Oregon Bankruptcy Exemptions

When you file, the Oregon bankruptcy exemptions will let you keep what you need to work and live. Bankruptcy exemptions protect property essential to a fresh start, but not unnecessary luxury goods. To prevent a costly property loss, you'll want to understand the exemptions available under Oregon law, what happens to property you can't protect with an exemption, and how long you must live in Oregon before using Oregon bankruptcy exemptions.

Using Exemptions When Filing for Bankruptcy in Oregon

Oregon filers are fortunate because they have two exemption choices: the state or the federal bankruptcy exemptions. You'll want to review each list carefully and compare it to the property you own because you can't use exemptions from both lists. If you decide to use Oregon's state exemptions, you can also use the federal nonbankruptcy exemptions.

Choosing an Exemption List in an Oregon Bankruptcy

To help you make an informed choice, we've charted the Oregon and federal exemption sets. You'll also find Oregon and federal exemption links you can use to review the exemption statutes.

Exemption Caution: State exemption amounts are not updated in real time and should not be relied upon without verification through independent research or consultation with a local bankruptcy lawyer. Some exemption amounts may be higher than shown here, and the law may have changed. Verify current figures through the Oregon Revised Statutes or by consulting a local bankruptcy attorney.

Other Oregon Bankruptcy Exemptions

Below, you'll find more Oregon exemptions. However, it's not an exhaustive list. As with all laws, exemption laws can change. Check for current amounts and read the statute for qualification requirements (we haven't included them here).

Oregon Public Benefit Exemptions

• 18.345(1)(j); 147.325 – Crime victims' compensation.
• 18.345(1)(n) – Federal earned income tax credit.
• 18.348; 411.760 – General assistance to $7,500.
• 18.348; 344.580 – Vocational rehabilitation to $7,500.
• 18.348(2); 411.760; 414.095 – Public assistance grants to $7,500.
• 18.348; 414.095 – Medical assistance to $7,500.
• 18.348(2); 407.125; 407.595 – Veterans' benefits and proceeds of veterans' loans.
• 18.348; 655.530 – Injured inmates' benefits to $7,500.
• 18.348; 656.234 – Workers' compensation to $7,500.
• 18.348; 657.855 – Unemployment compensation to $7,500.

Oregon Insurance Exemptions

• 732.240; 743.046 – Life insurance proceeds or cash value if you are not the insured.
• 743.047 – Group life policy or proceeds not payable to the insured.
• 743.049 – Annuity contract benefits to $500 per month.
• 743.050 – Health or disability proceeds or avails.
• 748.207; 18.348 – Fraternal benefit society benefits to $7,500.

Oregon Wage and Income Exemptions

• 18.345(1)(i) – Alimony and child support needed for support.
• 18.345(1)(l) – Compensation for lost earnings payments for debtor or someone debtor depended on, to the extent needed.
• 18.345(1)(k) – Personal injury recoveries to $10,000.
• 18.385 – 75% of disposable wages or variable minimum amount.
• 292.070 – Wages withheld in a state employee's bond savings account.

Retirement Accounts in Oregon

Most tax-exempt pensions and retirement accounts are exempt because federal law allows filers to keep them tax-exempt in bankruptcy. These retirement accounts include 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans and traditional and Roth IRAs to $1,711,975 per person. (11 U.S.C. § 522(b)(3)(C), (n); amount valid for bankruptcy cases filed between April 1, 2025, and March 31, 2028; current amounts are found in the Federal Register.)

Oregon also exempts ERISA-qualified retirement benefits (including IRAs and SEPs) and public employee pension payments to $7,500 when deposited in a bank account, and annuity contract benefits to $500 per month. (Or. Rev. Stat. §§ 18.358; 18.348; 237.980; 238.445; 743.049.)

Miscellaneous Oregon Exemptions

• 471.292(1) – Liquor licenses.
• 67.190 – Partnership property.
• 42 U.S.C. § 407 – Social Security benefits.
• 33 U.S.C. § 916 – Longshoremen's and Harbor Workers' Compensation.

How to Verify Available Exemptions in Oregon

Almost everyone who files for bankruptcy benefits from meeting with a bankruptcy lawyer. A local bankruptcy attorney will ensure a smooth and uneventful bankruptcy by complying with filing requirements and helping you protect all possible property.

What Are the Oregon Bankruptcy Exemption Timing Rules?

It's tempting to move to a state with significantly more generous bankruptcy exemptions when filing for bankruptcy. But it doesn't work that way. To prevent people from abusing the system, filers must live in the state for at least two years. Otherwise, they must use the previous state's exemptions. Here's how it works.

