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Exemptions in Bankruptcy
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Licenses and Permits
Professional licenses and permits are often considered personal assets and are not exempt but are also not easily liquidated in bankruptcy.
Education Savings
Education savings accounts, like 529 plans, may be exempt from bankruptcy up to a certain amount and with certain conditions, such as length of time the account has been open.
Crime Victims Reparations
Compensation received as reparations for being a crime victim is usually exempt.
Art and Collectibles
Art and collectibles are generally not exempt unless they qualify under a specific personal property exemption or wildcard exemption.
Homestead Exemption
The homestead exemption protects a certain amount of equity in the debtor's primary residence. The exempted amount varies by state.
Public Benefits
Public benefit payments such as Social Security, unemployment, and disability benefits are typically fully exempt from bankruptcy proceedings.
Life Insurance Proceeds
Proceeds from life insurance policies can be exempt to the extent needed for the support of the debtor and dependents, for policies with a cash surrender value.
Household Appliances
Appliances used personally by the debtor in their household are generally exempt to a certain limit, which varies by state.
Trade Debt
Trade debt owed to the debtor by others is considered an asset and is generally not exempt unless it qualifies under a wildcard exemption.
Wrongful Death Compensation
If the individual was financially dependent on the deceased, wrongful death compensation is typically exempt to the extent necessary for support.
Personal Property Exemption
Debtors may exempt personal property such as furniture, clothing, and jewelry up to a specific value. Lists of exempt items and their limits differ by state.
Insurance Policies
Certain insurance policies, such as life insurance or disability benefits, may be exempt, often up to a certain value or amount.
Livestock and Crops
Livestock and crops may be exempt if essential to the debtor's farming operation and if they meet state-specified limits under tools of trade or other applicable exemptions.
Intellectual Property
Intellectual property, like patents and copyrights, is usually considered non-exempt unless it falls under a wildcard or a miscellaneous exemption.
Farming Equipment
Equipment used in the operation of a farm may be exempt under tools of trade exemptions, subject to the specific limits set by individual states.
Tools of the Trade Exemption
Protects tools, books, and equipment necessary for the debtor's profession. The exemption is generally limited to a certain value and can vary by state.
Personal Injury Compensation
Compensation for personal injury is usually exempt, though there may be a limit on the exemption amount and it usually doesn't cover pain and suffering or punitive damages.
Cash and Bank Accounts
Cash on hand and in bank accounts is typically not exempt; however, some states may allow a small exemption for 'wildcard' or specific low-value accounts.
Vehicle Exemption
Typically allows the debtor to exempt a certain amount of equity in one vehicle. The amount and conditions can vary based on state law.
Pension and Retirement Accounts
Most state and federal laws exempt tax-exempt retirement accounts, such as 401(k)s and IRAs, up to a certain limit.
Domestic Maintenance
Amounts reasonably needed for the debtor's support and any dependent maintenance can be exempt.
Stocks and Bonds
Generally, stocks and bonds are not exempt; however, some retirement accounts containing stocks and bonds may be exempt.
Wildcard Exemption
This exemption can be applied to any property. The amount is usually fixed and can vary widely by state, with some states not offering a wildcard exemption at all.
Buildings and Fixtures
Real property such as buildings and fixtures may be exempt if they qualify under the homestead or other real property exemptions, with limits varying by state.
Alimony and Child Support
Alimony and child support payments that are reasonably necessary for the support of the debtor and any dependents are often exempt.
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