Updated By Kathleen Michon
The federal nonbankruptcy exemptions are a list of exemptions available to bankruptcy filers using their state exemptions.
In Chapter 7 bankruptcy, exemptions determine what property you get to keep. In Chapter 13 bankruptcy, exemptions help determine how much you must pay to certain creditors through your Chapter 13 repayment plan. All states have a set of exemptions that you may use. Some states allow to use a list of federal bankruptcy exemptions instead. To learn more about bankruptcy exemptions and to find a link to each state's exemptions, see Bankruptcy Exemptions -- What Do I Keep When I File for Bankruptcy?
If you select your state's bankruptcy exemptions (in many cases, that is your only option), you may also use a set of additional exemptions called the federal nonbankruptcy exemptions. These exemptions are in addition to the exemptions available in your state system. However, you cannot use the federal nonbankruptcy exemptions if you choose to use the Federal Bankruptcy Exemptions.
Current Amounts for Federal Nonbankruptcy Exemptions
If you are married and filing jointly, you may double all of the federal bankruptcy exemptions. For example, you may claim a homestead exemption of $43,250 (which is double the listed homestead exemption amount of $21,625).
If a dollar amount does not accompany a listed piece of property, the entire value of the property is exempt.
All code references are to 11 U.S.C. (Title 11 of the United States Code).
These amounts are updated as of June, 2011. Because exemption amounts may change from time to time, consider cross-checking this list with www.legalconsumer.com, which updates the state exemption amounts regularly, or check with your local bankruptcy court.
Retirement Benefits
5 USC § 8346 - Civil Service employees.
22 USC § 4060 - Foreign service employees.
10 USC § 1440 - Military service employees.
45 USC § 231m - Railroad workers.
42 USC § 407 - Social Security benefits.
38 USC § 3101 - Veteran's benefits.
50 USC § 403 - CIA employees.
38 USC § 1562(c) - Military Medal of Honor Roll pensions.
Survivor's Benefits
10 USC § 1450 - Military service.
28 USC § 376 - Judges, U.S. court directors, judicial center directors, and U.S. Supreme Court Chief Justice's administrative assistants.
33 USC. §775 - Lighthouse workers.
Death and Disability Benefits
5 USC § 8130 - Government employees.
33 USC § 916 - Longshoremen, harbor workers.
42 USC § 1717 - War, risk, hazard, death, or injury compensation.
Misc.
10 USC § 1035 - Military deposits to savings accounts (while on permanent duty outside the U.S.).
15 USC § 1673 - 75% of earned but unpaid wages or 30 times the federal minimum hourly wage; the greater of these two. (Judge may approve more.)
25 USC § 410 - Indian lands or homestead sales or lease proceeds.
25 USC §§ 543 & 545 - Klamath Indian tribe benefits for those living in Oregon; agricultural or grazing lands to $5,000.
38 USC § 1970(g) - Military group life insurance
45 USC § 352(e) - Railroad workers' unemployment
46 USC § 11110 - Seamen's clothing
46 USC § 11111 - Debts of a seaman incurred while on a voyage
46 USC § 11109 - Seamen's wages (except for spousal or child support)
38 USC §1970(g) - Life insurance benefits for serviceman's Group Life Insurance or Veteran's Group Life Insurance
