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Indiana State Exemption List

Only State Exemptions Allowed

In the state of Indiana you can only use the State of Indiana Bankruptcy Exemption List. You can not use the federal bankruptcy exemption list. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your Indiana Bankruptcy Attorney.

Indiana has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Indiana. There may be certain residency requirements to use the State of Indiana Bankruptcy Exemption List.

The following table will outline the Indiana Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption.

Exemptions Exemption Amount Statutes

Homestead

Real or personal property used as residence to $7,500 (homestead plus personal property, except health aids can not exceed $10,000)

34-55-10-2(b)(1)

34-55-10-2(c)
  Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse 34-55-10-2(b)(5)
Public Benefits Crime victims’ compensation unless seeking to discharge debt for treatment of injury incurred during the crime 12-18-6-36
  Unemployment compensation 22-4-33-3
  Workers’ compensation 22-3-2-17
Tools of Trade National guard uniforms, arms and equipment 10-2-6-3
Wages Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors 24-4.5-5-105
Wild Card $4,000 of any real estate or tangible personal property 34-55-10-2(b)(2)
Pensions Firefighters 36-8-7-22, 36-8-8-17
  Police officers (only benefits building up) 10-1-2-9, 36-8-8-17
  Public employees 5-10.3-8-9
  Public or private retirement benefits 34-2-28-1 (a)(6)
  Sheriffs (only benefits building up) 36-8-10-19
  State teachers 21-6.1-5-17
Personal Property
Health aids 34-2-28-1 (a)(4)
  $100 on any intangible personal property, except money owed to you 34-2-28-1 (a)(3)
Miscellaneous Property of business partnership 23-4-1-25
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