Tier 1 tool
Exemption Risk Checker
Compare your equity to published exemption amounts by state.
An exemption explorer compares property you own against the exemption categories published for your state and, where available, the federal list under 11 U.S.C. § 522(d). It shows which categories commonly reach which kinds of property and at what published amount. It organizes information for a conversation with an attorney; it does not decide what you keep.
Key points
- Exemptions are set by 11 U.S.C. § 522, which lets each state decide whether its residents may choose the federal list instead of the state one.
- The explorer compares property categories against published amounts; it does not value your property or resolve a disputed claim.
- Which state's exemptions apply turns on a 730-day domicile rule in § 522(b)(3)(A), not on where you file.
- A trustee, a creditor, or another party in interest can object to a claimed exemption, and local rules govern how that objection is heard.
- Exemption amounts change on published adjustment schedules in several states, so a figure is only accurate as of its effective date.
If you are worried about losing your home, your car, or the tools you work with, exemptions are the part of bankruptcy law you actually care about. This page explains what the explorer on this page compares, where those categories come from in the statute, and — just as important — the questions it leaves open.
What does the exemption explorer compare?
The explorer takes categories of property a person commonly owns — a residence, a vehicle, household goods, tools of a trade, retirement accounts, benefit payments — and lines them up against the exemption categories published for a given state, and against the federal list where that state permits its residents to use it.
It is a comparison of published categories and amounts, not a valuation of your things and not a prediction. Nothing you enter is checked against a title record, an appraisal, or a lender payoff statement.
The categories themselves come from statutes. Some states publish a broad list: New Mexico's exemption statute names household goods, motor vehicles, jewelry, artwork, tools of the trade, and several kinds of benefit payments in a single section (NMSA 1978 § 42-10-1). Others split the same ground across multiple statutes. The explorer flattens that structure so you can see which categories exist and which of your property might fall under each one.
- Categories of property against categories of exemption — not your specific assets against a legal outcome
- Published amounts as of their stated effective date, each carrying its citation
- Where a state permits the federal alternative under § 522(b)(2), both lists side by side
What does the law actually say about exemptions?
The governing provision is 11 U.S.C. § 522. It lets an individual debtor exempt property from the bankruptcy estate by choosing one of two lists: the federal list in subsection (d), or property exempt under federal law other than subsection (d) plus state or local law (11 U.S.C. § 522(b)(1)).
That choice is not always the debtor's. Section 522(b)(2) makes the federal list available only "unless the State law that is applicable to the debtor... specifically does not so authorize." A number of states have passed exactly such a law — the legislative history to § 522 records that "[t]he States may, by passing a law, determine whether the Federal exemptions will apply as an alternative to State exemptions in bankruptcy cases."
California illustrates how a state can structure the choice differently again: its Code of Civil Procedure gives one set of exemptions generally and a separate subdivision (b) set that "may be elected in lieu of all other exemptions provided by this chapter" (Cal. Civ. Proc. Code § 703.140(a)).
Which state's exemptions apply to you?
Not necessarily the state you live in today. Section 522(b)(3)(A) points to the law applicable "on the date of the filing of the petition to the place in which the debtor's domicile has been located for the 730 days immediately preceding the date of the filing of the petition."
If your domicile has not been in a single state for that whole 730-day period, the statute sends you back further: to the place your domicile was located for the 180 days immediately preceding the 730-day period, or for the longer portion of that 180-day period than any other place.
So a recent move can mean a former state's exemption list governs your case. This is one of the most common places a self-directed exemption analysis goes wrong, and it is not something the explorer resolves for you — it is a legal question about where you were domiciled and when.
Section 522(b)(1) also addresses married couples: joint filers whose estates are jointly administered may not have one spouse elect the federal list and the other elect state law.
| Situation | What the statute points to |
|---|---|
| Domicile in one state for the full 730 days before filing | That state's law |
| Domicile not in a single state for those 730 days | The place of domicile for the 180 days immediately preceding the 730-day period |
| Domicile split during that 180-day period | The place where domicile was located for the longer portion of it |
How should you read the result?
Read it as a map of the categories, not as a verdict on your property.
