Texas Bankruptcy Exemptions State & Federal

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Exemption property is property that your creditors are not allowed to take from you and sell it to pay off your debts. this is an ancient concept to look to the estate of the debtor instead of the body and the family.  Texas allows you to choose in bankruptcy between which set of exemptions you would be most benefited.  If you do not file bankruptcy, then you would only be able to use the Texas exemptions.  Through the list of Texas bankruptcy exemptions and federal bankruptcy exemptions, you can see how the assets protected under Texas State and federal bankruptcy laws differ. Not sure which asset exemptions to take? Discuss your legal options with our bankruptcy attorney in Houston, Texas.

ASSET
EXEMPTION DESCRIPTION
LAW SECTION
Homestead
Unlimited; property cannot exceed 10 acre in town, village, city or 100 acres (200 acres for families) elsewhere; sale proceeds exempt for 6 months after sale
Property 41.001, 41.002
Personal Property
Athletic and sporting equipment, including bicycles; 2 firearms; home furnishings, including family heirlooms; food; clothing; jewelry (not to exceed 25% of total exemption); 1 two-, three- or four wheeled motor vehicle per member of family or single adult who holds a driver’s license (or who operates vehicle for someone else who does not have a license); 2 horses, mules or donkeys and a saddle, blanket and bridle for each; 12 head of cattle; 60 head of other types of livestock; 120 fowl; and pets to $30,000 total ($60,000 for head of family)
Burial plots Health aids
Property 42.001, 42.002
Property 41.001
Property 42.001(b) (2)
Insurance
Church benefit plan benefits
1407a-6
Fraternal benefit society benefits
885.316
Life, health, accident or annuity benefits or monies, including policy proceeds and cash values to be paid or rendered to beneficiary or insured
Insurance 21.22
Life insurance present value if beneficiary is debtor or debtor’s dependent (see note under personal property) Property 42.002(a) (12)
Retired public school employees group insurance Insurance 3.50-4(11) (a)
Texas employee uniform group insurance 3.50-4(11),1575.006
Texas state college or university employee benefits 1551.011 Insurance 3.50-3(9) (a)
Pensions County & district employees Government 811.005
ERISA-qualified government or church benefits, including Keoghs and IRAs Government 811.005
Firefighters Property 42.0021
IRAs to extent tax-deferred Government 811.005
Judges 1407a-6
Keoghs to extent tax-deferred Government 811.005
Law enforcement officers’ survivors Property 42.0021
Municipal employees 6228f(8)
Police officers 6243g, Government
Retirement benefits to extent tax-deferred 811.005
State employees 6243d-1(17), 6243j(20),6243g-1(23B)
Teachers 6243d-1(17), 6243j(20),
6243g-1(23B)
Property 42.0021
Government 811.005
Public Benefits Crime victims’ award
Public Benefits Crime victims’ award Hum. Res. 32.036
Medical assistance Hum. Res. 31.040
Public assistance 8308-4.07
Unemployment compensation
Workers’ compensation
5221b-13
Tools of Trade Crime victims’ award
Medical assistance
Public assistance
Unemployment compensation
Workers’ compensation
Property 42.002(a) (3)
Property 42.002(a) (4)
Wages Earned but unpaid wages
Unpaid commissions to 75% (see personal property)
EXEMPTION DESCRIPTION LAW SECTION
Retirement Benefits CIA Employees 50 & 403
Foreign service employees 5 & 8346
Military honor roll pensions 38 & 562
Military service employees 10 & 1440
Railroad workers 45 & 23lm
Social Security 42 & 407
Veterans’ benefits 38 & 3101
Veterans’medal of honor benefits 38 & 562
Survivor’s benefits Judges, US scourt directors, judicial center directiors, supereme court chief justice administrators 28 & 376
Lighthouse workers 33 & 775
Military Service 10 & 1450
Death and Disability Benefits Government employees 5 & 8130
Longshoreman and harbor workers 38 & 3101
War risk hazard death or injury compensation 42 & 1717
Miscellaneous Klamath Indian tribe benefits for Indians resideing in Oregon 25 & 543, 25 & 545
Military deposits in savings accounts while on permanent duty outside continental U.S. 10 & 1035
Military group life insurance 38 & 770(g)
Railroad workers’ unemployment insurance 45 & 352(e)
Seaman’s clothing 46 & 1110
Seaman’s wages (while at sea) pursuant to a written contract 46 & 1111
75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debetors 15
FEDERAL EXEMPTIONS
Married Couples Filing Jointly May Double All Exemptions
All references are to 11 USC & 522
ASSET EXEMPTION DESCRIPTION LAW SECTION
Homestead Real property, including co-op or mobile home, to $21,625; unused portion of homestead to $10,825 may be applied to any property (d)(1)
Insurance Disability, illness or unemployment benefits Life insurance payments for persons who depend on debtor, needed for support Life insurance policy with loan value, in accrued dividends or interest, to $11,525 Unmatured life insurance contract, except credit insurance policy (d)(10)(C)(d)11)(C)(d)(8)
(d)(7)
MISC. Alimony, child support needed for support (d)(10(D)
PENSIONS ERISA-qualified benefits needed for support (d)(10)(E)
PERSONAL PROPERTY Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $550 per item, for a total of  $11,525; Jewelry up to $1,450;  Motor vehicle to $3,450; Personal injury recoveries to $21,625 (not to include pain and suffering or pecuniary loss)Wrongful death recoveries for person debtor depended on (d)(3)
(d)(9)(d)(4)(d)(11)(E)(d)(2)
(d)(11)(D)(d)(11)(B)
PUBLIC BENEFITS Crime victims’ compensation Public assistance Social Security Unemployment compensation Veterans’ benefits (d)(11)(A)(d)(10)(A)(d)(10)(A)(d)(10)(A)(d)(10)(A)
TOOLS OF THE TRADE Implements, books & tools of trade to $2,175 (d)(6)
WAGES NONE
WILD CARD $1,150 of any property Up to $10,825 of unused homestead exemption, for any property