Ohio Bankruptcy Exemptions

The Ohio bankruptcy exemptions chart, see below, details the property you can exempt or protect from creditors when you file bankruptcy in Ohio. You may exempt any property that falls into one of the exemptions categories below, up to the dollar amount listed. You will be able to kept this exempted property after you file bankruptcy. Please note that there are certain debts which you will not be able to erase in bankruptcy. (see Non-dischargeable Debts)

An exemption limit applies to any equity you have in the property. Equity is the difference between the value of the property and what is owed on the property. For example, a car valued at $5000 with a loan of $4500 has an equity value of only $500.

If the property is secured by a loan, such as a car or home, and you are current on the payments and the equity is covered by your exemptions, you may elect to keep making payments on the loan and keep this property through the bankruptcy. If all the equity is not covered by your exemptions the trustee may elect to liquidate this asset and distribute the proceeds. Generally, in this case, you would be entitled to the value of your exemption in the asset as a cash payment.

Bankruptcy law allows married couples filing jointly to each claim a full set of exemptions, unless otherwise noted.

To keep non-exempt property, a debtor must generally pay the trustee the value of the non-exempt property.

When you file bankruptcy in Ohio you may also use certain federal exemptions in addition to your Ohio exemptions.

ASSET

EXEMPTION DESCRIPTION

LAW SECTION

Homestead

Real or personal property used as residence to $5000

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

2329.66(A) (1) (b)

In re Thomas, 14 B.R. 423

(N.D. Ohio 1981)

Insurance

Benevolent society benefits to $5000

Disability benefits to $600 per month

Fraternal benefit society benefits

Group life insurance policy or proceeds

Life, endowment or annuity contract avails for your spouse, child or dependent

Life insurance proceeds for a spouse

Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

2329.63, 2329.66(A) (6) (a)

2329.66(A) (6) (e), 3923.19

2329.66(A) (6) (d), 3921.18

2329.66(A) (6) ( c), 3917.05

2329.66(A) (6) (b), 3911.10

3911.12

3911.14

Miscellaneous

Alimony, child support needed for support

Property of business partnership

2329.66(A) (11)

1775.24, 2329.66(A) (14)

Pensions

ERISA-qualified benefits needed for support

Firefighters, police officers

Firefighters’ police officers’ death benefits

IRAs needed for support

Keoghs needed for support

Public employees

Public school employees

State highway patrol employees

Volunteer firefighters’ dependents

2329.66(A) (10) (b)

742.47

2329.66(A) (10) (a)

2329.66(A) (10) ( c)

2329.66(A) (10) ( c)

145.56

3307.71, 3309.66

5505.22

146.13

Personal Property

 

 

 

 

 

 

 

 

 

Note: Jewelry must be counted toward the $1500/$2000 totals

Animals, crops, books, musical instruments, appliances, household goods, furnishings, hunting & fishing equipment & firearms to $200 per item, $1500 total ($2000 if no homestead claimed)

Beds, bedding & clothing to $200 per item

Burial plot

Cash, money due within 90 days, bank & security deposits & tax refund to $400 total (spouse without income can’t exempt tax refund, In re Smith, 77 B.R. (N.D. Ohio 1987)

Cooking unit & refrigerator to $300 each

Health aids

Jewelry to $200 per item (1 item may be to $400)

Lost future earnings needed for support, received during 12 months before filing

Motor vehicle to $1000

Personal injury recoveries to $5000 (not to include pain & suffering), received during 12 months before filing

Wrongful death recoveries for person debtor depended on, needed for support, received during 12 months before filing

 

 

2329.66(A) (4) (b), (d)

2329.66(A) (3)

517.09, 2329.66(A) (3)

 

517.09, 2329.66(A) (8)

2329.66(A) (3)

2329.66(A) (7)

239.66(A) ( c), (d)

2329.66(A) (12) (d)

2329.66(A) (2) (b)

2329.66(A) (12) ( c)

2329.66(A) (12) (b)

Public Benefits

Crime victim’s compensation, received during 12 months before filing

General assistance payments

Tuition credit

Unemployment compensation

Vocational rehabilitation benefits

Workers’ compensation

2329.66(A) (12) (a), 2743.66

2329.66(A) (9) (e), 5113.03

2329.66(A) (16)

2329.66(A) (9) ( c), 4141.32

2329.66(A) (9) (a), 3304.19

2329.66(A) (9) (b), 4123.67

Tools of Trade

Implements, books & tools of trade to $750

Seal, official register of notary public

2329.66(A) (5)

2329.66(A) (15), 147.04

Wages

Minimum 75% of earned but unpaid wages due for 30 days; bankruptcy judge may authorize more for low-income debtors

2329.66(A) (13)

Wild Card

$400 of any property

2329.66(A) (17)

For more information on filing bankruptcy in Ohio explore Ohio Bankruptcy Law.