A published exemption amount is a ceiling on a described interest, and the description matters as much as the number. Section 522(a)(2) defines "value" for these purposes as fair market value as of the date the petition is filed — or, for property that becomes estate property later, as of the date it does. So what is being measured is a value at a specific moment, not what you paid.
Exemption categories are also frequently conditional. Maryland's statute exempts an interest "not to exceed $1,000 in value" in household furnishings and similar items, and separately allows an election of up to $6,000 in cash or selected property within 30 days of an attachment or levy (Md. Code, Cts. & Jud. Proc. § 11-504(b)). Georgia's homestead figure doubles where title is in one of two spouses and the property is the primary residence of both (O.C.G.A. § 44-13-100(a)(1)(A)).
Read every result together with its conditions and its effective date.
Why do exemption amounts change, and is the figure current?
Many exemption amounts are adjusted on a published schedule, which is why a figure you found last year may no longer be the operative one.
Alabama's statute directs the State Treasurer to adjust each dollar amount at the end of each three-year period to reflect the cumulative change in the consumer price index, rounded to the nearest $25, with the adjusted amounts applying to exemptions claimed on or after the April 1 following the adjustment date (Ala. Code § 6-10-12). Virginia's homestead statute carries its own three-year cycle beginning April 1, 2027, and expressly provides that adjustments "shall not apply with respect to bankruptcy cases commenced before April 1, 2027" (Va. Code § 34-4).
Alaska adjusts by regulation rather than by statute, and publishes the adjusted figures separately (8 AAC 95.010; 8 AAC 95.030). Georgia's statute schedules annual inflation revisions beginning July 1, 2031 (O.C.G.A. § 44-13-100(a)(1)(A)).
Every amount we publish carries an effective date. Where we do not have a verified, current figure for a category, we leave it out rather than estimate.
What does the result not tell you?
A great deal, and this is the part worth reading twice.
It does not tell you what your property is worth. It does not net out what you owe on it. It does not tell you whether an exemption you claim will survive an objection — an exemption claim is made in the case and can be challenged. Local rules govern how: in Nevada, an objection "must state specifically the grounds for the objection," and the objecting party must set a hearing on not less than 30 days' notice to the debtor, the debtor's attorney, the trustee, and the local Office of the United States Trustee in a chapter 11 case (Nev. LBR 4003).
Exempt property is also not beyond every claim. Section 522(c)(1) provides that dischargeable tax claims may not be collected out of exempt property — the legislative history notes that nondischargeable taxes "will continue to be collectable out of exempt property."
And exemptions have nothing to do with which debts survive; that is 11 U.S.C. § 523.
- Not a valuation, and not a calculation of your equity after liens
- Not a ruling — a claimed exemption can be objected to under local rules such as Nev. LBR 4003
- Not a statement about which debts are discharged (see 11 U.S.C. § 523)
- Not advice on whether to choose a state or federal list where both are available
What should you do next?
Start by writing down what you own, honestly and in detail. Bankruptcy schedules ask for far more than most people expect: Official Form 106A/B asks separately about cash on hand, each deposit account, bonds and publicly traded stocks, non-publicly traded stock, negotiable instruments, each retirement or pension account listed individually, security deposits and prepaid rent, insurance policies with their surrender values, property due from someone who has died, and claims against third parties (Bankr. N.D. Ill. official guidance — Chapter 7 - Additional Documents).
That inventory is the input to every exemption question, and it is work only you can do.
Then check the two things the explorer cannot settle for you: where you were domiciled during the 730 days before any filing, and whether your state permits the federal list. Both are threshold questions, and both change the answer entirely.
A bankruptcy attorney in your district can take the inventory you have built and tell you how the exemptions in your state are actually applied there.
- List everything, including accounts and claims you might not think of as property
- Note where you have lived for the last two years and the dates
- Bring both to an attorney rather than a conclusion you reached alone
How do exemptions fit with the rest of the filing decision?
Exemptions are one input among several. They interact with the chapter you file under, what you owe on secured property, and what you can afford.
Cost is a separate and much simpler question. The statutory filing fee for a Chapter 7 case is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 8; Bankruptcy Court Miscellaneous Fee Schedule, Item 9, both effective December 1, 2023). For Chapter 13 the statutory filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), plus the same $78 administrative fee. The Chapter 13 statute permits installment payment for an individual commencing a voluntary or joint case; the Chapter 7 fee waiver is conditional under § 1930(f).
