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Property Description
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Federal
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Texas
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Residence
& Burial Plots
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Single
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Joint
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Single
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Family
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$18,450
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$36,900
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10 / 100 acres
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10 / 200 acres
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property location
is irrelevant
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urban / rural
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urban / rural
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exemption calculation
is based on equity amount - market value less all mortgages,
liens and other encumbrances
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property value
is unlimited - property can be worth 100 million dollars without
defeating the exemption
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land and mobile
homes
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land and mobile
homes (mobile homes allowed only if attached to the land - not
on wheels)
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must currently
reside on the property to claim the exemption
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need not
currently reside on the property; temporary renting or absence
does not defeat exemption
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includes
property owned by the debtor or a dependent
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limited to property
owned by the debtor
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| 11 U.S.C. § 522(d)(1) |
Texas Property Code
§
41.001(a) (exemption) and
§
41.002 (definition & acreage limit)
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Wildcard
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$10,200 (max.)
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$20,400 (max.)
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$0
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$0
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$975 (individual
cases) or $1,950 (joint cases) plus up to $9,250 (individual
cases) or $18,500 (joint cases) of the unused homestead exemption
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no similar catchall
exemption exists under Texas state law; all cash and investments
(unless in a retirement account) or other property not otherwise
exempt is not protected
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| 11 U.S.C. § 522(d)(5) |
no citation |
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Motor Vehicles
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$2,950
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$5,900
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$30,000
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$60,000
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joint cases: exemption
is limited to $2,950 for each debtor; can not apply any
excess or unused portion of the exemption to a 2nd vehicle
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a 2, 3 or 4 wheeled
motor vehicle for each family member who holds a driver's license
or who relies on another person to operate the vehicle
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| 11 U.S.C. § 522(d)(2) |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(9) (vehicles) |
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Household
Furnishings & Personal Effects
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$9,850
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$19,700
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$30,000
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$60,000
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cumulative limits
include the total amounts claimed for wearing apparel and animals
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cumulative limits
include the total amounts claimed for: (1) vehicles;
(2) home furnishings; (3) wearing apparel;
(4) jewelry; (5) tools of trade; (6) farm
& ranch vehicles & implements; (7) firearms; (8)
athletic & sporting equipment; (9) animals; (10)
unpaid commissions.
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value limitation
of $475 for any single item
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no value limitation
on individual items
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exemption applies
to: household furnishings, household goods, appliances, books,
crops, or musical instruments;
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exemption applies
only to household furnishings and "family heirlooms" (not defined
by statute); exemption does not include household goods,
appliances, books, crops or musical instruments
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limited to property
held for personal, family or household use
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no personal, family
or household use limitation
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includes property
owned by the debtor or a dependent
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limited to property
owned by the debtor
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| 11 U.S.C. § 522(d)(3) |
Texas Property Code
§ 42.001(a)(1) (value limit),
§ 42.002(a)(1) (home furnishings) and
§ 42.002(a)(2) (food) |
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Wearing
Apparel
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$9,850
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$19,700
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$30,000
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$60,000
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cumulative limits
include the total amounts claimed for household furnishings,
personal effects and animals
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cumulative limits
include the total amounts claimed for: (1) vehicles;
(2) home furnishings; (3) wearing apparel;
(4) jewelry; (5) tools of trade; (6) farm
& ranch vehicles & implements; (7) firearms; (8)
athletic & sporting equipment; (9) animals; (10)
unpaid commissions.
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value limitation
of $475 for any single item
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no value limitation
on individual items
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includes property
owned by the debtor or a dependent
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limited to property
owned by the debtor
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applies only to
property held for personal, family or household use
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no personal, family
or household use limitation
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| 11 U.S.C. § 522(d)(3) |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(5) (wearing apparel) |
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Animals
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$9,850
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$19,700
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$30,000
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$60,000
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| animals only - exemption does
not include animal food or supplies |
animals and food for their consumption
- exemption does not include supplies |
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cumulative limits
include the total amounts claimed for household furnishings,
personal effects and animals
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cumulative limits
include the total amounts claimed for: (1) vehicles; (2)
home furnishings; (3) wearing apparel; (4) jewelry;
(5) tools of trade; (6) farm & ranch vehicles
& implements; (7) firearms; (8) athletic & sporting
equipment; (9) animals; (10) unpaid commissions.
