Table of ContentsIndiana Bankruptcy Exemptions: Can I keep my property? If you don’t live in or near Indiana, you may only have a vague picture of a state with miles of farmland that hosts the annual Indianapolis 500 auto race. In fact, Indiana is filled with attractions and boasts diverse industries. A discussion of Indiana’s charms would not be complete without a mention of Brown County, a destination spot where tourists stay days at a time for theater, musical events, hiking and boutique-hopping. Some prefer to visit Indiana’s historical sites, including the Benjamin Harrison Presidential Site and the Connor Prairie Interactive History Park, which reconstructs an 1836 prairie town. And for relaxation, Indiana has a great outdoor scene, like Marengo Cave and the Indiana Dunes State Park. On the economic side, Indiana was ranked 35th for per capita personal income (PCPI) at $43,492, which is 88% of the national average, in 2016. However, the PCPI grew 3.6% from 2015 to 2016, which is a greater increase than the national average of 2.9%. The largest industry in the state is durable goods manufacturing, which makes up 16% of Indiana’s GDP. However, this industry only saw a 0.5% grow from 2015 to 2016. Of course, as in the rest of the nation, many in Indiana find it necessary to file bankruptcy. Nearly 23,000 residents filed bankruptcy in 2016, according to statistics from the Northern and Southern districts. Let’s explore what you need to know about bankruptcy exemptions if you are one of these filers in Indiana. Indiana Bankruptcy Exemptions: Can I keep my property? The U.S. Bankruptcy Code provides a list of exemptions, but each state can also establish their own list of exemptions. Now here’s the key: some states allow filers to choose whether to use the federal or state exemptions, and others insist that filers use the state exemptions. These latter states are known as “opt-out” states, and this is where Indiana falls. If you file in Indiana, you must use the Indiana bankruptcy exemptions and may not use the federal exemptions — except for some specific federal exemptions that you may use in conjunction with the state exemptions. If you are married and file a joint bankruptcy with your spouse, you can double the exemption amount for any property as long as you both have an ownership interest. Let’s take a look at some of the important Indiana exemptions. Please note that these amounts may change regularly, so it’s important to consult with an Indiana bankruptcy attorney before you file to determine your best use of exemptions. Indiana Bankruptcy Exemptions The top 5 exemptions under Indiana state law. Type of exemptionIndiana law Homestead$19,300, doubled if married Personal propertyIntangible personal property up to $400, plus health aids; a $10,250 wildcard exemption can be applied to any tangible personal property or nonresidential real estate VehicleNone, but filers can apply the wildcard exemption Wages75% of earned but unpaid disposable weekly income, or 30 times the federal hourly minimum wage Pension/retirementThe portion the filer contributed to his or her retirement account is exempt; public employee pensions plus benefits for lawmakers and teachers also are exempt Indiana Homestead Exemption Under Ind. Code §34-55-10-2(c)(1), Indiana gives you a homestead exemption in the amount of $19,300 for your home or principal residence. This can be doubled for married filers. Any interest in real estate held as a tenant by the entirety also is exempt, unless both owners are bankrupt. Insurance Benefits Fraternal benefit society benefits are 100% exempt under Ind. Code § 27-11-6-3. Life insurance policies that name the insured spouse, children and dependent relatives are exempt under Ind. Code §§ 27-1-12-14; 27-1-12-29, 27-2-5-1; 27-8-3-23. Motor Vehicles There is no motor vehicle exemption in Indiana. However, you can use the wildcard exemption (addressed below) to protect your car. Pension and Retirement Benefits Retirement plans for the portion the debtor contributed are exempt under IC 34-55-10-2(c)(6) Pensions for public employees are exempt under Ind. Code § 5-10.3-8-9. Benefit plans for legislators and retirement benefits for teachers are exempt under Ind. Code §§ 2-3.5-4-11; 2-3.5-5-9; 5-10.3-8-9; 5-10.4-5-14. Pension fund for firefighters and police are exempt under Ind. Code §§ 36-8-7.5-19; 36-8-7.5-22. Personal Property You are allowed to exempt intangible personal property up to $400 under Ind. Code § 34-55-10-2. All health aids are exempt under Ind. Code § 34-55-10-2(c)(3). Unemployment and Workers’ Compensation Unemployment compensation benefits are exempt until received by the debtor under Ind. Code § 22-4-33-3. All workers’ compensation benefits are exempt except for child support claims under Ind. Code § 22-3-2-17. Wages