Oregon State Exemptions
Only State Exemptions Allowed
In the state of Oregon, you will not be able to use the federal exemption list. Only the state exemption list is allowed. You may be able to use certain supplemental federal exemptions and additional Oregon residency requirements may apply to use the state exemptions.
It is important to discuss all exemptions with an Oregon Bankruptcy Attorney prior to filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. The goal of the Oregon exemption list is to allow you to keep enough wages, public benefits, personal property, pensions and homestead exemptions to be able to start over after bankruptcy.
The following table will outline the Oregon State Exemptions. Many of your assets may not have a matching exemption.
|
Exemptions
|
Exemption Amount
|
Statutes
|
| Homestead |
Real property, mobile home or houseboat you occupy to $25,000 ($33,000 for joint owners); if you don’t own land mobile home is on, to $23,000 ($30,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home |
23.164, 23.240, 23.250 |
| Wages |
Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
Wages withheld in state employee’s bond savings accounts |
23.186
292.070 |
| Wild Card |
$400 of any personal property, however, can’t use to increase existing exemption
Husband and wife may double |
23.160(1) (o)
In re Wilson, 22 B.R. 146
(D. Or. 1983) |
| Tools of Trade |
Tools, library, team with food to last 60 days, to $3000 (husband and wife may double) |
23.160(1) ( c) |
| Public Benefits |
Aid to blind
Aid to disabled
Civil defense & disaster relief
Crime victims’ compensations (husband and wife may double)
General assistance
Injured inmates’ benefits
Medical assistance
Old-age assistance
Unemployment compensation
Vocational rehabilitation
Workers’ compensation |
412.115
412.610
401.405
23.160(1) (j) (A), 147.325
411.760
655.530
414.095
413.130
657.855
344.580
656.234 |
| Personal Property |
Bank deposits to $7500; cash for sold exempt property
Books, pictures & musical instruments to $600 total (husband and wife may double)
Burial plot
Clothing, jewelry & other personal items to $1800 total (husband and wife may double)
Domestic animals, poultry with food to last 60 days to $1000
Food & fuel to last 60 days if debtor is householder
Furniture, household items, utensils, radios & TVs to $3000 total
Health aids
Lost earnings payments for debtor or someone debtor depended on, to extent needed (husband & wife may double)
Motor vehicle to $1700 (husband and wife may double)
Personal injury recoveries to $10,000, not to include pain & suffering ( husband and wife may double)
Pistol, rifle or shotgun if owned by person over 16, to $1000
Earned income tax credits
|
23.166
23.160(1) (a)
65.870
23.160(1) (b)
23.160(1) (e)
23.160(1) (f)
23.160(1) (f)
23.160(1) (h)
23.160(1) (l)
23.160(1) (d)
23.160(1) (k)
23.200
23.160(1)(n) |
| Miscellaneous |
Alimony, child support needed for support
Liquor licenses
Property of business partnership |
23.160(1) (i)
471.301(1)
68.420 |
| Pensions |
ERISA-qualified benefits
Public officers, employees
School district employees |
23.170
237.980
239.261 |
| Insurance |
Annuity contract benefits to $500 per month
Fraternal benefit society benefits
Group life policy or proceeds not payable to insured
Health or disability proceeds or avails
Life insurance proceeds or cash value if you are not the insured |
743.049
748.207
743.047
743.050
743.046 |