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value limitation
of $475 for any single item
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no value limitation
on individual items
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no limit on number
or type of animals
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limited to:
(1) two horses, mules, or donkeys & saddle, blanket & bridle
for each; (2) 12 head of cattle; (3) 60 head of
other types of livestock; (4) 120 fowl; (5) all
household pets
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| 11 U.S.C. § 522(d)(3) |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(10) (animals) |
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Jewelry
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$1,225
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$2,450
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$7,500
*
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$15,000
*
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includes property
owned by the debtor or a dependent
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limited to property
owned by the debtor
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applies only to
property held for personal, family or household use
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no personal, family
or household use limitation
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| 11 U.S.C. § 522(d)(4) |
Texas Property Code
§ 42.002(a)(6) (value limit & jewelry) |
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Tools of
the Trade
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$1,850
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$3,700
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$30,000
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$60,000
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property valued
in excess of the dollar limit specified above can be protected
only as part of wildcard exemption
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cumulative limits
include the total amounts claimed for: (1) vehicles;
(2) home furnishings; (3) wearing apparel;
(4) jewelry; (5) tools of trade; (6) farm
& ranch vehicles & implements; (7) firearms; (8)
athletic & sporting equipment; (9) animals; (10)
unpaid commissions.
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includes implements,
professional books and tools
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includes tools,
equipment, books, and apparatus, including boats and motor vehicles
used in a trade or profession
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includes property
owned by the debtor or a dependent
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limited to property
owned by the debtor
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| 11 U.S.C. § 522(d)(6) |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(4) (tools of trade) |
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Farming
or Ranching Vehicles & Implements
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$0
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$0
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$30,000
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$60,000
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no separate exemption;
but can be exempted as tools of the trade
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cumulative limits
include the total amounts claimed for: (1) vehicles;
(2) home furnishings; (3) wearing apparel;
(4) jewelry; (5) tools of trade; (6) farm
& ranch vehicles & implements; (7) firearms; (8)
athletic & sporting equipment; (9) animals; (10)
unpaid commissions.
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no limit on number
or type of items
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| no citation |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(3) (farming & ranching vehicles & implements) |
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Firearms
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$0
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$0
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$30,000
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$60,000
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no separate exemption;
can be protected only as part of wildcard exemption
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cumulative limits
include the total amounts claimed for: (1) vehicles;
(2) home furnishings; (3) wearing apparel;
(4) jewelry; (5) tools of trade; (6) farm
& ranch vehicles & implements; (7) firearms; (8)
athletic & sporting equipment; (9) animals; (10)
unpaid commissions.
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limit of 2 firearms;
no specification on type
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| no citation |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(7) (two firearms) |
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Athletic
& Sporting Equipment
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$0
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$0
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$30,000
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$60,000
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no separate exemption;
can be protected only as part of wildcard exemption
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cumulative limits
include the total amounts claimed for: (1) vehicles;
(2) home furnishings; (3) wearing apparel;
(4) jewelry; (5) tools of trade; (6) farm
& ranch vehicles & implements; (7) firearms; (8)
athletic & sporting equipment; (9) animals; (10)
unpaid commissions.
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applies to athletic
and sporting equipment, including bicycles
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| no citation |
Texas Property Code
§ 42.001(a)(1) (value limit) and
§ 42.002(a)(8) (athletic & sporting equipment) |
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Commissions
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$0
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$0
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$7,500*
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$15,000*
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no separate exemption;
can be protected only as part of wildcard exemption
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limited to unpaid
commissions for personal services
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| no citation |
Texas Property Code
§
42.001(d) (value limit & commissions) |
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Wages
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0
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0
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unlimited
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unlimited
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no separate exemption;
can be protected only as part of wildcard exemption
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applies to current
wages for personal services except for court ordered child support
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| no citation |
Texas Property Code
§ 42.001(b)(1) (wages) |
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Professionally
Prescribed Health Aids
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unlimited
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unlimited
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unlimited
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unlimited
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applies to property
belonging to the debtor or any dependant of the debtor
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| 11 U.S.C. § 522(d)(9) |
Texas Property Code
§ 42.001(b)(2) (professionally prescribed health aids) |
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Social
Security, Unemployment, Disability & Veterans Benefits
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unlimited
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unlimited
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unlimited
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unlimited
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exemption not
limited to funds necessary for reasonable support of the debtor
and any dependent of the debtor
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| 11 U.S.C. § 522(d)(10)(A) |
42 U.S.C § 407 |
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Alimony
& Support Payments
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unlimited
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unlimited
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unlimited
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unlimited
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applies to property
belonging to the debtor or any dependant of the debtor
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only exempt to
the extent reasonably necessary for the support of the debtor
and any dependent of the debtor
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exemption not
limited to funds necessary for reasonable support of the debtor
and any dependent of the debtor
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| 11 U.S.C. § 522(d)(10)(D) |
Texas Property Code
§ 42.001(b)(3) (alimony, support & separate maintenance) |
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Pension,
Profit-sharing & Retirement Plans
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unlimited
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unlimited
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unlimited
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unlimited
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exemption applies
only to plans that qualify under section 401(a), 403(a), 403(b),
or 408 of the Internal Revenue Code
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contributions to
IRA’s, Roth IRA's or annuities that exceed the deductible limits
under the Internal Revenue Code are not exempt.
