Federal "non-bankruptcy" exemptions are available only  if you are using state law exemptions

You are entitled to use so-called federal "non-bankruptcy" exemptions in addition to your state law exemptions, only if you are using state law exemptions.

"Non-bankruptcy" exemptions are those exemption provisions of U.S. law that are NOT part of the bankruptcy code section section 11 U.S.C. 522(d) list of exemptions.

The four most significant non-bankruptcy exemptions are for

• Wages (a general cap on what percentage of your wages can be garnished),
• Social Security benefits,
• Civil Service benefits,
• Veterans Benefits

Other so called "non-bankruptcy" exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially-regulated labor markets such as railroad workers, seamen, and longshoremen.

What Other FEDERAL Non-Bankruptcy Exemptions Can A Debtor Use — (if They are Using their State exemptions")?

Debtors electing to use their state exemptions can use the following "non-bankruptcy" federal exemptions.

Note: These exemptions are NOT available if you are using the "federal Bankruptcy exemptions under section 522(d).

• 75% of earned but unpaid wages – 15 USC 1673

• CIA employees. U.S.C. 50 § 403

• Civil Service retirement benefits. 5 U.S.C.A. § 8346; 5 U.S.C. §§ 729 and 2265 

• Crop Insurance proceeds. 7 U.S.C. 1509

• Debt Collection Improvement Act of 1996. 31 U.S.C.A. § 3716.

• FEMA benefits 44 CFR s 206.110(g) 

• Benefits, annuities, or payments to survivors of foreign service employees. 22 U.S.C.A. §4060(c).

• GAO Service Annuity. 31 U.S.C. 776.

• Federal homestead lands on debts contracted before issuance of the patent. 43  U.S.C. 175.

• Indian tribe exemptions. 25 U.S.C.A. § 410.

• Annuities paid to survivors of a Justice or judge of the United States, a Director of the Administrative Office of the United States Courts, a Director of the Federal Judicial Center, or an administrative assistant to the Chief Justice of the United States.28U.S.C.A.§ 376(n)

• Klamath Indians Tribe – Oregon. U.S.C. 25 § 543, 25 § 545.

• Benefits for surviving spouses of Lighthouse Service personnel. 33 U.S.C.A. §775. 

• Death and disability benefits paid pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act. 33 U.S.C.A. § 916.

• Special pensions awarded to persons on the Army, Navy, Air Force and Coast Guard Medal of Honor roll. 38 U.S.C.A. § 1562(c).

• Military survivor annuities paid pursuant to the Survivor Benefits Plan. 10 U.S.C.A.§1450(i).

• Public Safety Officer Death Benefits. 42 U.S.C. § 3796

• Railroad Retirement Act annuities and pensions. 45 U.S.C.A. § 231m.

• Railroad workers’ unemployment insurance benefits. 45 U.S.C.A. § 352(e).

• Wages of fishermen, seamen, and apprentices. 46 U.S.C. 601; 46 U.S.C.A. §11109(a).

• Benefits due or to become due under servicemen’s groups life insurance or veteran’s group life insurance. 38 U.S.C.A. § 1970(g) and 38 U.S.C. § 770(g).

• Social security benefits. 42 U.S.C.A. § 407. See also 42 U.S.C. § 659.

• Student Loan Proceeds 20 U.S.C. 1095a(d)

• Exempt benefits available under Supplemental Security insurance. 42 U.S.C. §1383. 

• Annuities paid to members of the armed services, based on retirement or retainer pay. 10 U.S.C.A. § 1440.

• United States service member’s deposits in a savings institution while the depositor is on permanent duty outside of the United States. 10 U.S.C.A. § 1035(d). 

• Veterans’ benefits. 38 U.S.C.A. § 5301(a).

• Social Security Disability Benefits. 42 U.S.C. § 407.

• War Compensation – Hazard, Death, Injury. U.S.C. 42 § 1717. 

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