Prop. Code Ann. § 41.023 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.021 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.022 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.005 (f) - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.003 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Prop. Code Ann. § 41.001 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Prop. Code Ann. § 41.002 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Const. Art. 16, §Â 50 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Const. Art. 16, §Â 51 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • 11 U.S.C. § 522 (d)(1), (d)(5) - Real property, including co-op or mobile home, or burial plot to $27,900; unused portion of homestead to $13,950 may be applied to any property
  • 25 U.S.C. § 410 - Indian lands or homestead sales or lease proceeds
  • Utah Code Ann. § 78B-5-503 (5)(b) - Sale proceeds exempt for 1 year
  • Utah Code Ann. § 78B-5-504 - Must file homestead declaration before attempted sale of home
  • Utah Code Ann. § 78B-5-503 (1),(2),(4) - Real property, mobile home, or water rights to $48,700 if primary residence; $5,800 if not primary residence (joint owners may double)
  • In re Williams, 104 F.3d 668 (4th Cir 1997) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Va. Code Ann. § 34-4 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • Cheeseman v.Nachman,, 656 F.2d 60 (4th Cir. 1981) - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • Va. Code Ann. § 34-18 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • Va. Code Ann. § 34-20 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • In re Hoss, 233 B.R. 684 (W.D. Va 1999) - May include mobile home.
  • Va. Code Ann. § 34-6 - Must file homestead declaration before filing for bankruptcy
  • In re Bunker, 312 f.3d 145 (4th Cir 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Va. Code Ann. § 64.2-311 - Surviving spouse may claim $15,000; if no surviving spouse, minor children may claim exemption
  • Vt. Stat. Ann. tit. 27, § 101 - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Vt. Stat. Ann. tit. 27, § 105 - Spouse of deceased owner may claim homestead exemption
  • D'Avignon v. Palmisano, 34 B.R. 796 (D. Vt. 1982) - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • In re Roberge, 307 B.R. 442 (Bankr. D. Vt. 2004) - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • Wash. Rev. Code Ann. § 6.13.040 - Must record homestead declaration before sale of home if property unimproved or home unoccupied
  • Wash. Rev. Code Ann. § 6.13.010 - Real property, manufactured home, or mobile home from to $172,900 to $729,600, depending on county (husband and wife may not double) (S.B. 5408 effective, signed May 12, 2021)
  • Wash. Rev. Code Ann. § 6.13.030 - Real property, manufactured home, or mobile home from to $172,900 to $729,600, depending on county (husband and wife may not double) (S.B. 5408 effective, signed May 12, 2021)
  • Wis. Stat. Ann. § 990.01 (14) - Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
  • Wis. Stat. Ann. § 815.20 - Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
  • W. Va. Code § 38-10-4 (a) - Real or personal property used as residence to $35,000; unused portion of homestead may be applied to any property (husband & wife may double)
  • Wyo. Stat. § 1-20-101 - Real property or mobile home you occupy to $100,000 (joint owners may double)
  • Wyo. Stat. § 1-20-102 - Real property or mobile home you occupy to $100,000 (joint owners may double)
  • Wyo. Stat. § 1-20-104 - Real property or mobile home you occupy to $100,000 (joint owners may double)
  • Wyo. Stat. § 1-20-103 - Spouse or child of deceased owner may claim homestead exemption