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only exempt to
the extent reasonably necessary for the support of the debtor
and any dependent of the debtor
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exemption not
limited to funds necessary for reasonable support of the debtor
and any dependent of the debtor
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The assets of almost
all pension and retirement plans can not be taken from a debtor
because they are not considered part of the "bankruptcy
estate." Under the U.S. Supreme Court decision in Patterson
v. Shumate, all pension plans and trusts are excluded from
the bankruptcy estate if the plan or trust has a provision which
prevents the proceeds from being transferred or assigned, and
the provision is enforceable under federal or state law.
Virtually all plans have such a provision. Therefore,
the exemption rules relating to pension plans have been rendered
virtually irrelevant.
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| 11 U.S.C. § 522(d)(10)(E) |
Texas Property Code
§
42.0021 (any stock bonus, pension, profit sharing or similar
plan) |
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Death Awards
& Survivor Benefits
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unlimited
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unlimited
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unlimited
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unlimited
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applies to all
payments traceable to a wrongful death award of persons to whom
debtor was a dependant
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limited to death
and survivor benefits received by dependants of military personnel
and U.S. Government employees, longshoremen & harbor workers
and war risk hazard death or injury compensation
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only exempt to
the extent reasonably necessary for the support of the debtor
and any dependent of the debtor
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exemption not
limited to funds necessary for reasonable support of the debtor
and any dependent of the debtor
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| 11 U.S.C. § 522(d)(11)(B) |
42 U.S.C § 1717 |
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Cash Surrender
Value of Life Insurance Contracts
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$9,850
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$19,700
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unlimited
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unlimited
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applies to policies
under which the insured is the debtor or dependent
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includes cash values
to be paid to the insured or any beneficiary
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| 11 U.S.C. § 522(d)(8) |
Texas Insurance Code
§ 1108.051 (insurance and annuity benefits) |
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Insurance
& Annuity Contract Proceeds
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unlimited
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unlimited
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unlimited
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unlimited
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life insurance
proceeds only
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includes all insurance
contracts, including annuities & structured settlements used
to finance personal injury recoveries
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only exempt to
the extent reasonably necessary for the support of the debtor
and any dependent of the debtor
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exemption not
limited to funds necessary for reasonable support of the debtor
and any dependent of the debtor
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| 11 U.S.C. § 522(d)(11)(C) |
Texas Insurance Code
§ 1108.051 (insurance and annuity benefits) |
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Personal
Injury Recoveries
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$18,450
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$36,900
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$0
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$0
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limited to compensation
for personal bodily injury only; no pain & suffering; includes
awards made to dependants
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no exemption except
for annuities purchased as structured settlement of personal
injury claims
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| 11 U.S.C. § 522(d)(11)(D) |
no citation |
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Future Earnings Compensation
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unlimited
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unlimited
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$0
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$0
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applies to payments
in compensation of loss of future earnings
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no exemption recognized
under Texas state law
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only exempt to
the extent reasonably necessary for the support of the debtor
and any dependent of the debtor
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only exempt to
the extent reasonably necessary for the support of the debtor
and any dependent of the debtor
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| 11 U.S.C. § 522(d)(11)(E) |
no citation |
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*
The $7,500 / $15,000 limit for jewelry and unpaid commissions
must be included within the $30,000 / $60,000 maximum limits
for other personal property. In other words, you must
include jewelry and unpaid commissions when calculating
the total amount of the allowable exemptions under the $30,000
/ $60,000 limits.
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