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Bankruptcy in Brief

             a service of the Moran Law Group
 

 

Bankruptcy Code 522:  exempt property (effective 4/1/04)

...
(d) The following property may be exempted under subsection (b)(1) of this section: 

(1) The debtor's aggregate interest, not to exceed $18,450 in  value, in real property or personal property that the debtor or a  dependent of the debtor uses as a residence, in a cooperative  that owns property that the debtor or a dependent of the debtor  uses as a residence, or in a burial plot for the debtor or a  dependent of the debtor. 

(2) The debtor's interest, not to exceed $2,925 in value, in  one motor vehicle

(3) The debtor's interest, not to exceed $475 in value in any  particular item or $9,250 in aggregate value, in household  furnishings, household goods, wearing apparel, appliances, books,  animals, crops, or musical instruments, that are held primarily  for the personal, family, or household use of the debtor or a  dependent of the debtor. 

(4) The debtor's aggregate interest, not to exceed $1225 in  value, in jewelry held primarily for the personal, family, or  household use of the debtor or a dependent of the debtor. 

(5) The debtor's aggregate interest in any property, not to 
exceed in value $800 plus up to $9,250 of any unused amount of  the exemption provided under paragraph (1) of this subsection.
 
(6) The debtor's aggregate interest, not to exceed $1,850 in  value, in any implements, professional books, or tools, of the  trade of the debtor or the trade of a dependent of the debtor. 

(7) Any unmatured life insurance contract owned by the debtor,  other than a credit life insurance contract. 


(8) The debtor's aggregate interest, not to exceed in value  $8,000 less any amount of property of the estate transferred in  the manner specified in section 542(d) of this title, in any  accrued dividend or interest under, or loan value of, any  unmatured life insurance contract owned by the debtor under which  the insured is the debtor or an individual of whom the debtor is  a dependent. 

(9) Professionally prescribed health aids for the debtor or a  dependent of the debtor. 

(10) The debtor's right to receive
(A) a social security benefit, unemployment compensation, or  a local public assistance benefit; 
(B) a veterans' benefit; 
(C) a disability, illness, or unemployment benefit; 
(D) alimony, support, or separate maintenance, to the extent  reasonably necessary for the support of the debtor and any  dependent of the debtor; 
(E) a payment under a stock bonus, pension, profitsharing,  annuity, or similar plan or contract on account of illness,  disability, death, age, or length of service, to the extent  reasonably necessary for the support of the debtor and any  dependent of the debtor, unless - 
(i) such plan or contract was established by or under the 
auspices of an insider that employed the debtor at the time  the debtor's rights under such plan or contract arose; 
(ii) such payment is on account of age or length of 
service; and 
(iii) such plan or contract does not qualify under section 
401(a), 403(a), 403(b), or 408 of the Internal Revenue Code of 1986. 
(11) The debtor's right to receive, or property that is traceable to - 
(A) an award under a crime victim's reparation law; 
(B) a payment on account of the wrongful death of an 
individual of whom the debtor was a dependent, to the extent  reasonably necessary for the support of the debtor and any  dependent of the debtor; 
(C) a payment under a life insurance contract that insured 
the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably  necessary for the support of the debtor and any dependent of  the debtor; 
(D) a payment, not to exceed $18,450 on account of personal  bodily injury, not including pain and suffering or compensation  for actual pecuniary loss, of the debtor or an individual of  whom the debtor is a dependent; or 
(E) a payment in compensation of loss of future earnings of  the debtor or an individual of whom the debtor is or was a  dependent, to the extent reasonably necessary for the support  of the debtor and any dependent of the debtor. 

 

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  3/17/04