Can spouses filing together each pick a different list?

No. Section 522(b)(1) provides that in joint cases, and in individual cases by or against spouses whose estates are jointly administered, one debtor may not elect the federal list while the other elects state exemptions. If the parties cannot agree on which alternative to elect, they are deemed to elect the federal list in paragraph (2), where that election is permitted in the jurisdiction where the case is filed.

Does an exemption stop a repossession or a foreclosure?

An exemption does not, by itself. It addresses the debtor's interest in property, not the lien against it, and a valid lien survives. Filing a petition separately operates as an automatic stay under 11 U.S.C. § 362, which is a different provision with its own exceptions in subsection (b) and its own procedures for relief. Treat them as two distinct questions.

Where do I find the actual dollar amounts for my state?

Amounts are set by the applicable state statute or by 11 U.S.C. § 522(d), and they differ substantially — this page deliberately states none of them, because a figure from the wrong state is worse than no figure. Our state pages publish the verified categories and amounts we hold with citations. A bankruptcy lawyer in your district can tell you how they apply to your property.

Glossary

Exemption

An exemption is a provision of law that lets an individual debtor keep a specified interest in property, usually up to a dollar limit, beyond creditors' reach. Under 11 U.S.C. § 522, a debtor claims either the federal list in subsection (d) or the exemptions under state and non-bankruptcy federal law, unless the state has opted out. An exemption covers equity, not the object — valid liens survive.

Key points

An exemption removes a specified interest in property from the bankruptcy estate created under 11 U.S.C. § 541.
Exemptions are measured in value: § 522(a) defines value as fair market value as of the petition date.
Claiming an exemption does not avoid a valid lien, so a mortgage or car loan remains enforceable against the collateral.
The federal list in 11 U.S.C. § 522(d) is available unless the debtor's applicable state has opted out under § 522(b)(2).
Amounts and categories differ sharply by state, so the figures that matter are the ones on your state's page.

You have probably met this word on a form, a schedule, or a letter from a trustee, and it sounds like a technical detail. It is not. Exemptions are the part of bankruptcy law that decides what stays with you, and the rules that pick which list applies to your case are set before you file.

What does "exemption" mean in bankruptcy?

Filing a case creates an estate that includes, with stated exceptions, all of the debtor's legal and equitable interests in property as of the commencement of the case (11 U.S.C. § 541). An exemption is the mechanism that takes specified interests back out: an individual debtor may exempt property from the estate under 11 U.S.C. § 522.

Two words carry most of the weight. "Individual" — the section speaks to individual debtors, not companies. "Interest" — an exemption reaches the debtor's interest, measured by value, not the physical object. Section 522(a) defines value as fair market value as of the date the petition is filed, or as of the date property became estate property if that came later.

So an exemption is a value-denominated claim to equity, organized by category — a residence, a motor vehicle, tools of a trade, household goods, certain benefits — rather than a list of items nobody can touch.

Why does it matter in a bankruptcy case?

Exemptions mark the boundary between what remains estate property and what the debtor keeps, so almost every practical question about a filing runs through them. Section 522(c) also carries forward: exempt property is generally not liable for prepetition debts except as that subsection provides, and the legislative history explains that dischargeable tax claims may not be collected out of exempt property, while taxes that are nondischargeable under 11 U.S.C. § 523 remain collectible from it.

The status also unlocks specific tools. Section 722, which sits in chapter 7, lets an individual debtor redeem tangible personal property intended primarily for personal, family, or household use from a lien securing a dischargeable consumer debt — but only if that property is exempted under § 522 or has been abandoned, and only by paying the holder the allowed secured claim in full.

That is a chapter 7 provision. Do not assume it describes chapter 13.

Which exemptions apply, and who chooses?

Section 522(b) gives an individual debtor a choice between two lists — the federal schedule in subsection (d), or property exempt under state or local law plus federal law outside § 522(d), together with certain entireties interests and retirement funds in tax-qualified accounts under § 522(b)(3)(C).