• If you've made your permanent home (your "domicile") in your current state for at least two years, you can use the state's exemptions (or the federal exemptions if allowed).
• If your domicile hasn't been in the same state for two years, the rules get more complicated, so prepare yourself. It sounds so strange, we'll explain it in three different ways so that you know you didn't read it wrong. Here goes: You'll choose the state you lived in the longest during the 180 days immediately before the two years before filing. (11 U.S.C. § 522(b)(3)(A).)

Did you get that? If not, here's a way to figure it out. Count back two-and-a-half years. Then ask yourself where you lived the longest during the first six months of that two-and-a-half-year period.

Still confused? Let's try an example. Suppose you planned to file on January 1, 2025. Your two-and-a-half-year period would start July 1, 2022, and you'd qualify to use the exemptions of whichever state you resided in the most from July 1, 2022, through December 31, 2022. You wouldn't have to file your case there, but you'd use that state's exemptions. Hopefully, that helps!

Special Homestead Exemption Rules

The homestead exemption protects your ownership interest in your home. You'll need to read your state's homestead statute to determine the specifics, such as the amount of equity and acreage covered, whether the exemption protects a manufactured home, and if you need to file a homestead declaration with the county clerk. But in all states, the property must be your residence.

To claim Oregon's full homestead exemption, you must have purchased and owned the property for at least 1,215 days before the bankruptcy filing. If you can't meet this requirement, your homestead exemption is capped by federal law at $214,000 for cases filed between April 1, 2025, and March 31, 2028. (11 U.S.C. § 522(p).)

Proceeds from the sale of the homestead. Sale proceeds may be exempt for up to one year if you intend to purchase another home or use the proceeds for rent. Up to $40,000 ($50,000 for joint filers) may be protected. (Or. Rev. Stat. §§ 18.395, 18.402.)

Tenancy by entirety. Oregon does not recognize tenancy by entirety as a bankruptcy exemption, but the nondebtor spouse retains survivorship rights in the property. In re Pletz, 225 B.R. 206 (D. Or. 1997). These are tricky areas of law—talk with a local bankruptcy attorney before filing to ensure you don't lose valuable property.

What Happens to Property You Can't Exempt in an Oregon Bankruptcy?

It will depend on the chapter you file. In Chapter 7 bankruptcy, you lose property not covered by an exemption. The bankruptcy trustee responsible for managing your case will sell the property for the benefit of your creditors.

In Chapter 13 bankruptcy, you can keep all your property. However, that luxury comes at a price. You'll pay your creditors the value of any property not covered by an exemption in your Chapter 13 repayment plan.

For example, say you own a car outright worth $3,000, and your state has a vehicle exemption of up to $5,000. Here's what would happen in each chapter.

• Chapter 7 Bankruptcy. If you file for Chapter 7 bankruptcy, you will get to keep your car because the exemption would protect the equity fully. In the same example, if your vehicle were worth $15,000, the bankruptcy trustee would sell your vehicle, pay you $5,000 for the exemption, and distribute the rest to your unsecured creditors.
• Chapter 13 Bankruptcy. In Chapter 13, you wouldn't need to pay extra to your creditors through your repayment plan. However, if the car were worth $15,000, you'd need to pay your creditors at least $10,000 (minus sales costs) through your plan.

Keep in mind that these examples don't take into account a vehicle loan. You'll find more information about protecting financed homes and cars in an Oregon bankruptcy below.

How Do You Protect a Financed Home or Car in an Oregon Bankruptcy?

Many wonder if they can wipe out a home mortgage or car loan and keep the property without paying for it. The simple answer is "No." If you still owe a balance on your mortgage or car loan, you must pay as agreed to prevent the lender from foreclosing or repossessing the property.

Why? Because when you purchased it, you gave the lender a property "lien." The lien created a secured debt, allowing the lender to take back the property if you don't pay as agreed, even in bankruptcy.

Protecting Financed Property in Chapter 7 Bankruptcy

Chapter 7 doesn't have a mechanism that will allow you to catch up on a mortgage or car payment over time. So, the mortgage or car payment must be current. You'll lose the property if you're behind on the payment and file for Chapter 7.

The lender will ask the bankruptcy court to allow the lender to proceed with foreclosure or repossession during the bankruptcy or wait until Chapter 7 ends.

A few more vehicle protection options exist in Chapter 7. Learn more about how to file for bankruptcy without losing a car.

Protecting Financed Property in Chapter 13 Bankruptcy

You don't lose property in Chapter 13. However, before the bankruptcy judge approves or "confirms" your plan, you must prove you earn enough to make the monthly payment and pay the late payments by the end of the three- to five-year plan.

Some filers can pay less on financed property if they qualify to reduce an auto loan to the car's value or strip a junior mortgage, credit line, or lien from a home. Learn more about catching up on arrearages in Chapter 13 and how mortgages work in bankruptcy.