Some property is exempt under federal law entirely apart from § 522(d) — the legislative history to § 522 lists social security payments, veterans benefits, civil service retirement benefits, and railroad retirement annuities among them.
- Exemptions describe what may be kept; they say nothing about what is discharged
- Retirement funds in accounts exempt from taxation under §§ 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code are addressed in 11 U.S.C. § 522(b)(3)(C)
- Filing fees are fixed and published; exemption outcomes are not
Frequently asked questions
- Does the exemption explorer tell me whether I can keep my house?
- No. It shows which homestead exemption categories exist and at what published amount, with the conditions attached. Whether a particular home is fully covered depends on its fair market value as of the petition date under 11 U.S.C. § 522(a)(2), what is owed against it, which state's law applies, and whether anyone objects to the claim. Those are questions for an attorney.
- Can I choose the federal exemptions instead of my state's?
- It depends on your state. Section 522(b)(2) makes the federal list in subsection (d) available unless the applicable state law "specifically does not so authorize," and the legislative history to § 522 confirms states may pass a law making that choice. Where both are available, which one produces a better result varies by what you own. Check your state hub page.
- I moved last year. Which state's exemptions apply?
- Possibly not your current one. Section 522(b)(3)(A) looks to the law of the place your domicile was located for the 730 days immediately preceding the filing date. If your domicile was not in a single state for that period, it looks to the 180 days immediately preceding the 730-day period. A recent move commonly means a former state's list governs.
- Can someone challenge an exemption I claim?
- Yes. A claimed exemption can be objected to, and local rules govern the procedure. Under Nev. LBR 4003, an objection must state specifically the grounds for the objection, and the objecting party must set a hearing on not less than 30 days' notice to the debtor, the debtor's attorney, the trustee, and the local United States Trustee office in a chapter 11 case.
- Are exempt assets safe from everything?
- No. Section 522(c)(1) provides that dischargeable tax claims may not be collected out of exempt property, but the legislative history to § 522 states that nondischargeable taxes will continue to be collectable out of exempt property. Exemptions also say nothing about which debts are discharged at all — that is governed separately by 11 U.S.C. § 523.
- Why does the explorer show no figure for some categories?
- Because we publish only verified amounts with a citation and an effective date. Exemption figures change on published adjustment schedules — Alabama adjusts every three years under Ala. Code § 6-10-12, Virginia beginning April 1, 2027 under Va. Code § 34-4. Where we do not have a current verified figure for a category, we leave it blank rather than estimate.
- What should I gather before talking to an attorney?
- A complete property inventory. Official Form 106A/B asks separately about cash, each deposit account, bonds and stocks, negotiable instruments, each retirement account, security deposits and prepaid rent, insurance surrender values, and claims against third parties. Building that list yourself makes an exemption conversation far more productive and is the work an attorney cannot do for you.
Sources
- 11 U.S.C. § 522 — Exemptions · official source
- 11 U.S.C. § 523 — Exceptions to discharge · official source
- Cal. Civ. Proc. Code § 703.140
- NMSA 1978 § 42-10-1 — Exemptions
- Md. Code, Cts. & Jud. Proc. § 11-504 — Exemptions from execution
- O.C.G.A. § 44-13-100 — Exemptions for purposes of bankruptcy and intestate insolvent estates
- Ala. Code § 6-10-12 — Adjustments to Exemption Values
- Va. Code § 34-4 — Exemption created
- 8 AAC 95.010 — Statement of purpose
- 8 AAC 95.030 — Adjusted exemption amounts
- Nev. LBR 4003 — Local Rule 4003: Exemptions
- Bankr. N.D. Ill. official guidance — Chapter 7 - Additional Documents
- 28 U.S.C. § 1930(a)(1)(A), (f)(1) · official source
- 28 U.S.C. § 1930(a)(1)(B) · official source
- Bankruptcy Court Miscellaneous Fee Schedule, Item 8
- Bankruptcy Court Miscellaneous Fee Schedule, Item 9
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 31, 2026 · Sources verified July 31, 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.
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