The choice exists only where the state allows it. Under § 522(b)(2), a state may specifically decline to authorize the federal list, and many have: Florida (Fla. Stat. § 222.20), Ohio (Ohio Rev. Code § 2329.662), Illinois (735 ILCS 5/12-1201), California (Cal. Civ. Proc. Code § 703.130), Alabama (Ala. Code § 6-10-11), Colorado, Iowa, Tennessee, Mississippi, and North Dakota among them. Others preserve the election, including Arkansas (Ark. Code Ann. § 16-66-217), New York (N.Y. Debt. & Cred. Law § 285), and Michigan (Mich. Comp. Laws § 600.5451).

Which state's law applies turns on a domicile lookback in § 522(b)(3)(A), not simply on where you live today.

What do people get wrong about it?

The most costly mistake is treating an exemption as protection from a lender. It is not. Claiming property exempt does not avoid a valid lien and does not remove the whole item from the case — a mortgage or a car loan survives and remains enforceable against the collateral. That is why § 722 exists as a separate route for certain personal property.

The second is assuming it happens by itself. Exemptions are claimed in the case, and other parties can object; bankruptcy courts docket both a claim of exemption and an objection to a debtor's claim of exemptions as distinct filings.

The third is believing exemptions are purely a state-law matter. Section 522(d) is a federal list, and § 522(b)(3)(A) also reaches non-bankruptcy federal exemptions.

Finally, the word appears elsewhere in a case in an unrelated sense — a motion for exemption from credit counseling is a different thing entirely.

Frequently asked questions

Can spouses filing together each pick a different list?: No. Section 522(b)(1) provides that in joint cases, and in individual cases by or against spouses whose estates are jointly administered, one debtor may not elect the federal list while the other elects state exemptions. If the parties cannot agree on which alternative to elect, they are deemed to elect the federal list in paragraph (2), where that election is permitted in the jurisdiction where the case is filed.
Does an exemption stop a repossession or a foreclosure?: An exemption does not, by itself. It addresses the debtor's interest in property, not the lien against it, and a valid lien survives. Filing a petition separately operates as an automatic stay under 11 U.S.C. § 362, which is a different provision with its own exceptions in subsection (b) and its own procedures for relief. Treat them as two distinct questions.
Where do I find the actual dollar amounts for my state?: Amounts are set by the applicable state statute or by 11 U.S.C. § 522(d), and they differ substantially — this page deliberately states none of them, because a figure from the wrong state is worse than no figure. Our state pages publish the verified categories and amounts we hold with citations. A bankruptcy lawyer in your district can tell you how they apply to your property.

Sources

11 U.S.C. § 522 — Exemptions · official source
11 U.S.C. § 541 — Property of the estate · official source
11 U.S.C. § 722 — Redemption · official source
11 U.S.C. § 523 — Exceptions to discharge · official source
11 U.S.C. § 362 — Automatic stay · official source
Fla. Stat. § 222.20 — Nonavailability of federal bankruptcy exemptions
Ohio Rev. Code § 2329.662 — Federal exemption not authorized
735 ILCS 5/12-1201 — Bankruptcy exemption
Cal. Civ. Proc. Code § 703.130 — Federal exemptions not authorized in California
Ala. Code § 6-10-11 — Exemptions in Federal Bankruptcy
Colo. Rev. Stat. § 13-54-107 — Exemptions in bankruptcy
Iowa Code § 627.10 — Bankruptcy exemption
Tenn. Code Ann. § 26-2-112 — Exemptions for the purpose of bankruptcy
Miss. Code Ann. § 85-3-2 — Certain federal exemptions prohibited
N.D. Cent. Code § 28-22-17 — Nonavailability of federal bankruptcy exemptions
Ark. Code Ann. § 16-66-217 — Election of bankruptcy exemptions
N.Y. Debt. & Cred. Law § 285 — Alternative federal exemptions
Mich. Comp. Laws § 600.5451 — Bankruptcy exemptions
CANB official page — Claim of Exemption | United States Bankruptcy Court
CANB official page — Objection to Debtor's Claim of Exemptions | United States Bankruptcy Court
CANB official page — Motion for Exemption from Credit Counseling | United States Bankruptcy Court

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 28, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.