Boring Details

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Bankruptcy exemptions

with 3 comments

11 U.S.C. sec. 522(d) provides the following exemptions:

(d) The following property may be exempted under subsection (b)(1) of this section:

  • (1) The debtor’s aggregate interest, not to exceed $15,000 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor.
  • (2) The debtor’s interest, not to exceed $2,400 in value, in one motor vehicle.
  • (3) The debtor’s interest, not to exceed $400 in value in any particular item or $8,000 in aggregate value, in household furnishings, household goods, wearing apparel, appliances, books,animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.
  • (4) The debtor’s aggregate interest, not to exceed $1,000 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.
  • (5) The debtor’s aggregate interest in any property, not to exceed in value $800 plus up to $7,500 of any unused amount of the exemption provided under paragraph (1) of this subsection.
  • (6) The debtor’s aggregate interest, not to exceed $1,500 in value, in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor.
  • (7) Any unmatured life insurance contract owned by the debtor,other than a credit life insurance contract.
  • (8) The debtor’s aggregate interest, not to exceed in value$8,000 less any amount of property of the estate transferred in the manner specified in section 542(d) of this title, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.
  • (9) Professionally prescribed health aids for the debtor or a dependent of the debtor.
  • (10) The debtor’s right to receive –
    • (A) a social security benefit, unemployment compensation, or a local public assistance benefit;
    • (B) a veterans’ benefit;
    • (C) a disability, illness, or unemployment benefit;
    • (D) alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
    • (E) a payment under a stock bonus, pension, profit sharing,annuity, or similar plan or contract on account of illness,disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless –
      • (i) such plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor’s rights under such plan or contract arose;
      • (ii) such payment is on account of age or length of service; and
      • (iii) such plan or contract does not qualify under section401(a), 403(a), 403(b), or 408 of the Internal Revenue Code of 1986.
  • (11) The debtor’s right to receive, or property that is traceable to –
    • (A) an award under a crime victim’s reparation law;
    • (B) a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
    • (C) a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual’s death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
    • (D) a payment, not to exceed $15,000, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or
    • (E) a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
–oOo–

“An estate in bankruptcy consists of all the interests in property, legal and equitable, possessed by the debtor at the time of filing, as well as those interests recovered or recoverable through transfer and lien avoidance provisions. An exemption is an interest withdrawn from the estate (and hence from the creditors) for the benefit of the debtor. Section 522 determines what property a debtor may exempt. Under 522(b), he must select between a list of federal exemptions (set forth in 522(d)) and the exemptions provided by his State, “unless the State law that is applicable to the debtor . . . specifically does not so authorize,” 11 U.S.C. 522(b)(1) — that is, unless the State “opts out” of the federal list. If a State opts out, then its debtors are limited to the exemptions provided by state law. Nothing in subsection (b) (or elsewhere in the Code) limits a State’s power to restrict the scope of its exemptions; indeed, it could theoretically accord no exemptions at all.”

Owen v. Owen, 500 U.S. 305 (1991)

Written by Tom Fox

February 21, 2009 at 6:56 pm

3 Responses

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  1. [...] Flourishing In C.. WL Homes Files for Bankruptcy in Delaware « netDockets Corporate Rest.. Bankruptcy exemptions « Boring Details California State Bankruptcy Looms « ShaHao Breaking: Morning Journal Parent Files For [...]

  2. [...] New York Filed under: Debt collection, Legal — tomwfox @ 4:14 am Under the alternative exemption provisions of the Bankruptcy Act (11 U.S.C. §522(d)), and under the laws of many states, various subsistence stipends are [...]

  3. Is stock and interest in an incorporated business exempt under this section at all? Can shares of stock valued at say, $3,000 qualify for the exemption under 11 USC 522 (d)(5)?

    Miami02

    March 8, 2010 at 9:14 am


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