Federal exemptions (§ 522(d))
§ 522(d) lists federal bankruptcy exemptions that cover homestead interests, motor vehicles, household goods, tools of the trade, certain retirement accounts, insurance proceeds, and others. The dollar amounts are adjusted every three years under § 104. Current figures are published in the Federal Register and on the US Trustee Program website.
State opt-out states
§ 522(b)(2) permits a state to bar its domiciliaries from claiming the federal exemptions. A majority of US states have exercised this opt-out. In opt-out states, debtors must use the state exemption scheme plus certain federal non-bankruptcy exemptions (e.g., ERISA-qualified retirement-plan protections and certain federal benefits).
In opt-in states, debtors may choose between the federal exemption scheme (§ 522(d)) and the state exemption scheme — the choice is typically made between spouses in joint cases (both must pick the same scheme).
Domicile determination
§ 522(b)(3)(A) identifies the applicable state whose exemption law a debtor must use. The rule is: the state in which the debtor's domicile was located for the 730 days immediately preceding filing, or — if the debtor did not continuously reside in a single state for that period — the state in which the debtor's domicile was located for the majority of the 180 days immediately preceding the 730-day period.
Homestead exemptions
Homestead exemptions vary more than any other category. Federal § 522(d)(1) currently protects a fixed dollar amount of equity in a principal residence. State homesteads range from under $10,000 to unlimited in some states. § 522(p) imposes a cap on state homestead amounts when the debtor acquired the property within 1,215 days of filing.
Retirement account protections
§ 522(b)(3)(C) and § 522(d)(12) protect most tax-qualified retirement accounts. ERISA-qualified employer retirement plans are excluded from the estate altogether under Patterson v. Shumate, 504 U.S. 753 (1992). IRAs are protected up to a specific statutory cap under § 522(n), with inflation adjustments.
Finding state-specific amounts
State exemption statutes and amounts are updated legislatively and change frequently. The most reliable source is the relevant state's codified statutes. The Open Bankruptcy Project indexes federal bankruptcy filings by district on the national district index; state-by-state exemption details are at bankruptcyexemptionsbystate.com.
Related resources
Chapter 7 vs Chapter 13
Why exemptions matter differently in each chapter.
Pro se filing
Exemption claims are a common pitfall for pro se filers.
District case index
Filing volume by state — useful for understanding state-specific filing patterns.
Frequently asked questions
Can I use federal bankruptcy exemptions?
§ 522(b)(2) permits states to bar their domiciliaries from claiming the federal § 522(d) exemptions. A majority of states have opted out. In opt-out states, debtors must use the state exemption scheme plus certain federal non-bankruptcy exemptions.
Which state's exemptions apply if I recently moved?
§ 522(b)(3)(A) provides the rule: the state of domicile for the 730 days immediately before filing, or — if the debtor did not continuously reside in a single state for that period — the state of domicile for the majority of the 180 days preceding the 730-day period.
Are retirement accounts protected in bankruptcy?
ERISA-qualified employer retirement plans are excluded from the bankruptcy estate under Patterson v. Shumate, 504 U.S. 753 (1992). Most IRAs are protected under § 522(b)(3)(C) and § 522(d)(12), with a specific cap for non-rollover IRAs under § 522(n).
How do homestead exemptions work?
Homestead exemptions protect equity in a principal residence and vary widely by state. § 522(p) caps state homestead amounts when the home was acquired within 1,215 days of filing. Federal § 522(d)(1) protects a fixed dollar amount subject to periodic adjustment.