The charts below detail the property you
can exempt (property you cannot be forced to sell to satisfy your
creditors) when you file bankruptcy. Please note that certain
restrictions may apply to the exemptions listed.
|
ASSET |
DESCRIPTION
|
STATUTE |
|
ALIMONY, MAINTENANCE AND SUPPORT |
|
|
|
Alimony, Maintenance and Support |
Alimony, maintenance and support payments
|
Property Code § 42.001(b)(3) |
|
ANIMALS |
|
|
|
Pets |
Household pets |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(11) |
|
Livestock |
Horses (2), mules (2), donkeys (2), cattle
(12), fowl (120), and other livestock (60), including the forage
on hand for their consumption |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(10) |
|
BOOKS, PICUTRES, ART AND COLLECTIONS |
|
|
|
Books |
Books used in a trade or profession |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(4) |
|
Books, Art and Heirlooms |
Household furnishings, art and family
heirlooms |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(1) |
|
FARM EQUIPMENT |
|
|
|
Equipment and Implements |
Farm or ranch equipment and implements |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(3) |
|
FIREARMS |
|
|
|
Firearms |
Two firearms |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(7) |
|
HOUSEHOLD GOODS |
|
|
|
Home Furnishings |
Home furnishings and family heirlooms |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(1) |
|
Provisions |
Provisions for consumption |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(2) |
|
INSURANCE |
|
|
|
Fraternal Benefit Societies |
Fraternal benefit society benefits such as
death benefits, medical benefits, annuity benefits, etc. |
Insurance Code, § 885.316 |
|
Insurance Policies |
Benefits, including cash value and
proceeds, under a life, health, or accident insurance policy
|
Insurance Code, § 1108.051 |
|
Public School Employees |
Uniform group insurance benefits for
retirees of public schools |
Insurance Code, § 1575.006 |
|
Texas Employees |
Uniform group insurance benefits for Texas
employees |
Insurance Code, § 1551.011 |
|
Texas State College Employees |
Uniform group insurance benefits for the
employees of the University of Texas system and the Texas A & M
system |
Insurance Code, § 1601.008 |
|
JEWELRY |
|
|
|
Jewelry |
Jewelry, the value of which must not exceed
25% of the limitation established in section 42.001(a) |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(6) |
|
MACHINERY |
|
|
|
Machinery and Equipment |
Machinery and equipment used in a trade or
professions |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(4) |
|
OFFICE FURNISHINGS |
|
|
|
Office Furnishings and Supplies |
Office furnishings and supplies used in a
trade or professions |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(4) |
|
MOTOR VEHICLES |
|
|
|
Automobiles, Trucks, Trailers, etc. |
Automobiles, trucks trailers, tractors,
etc. (any vehicle with 2, 3 or 4 wheels), for each qualified
family member |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(9) |
|
Farm or Ranch Vehicles |
Farming or ranching motor vehicles |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(3) |
|
Boats |
Boats used in a trade or professions |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(4) |
|
Vehicles |
Motor vehicles used in a trade or
profession |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(4) |
|
PENSIONS AND PROFIT SHARING |
|
|
|
Churches |
Pensions and benefits for church ministers,
teachers, etc. |
Revised Statutes, Title 32, Chapter 9, Article 1407a, § 6
|
|
College Savings |
Person’s right to assets in any prepaid
tuition contract, savings trust account, or qualified tuition
program |
Property Code § 42.0022 |
|
County and District Employees |
Person’s right to assets in the Texas
county and district employees’ retirement system |
Government Code § 841.006 |
|
Firefighters |
Firefighters’ pension plan |
Revised Statutes, Title 109, Article 6243e, § 5 |
|
IRAs |
Person’s right to assets in any Individual
Retirement Account |
Property Code § 42.0021(b) and (c) |
|
Municipal Employees |
Municipal employees’ pension plan |
Government Code § 851.006 |
|
Pensions and Profit Sharing Plans |
Person’s right to assets in any stock
bonus, pension, profit-sharing, or similar plan, including a
retirement plan for the self-employed |
Property Code § 42.0021(a) |
|
Police |
Police officers’ pension plan |
Revised Statutes, Title 109, Article 6243j, § 20 |
|
Texas Employees |
Texas employees’ retirement system |
Government Code § 811.005 |
|
Texas Judges |
Person’s right to assets in the judicial
retirement system |
Government Code § 831.004 and
