Washington State Exemption List
State or Federal Exemptions Allowed
In the state of Washington you may choose either the state of Washington bankruptcy exemption list or the federal bankruptcy list. If you choose the Washington bankruptcy list, there may be certain federal supplemental exemptions you can use too. All exemptions should be discussed with your Washington Bankruptcy Attorney.
Washington has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Washington. There may be certain residency requirements to use the Washington state exemption list.
The following table will outline the Washington Bankruptcy Exemptions. Many of your assets may not have a matching exemption.
Exemptions
|
Exemption Amount
|
Statutes
|
Homestead |
Real property or mobile home to $40,000 ( no limit if seeking to discharge debt based on failure to pay a state income tax assessed on retirement benefits received while a resident of Washington, 6.15.030)
Must file homestead declaration before sale of home if property unimproved or home unoccupied |
6.13.010,6.13.030 6.15.040 |
Tools of Trade |
Farm trucks, stock, tools, seed, equipment & supplies of farmer to $5000 total
Library, office furniture, office equipment & supplies of physician, surgeon, clergy or other professional to $5000 total
Tools & materials used in another’s trade to $5000 |
6.15.010(4) (a)
6.15.010(4) (b)
6.15.010(4) ( c) |
Wages |
Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors |
6.27.150 |
Public Benefits |
Child welfare
Crime victims’ compensation
General assistance
Industrial insurance (workers’ compensation)
Old-age assistance
Unemployment compensation
Child Support |
74.13.070 7.68.070, 51.32.040
74.04.280
51.32.040
74.08.210
50.40.020
6.15.010(3)(d) |
Miscellaneous |
Property of business partnership |
25.04.250 |
Pensions |
City employees
ERISA-qualified benefits
IRAs
Public employees
State patrol officers
Volunteer firefighters |
41.28.200
6.15.020
6.15.020
41.40.380
43.43.310
41.24.240 |
Insurance |
Annuity contract proceeds to $250 per month
Disability proceeds, avails or benefits
Fire insurance proceeds for destroyed exemption
Fraternal benefit society benefits
Group life insurance policy or proceeds
Life insurance proceeds or avails if beneficiary is not the insured |
48.18.430
48.18.400
6.15.030
48.36A.180
48.18.420
48.18.410 |
Personal Property |
Appliances, furniture, household goods & home yard equipment to $2700 total (no limit on any property located within Washington if seeking to discharge debt based on failure to pay a state income tax assessed on retirement benefits received while a resident of Washington, 6.15.025)
Books to $1500
Burial plots sold by nonprofit cemetery association
Clothing, no more than $1000 in furs, jewelry, ornaments
Food and fuel for comfortable maintenance
Keepsakes & pictures
One motor vehicle for each individual to $2500 total (2 motor vehicles as community property of spouses two motor vehicles to $5000 total)
Professionally prescribed health
aids
Personal bodily injury payments-
not to exceed $16,150; or payment
for loss of future earnings to the
extent reasonably necessary |
6.15.010(3) (a)
6.15.010(2)
68.20.120
6.15.010(1)
6.15.010(3) (a)
6.15.010(2)
6.15.010(3) ( c)
6.15.010(3)(e)
6.15.010(3)(f) |
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