Nov 21, 2008

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Debt Advice

Bankruptcy Exemptions


Dear Debthelp,

I have been paying down my credit card debt and medical bills but my situation is looking more dismal each month. I am afraid of losing my home and concerned that I am so broke I can’t afford the cost of filing for bankruptcy let alone the attorney’s fees! What can I do?

—   Sylvia in Seattle


Dear Sylvia in Seattle,

Stop paying your credit card and medical bills. It makes no sense to continue making payments on debt that will be forgiven in your bankruptcy. Hopefully the money used to pay down your debt can be re-directed to an attorney.

Look for an attorney that offers a free initial consultation during which you can request that you pay in installments, in advance of your filing.

The new bankruptcy law allows you to apply for a waiver that would save court filing fees. The waiver doesn't apply to attorney's fees, but could free up more cash to pay a lawyer. The bankruptcy court in your area should have the appropriate forms available after Oct. 17.

Each state in the union has its own rules for what you can keep in a bankruptcy. I see that you are from Washington State therefore you have the option to choose either the allowable federal asset exemptions or the applicable state's exemptions.


Option 1:

Washington Post-Judgment Asset Exemptions

  • Homestead: Real property or mobile home up to $40,000. No limit if seeking to discharge debts on failure to pay a state income tax on retirement benefits that were received while a resident of Washington. Must record homestead declaration before sale of home if property unimproved or home unoccupied.
  • Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for city employees, volunteer firefighters, state patrol officers and public employees. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans.
  • Insurance: Annuity contract proceeds to $250 per month. Group life insurance policy or proceeds. Life insurance proceeds or avails if beneficiary is not the insured. Fraternal society benefits. Disability benefits, proceeds or avails. Fire insurance proceeds for destroyed exemption.
  • Personal Property: Appliances, furnishings, household goods, home and yard equipment up to $2,700 total. No limit on any property located within Washington if seeking to discharge debt based on failure to pay a state income tax on retirement benefits that were received while a resident of Washington. Burial plot sold by nonprofit cemetery association. Books up to $1,500. Clothing, furs, jewelry and ornaments up to $1,500. Food and fuel for comfortable maintenance. Keepsakes and pictures. Motor vehicles up to $2,500.
  • Tools of Trade: Farm trucks, stock, tools, seed, equipment and supplies of farmer up to $5,000 total. Library, office furniture, office equipment, and supplies of physician, surgeon, attorney, clergy or other professional up to $5,000 total. Tools and materials used in another's trade up to $5,000.
  • Miscellaneous: Business partnership property.
  • Wages: Greater of 30 times federal minimum hourly wage or 75% of debtor's weekly disposable earnings.
  • Public Benefits: Unemployment benefits. Industrial insurance (workers' compensation). AFDC. Crime victim's compensation. General assistance. Old-age assistance.
  • Wild Card: $1,000 of any personal property, with a limit of $100 for cash, bank deposits, bonds, stocks and securities.

Option 2:

Federal Bankruptcy Exemptions: The federal bankruptcy exemptions are adjusted every three years on April 1. The following represents the most recent adjustments, made on April 1, 2004. Married couples double the following federal exemptions.

  • Homestead: Real property, including co-op or mobile home, up to $18,450; unused portion of homestead up to $9,250 may be applied to any property.
  • Pensions and Retirement Benefits: ERISA-qualified benefits needed for support.
  • Insurance: Disability, illness or unemployment benefits. Life insurance payments for person you depended on, needed for support. Life insurance policy with loan value, in accrued dividends or interest up to $9,850. Un-matured life insurance contract, except credit insurance policy.
  • Personal Property: Animals, crops, clothing, appliances, books, furnishings, household goods and musical instruments up to $475 per item, $9,850 total. Health Aids. Jewelry up to $1,225. Lost earnings payments. Motor vehicle up to $2,950. Personal injury recoveries up to $18,450 (not to include pain and suffering or pecuniary loss). Wrongful death recoveries for person you depended on.
  • Tools of Trade: Implements, books and tools of trade up to $1,850.
  • Miscellaneous: Alimony. Child support needed for support.
  • Wages: The greater of 75 percent of an individual's weekly disposable earnings or 30 times the federal minimum wage.
  • Public Benefits: Crime victim's compensation. Public assistance. Social Security. Unemployment compensation. Veteran's benefits.
  • Wild Card: $925 of any property and $9,250, less any amount of homestead exemption claimed, of any property.

The following exemptions are available in addition to your state's exemptions, but cannot be claimed if you use the federal bankruptcy exemptions.

  • Retirement: Funds exempt for CIA employees, civil service employees, Foreign Service employees, military honor roll pensions, military service employees, railroad workers. Social Security. Veteran's benefits. Veteran's Medal of Honor benefits.
  • Survivor's Benefits: Survivor's funds exempt for judges, U.S. court directors, judicial center directors, Supreme Court justices, child justice administrators, lighthouse workers, members of military service.
  • Death and Disability Benefits: Funds exempt for government employees, longshoremen and harbor workers. War risk, hazard, death or injury compensation.
  • Miscellaneous: Klamath Indians tribe benefits for Indians residing in Oregon. Military deposits in savings accounts while on permanent duty outside the U.S. Military group life insurance. Railroad worker's unemployment insurance. Seamen's clothing. Seamen's wages (while on a voyage) pursuant to written contract. 75 percent of earned but unpaid wages (bankruptcy judge may authorize more for low-income debtors).

Find your state's bankruptcy exemptions here.

I hope that this has helped in some small way. If you have any other questions simply contact us through the query box below.

Keep your chin up,

—   DebtHelp-USA

Questions & Comments

State Bankruptcy Exemptions can be found here.

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