Ohio State Exemption List
Only State Exemptions Allowed
In the state of Ohio you are not allowed to use the federal bankruptcy exemptions and will only be allowed to use the State of Ohio Bankruptcy Exemptions. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your Ohio Bankruptcy Attorney.
Ohio has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Ohio. There may be certain residency requirements to use the Ohio state exemption list.
The following table will outline the Ohio State Exemptions. Many of your assets may not have a matching exemption.
|
Exemptions
|
Exemption Amount
|
Statutes
|
| 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) |
| 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 |
|
Personal Property
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) |
| 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 |
| Public Benefits |
Crime victim’s compensation, received during twelve 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 |
| Miscellaneous |
Alimony, child support needed for support
Property of business partnership |
2329.66(A) (11)
1775.24, 2329.66(A) (14) |
| 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) |