Government Code § 836.004 |
|
Texas Teachers |
Person’s right to assets in the teacher
retirement system |
Government Code § 821.005 |
|
REAL PROPERTY |
|
|
|
Burial Lots |
One or more burial lots |
Property Code, § 41.001 |
|
Homestead - Rural |
Homestead of 100 acres (single) or less, or
200 acres (family) or less |
Texas Const., Art. XVI, § 50;
Texas Const., Art. XVI, § 51;
Property Code, § 41.001; and
Property Code, § 41.002 |
|
Homestead - Urban |
Homestead of 10 acres or less in a city,
village or town |
Texas Const., Art. XVI, § 51;
Texas Const., Art. XVI, § 51;
Property Code, § 41.001; and
Property Code, § 41.002 |
|
SPORTS EQUIPMENT |
|
|
|
Sports Equipment |
Athletic and sporting equipment including
bicycles |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(8) |
|
WEARING APPAREL |
|
|
|
Health Aids |
Professionally prescribed health aids |
Property Code § 42.001(b)(2) |
|
Wearing Apparel |
Wearing apparel |
Property Code § 42.001(a) (statutory cap) and
Property Code § 42.002(a)(5) |
|
MISCELLANEOUS |
|
|
|
Commissions |
Unpaid commissions, the value of which must
not exceed 25% of the limitation established in section
42.001(a) |
Property Code § 42.001(d) |
|
Crime Victim Compensation |
Crime victim’s right to compensation |
Code of Criminal Procedure, Article 56.49 |
|
Firefighter Survivors’ Benefits |
Financial assistance to survivors of
firefighters |
Government Code § 615.005 |
|
Law Enforcement Survivors’ Benefits |
Financial assistance to survivors of law
enforcement officers |
government Code § 615.005 |
|
Public Assistance |
Texas financial assistance and medical
assistance program funds |
Human Resources Code § 31.040 and
Human Resources Code § 32.036 |
|
Partnership Property |
Partner’s interest in partnership property
is not transferable |
Revised Statutes, Title 105, Chapter 1, Article 6132b-5.01
|
|
Unemployment Compensation |
|
Labor Code § 207.075 |
|
Wages |
Current wages for personal services,
exclusive of commissions and court ordered child support |
Property Code § 42.001(b)(1) |
|
ASSET |
DESCRIPTION |
STATUTE |
|
Alimony |
Alimony and child support needed for
support |
11 U.S.C. § 522(d)(10)(D) |
|
Homestead |
Real property, including co-op or mobile
home, to $17,425 |
11 U.S.C. § 522(d)(1) (dollar amounts adjusted
pursuant to
11 U.S.C. § 104(b)) |
|
Insurance |
Disability, illness or unemployment
benefits |
11 U.S.C. § 522(d)(10)(C) |
|
Insurance |
Life insurance payments for person who
depend on debtor, needed for support |
11 U.S.C. § 522(d)(11)(C) |
|
Insurance |
Life insurance policy with a loan value, in
accrued dividends or interest, to $9,300 |
11 U.S.C. § 522(d)(8) (dollar amounts adjusted
pursuant to
11 U.S.C. § 104(b)) |
|
Insurance |
Unmatured life insurance contract, except
credit insurance policy |
11 U.S.C. § 522(d)(7) |
|
Pensions |
ERISA qualified benefits needed for the
support of the debtor and the debtor’s dependents |
11 U.S.C. § 522(d)(10)(E) |
|
Personal Property |
Animals, crops, clothing, appliances,
books, furnishings, household goods, musical instruments to $450
per item, $9,300 total |
11 U.S.C. § 522(d)(3) (dollar amounts adjusted
pursuant to
11 U.S.C. § 104(b)) |
|
Personal Property |
Health aids |
11 U.S.C. § 522(d)(9) |
|
Personal Property |
Jewelry to $1,150 |
11 U.S.C. § 522(d)(3) (dollar amounts adjusted
pursuant to
11 U.S.C. § 104(b)) |
|
Personal Property |
Lost earnings |
11 U.S.C. § 522(d)(11)(E) |
|
Personal Property |
Motor vehicle to $2,775 |
11 U.S.C. § 522(d)(2) (dollar amounts adjusted
pursuant to
11 U.S.C. § 104(b)) |
|
Personal Property |
Personal injury recoveries to $17,425
exclusive of pain and suffering loss |
11 U.S.C. § 522(d)(11)(D) (dollar amounts
adjusted pursuant to
11 U.S.C. § 104(b)) |
|
Personal Property |
Wrongful death recoveries for person upon
whom the debtor depended upon |
11 U.S.C. § 522(d)(11)(B) |
|
Public Benefits |
Crime victim compensation |
11 U.S.C. § 522(d)(11)(A) |
|
Public Benefits |
Public assistance |
11 U.S.C. § 522(d)(10)(A) |
|
Public Benefits |
Social security |
11 U.S.C. § 522(d)(10)(A) |
|
Public Benefits |
Unemployment compensation |
11 U.S.C. § 522(d)(10)(A) |
|
Public Benefits |
Veteran's benefits |
11 U.S.C. § 522(d)(10)(A) |
|
Tools of the Trade |
Implements, books, and tools of the trade
to $1,750 |
11 U.S.C. § 522(d)(6) (dollar amounts adjusted
pursuant to
11 U.S.C. § 104(b)) |
|
Wild Card |
Any asset to $925 plus up to $8,725 of any
unused portion of the homestead exemption pursuant to this
section or
11 U.S.C. § 522(d)(1). |
11 U.S.C. § 522(d)(11)(D) (dollar amounts
adjusted pursuant to
11 U.S.C. § 104(b)) |