Indiana’s wage garnishment law (Ind. Code Ann. § 24-4.5-5-105) is a minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage. A judge may authorize a higher amount for low-income earners. Wildcard Exemption Indiana gives you a wildcard exemption you can use for any tangible personal property or nonresidential real estate up to $10,250 under Ind. Code §34-55-10-2(c)(2).. As previously mentioned, this may be used for a motor vehicle. FacebookPinTweetEmail National Bankruptcy Forum Help us match you with a local attorney Free Bankruptcy Evaluation "*" indicates required fields First Name* Last Name* Phone* Email* Δ Leave a Reply Cancel replyYour email address will not be published. Required fields are marked *Comment * Name * Email * Save my name, email, and website in this browser for the next time I comment. Δ
Table of ContentsIndiana Bankruptcy Exemptions: Can I keep my property? If you don’t live in or near Indiana, you may only have a vague picture of a state with miles of farmland that hosts the annual Indianapolis 500 auto race. In fact, Indiana is filled with attractions and boasts diverse industries. A discussion of Indiana’s charms would not be complete without a mention of Brown County, a destination spot where tourists stay days at a time for theater, musical events, hiking and boutique-hopping. Some prefer to visit Indiana’s historical sites, including the Benjamin Harrison Presidential Site and the Connor Prairie Interactive History Park, which reconstructs an 1836 prairie town. And for relaxation, Indiana has a great outdoor scene, like Marengo Cave and the Indiana Dunes State Park. On the economic side, Indiana was ranked 35th for per capita personal income (PCPI) at $43,492, which is 88% of the national average, in 2016. However, the PCPI grew 3.6% from 2015 to 2016, which is a greater increase than the national average of 2.9%. The largest industry in the state is durable goods manufacturing, which makes up 16% of Indiana’s GDP. However, this industry only saw a 0.5% grow from 2015 to 2016. Of course, as in the rest of the nation, many in Indiana find it necessary to file bankruptcy. Nearly 23,000 residents filed bankruptcy in 2016, according to statistics from the Northern and Southern districts. Let’s explore what you need to know about bankruptcy exemptions if you are one of these filers in Indiana. Indiana Bankruptcy Exemptions: Can I keep my property? The U.S. Bankruptcy Code provides a list of exemptions, but each state can also establish their own list of exemptions. Now here’s the key: some states allow filers to choose whether to use the federal or state exemptions, and others insist that filers use the state exemptions. These latter states are known as “opt-out” states, and this is where Indiana falls. If you file in Indiana, you must use the Indiana bankruptcy exemptions and may not use the federal exemptions — except for some specific federal exemptions that you may use in conjunction with the state exemptions. If you are married and file a joint bankruptcy with your spouse, you can double the exemption amount for any property as long as you both have an ownership interest. Let’s take a look at some of the important Indiana exemptions. Please note that these amounts may change regularly, so it’s important to consult with an Indiana bankruptcy attorney before you file to determine your best use of exemptions. Indiana Bankruptcy Exemptions The top 5 exemptions under Indiana state law. Type of exemptionIndiana law Homestead$19,300, doubled if married Personal propertyIntangible personal property up to $400, plus health aids; a $10,250 wildcard exemption can be applied to any tangible personal property or nonresidential real estate VehicleNone, but filers can apply the wildcard exemption Wages75% of earned but unpaid disposable weekly income, or 30 times the federal hourly minimum wage Pension/retirementThe portion the filer contributed to his or her retirement account is exempt; public employee pensions plus benefits for lawmakers and teachers also are exempt Indiana Homestead Exemption Under Ind. Code §34-55-10-2(c)(1), Indiana gives you a homestead exemption in the amount of $19,300 for your home or principal residence. This can be doubled for married filers. Any interest in real estate held as a tenant by the entirety also is exempt, unless both owners are bankrupt. Insurance Benefits Fraternal benefit society benefits are 100% exempt under Ind. Code § 27-11-6-3. Life insurance policies that name the insured spouse, children and dependent relatives are exempt under Ind. Code §§ 27-1-12-14; 27-1-12-29, 27-2-5-1; 27-8-3-23. Motor Vehicles There is no motor vehicle exemption in Indiana. However, you can use the wildcard exemption (addressed below) to protect your car. Pension and Retirement Benefits Retirement plans for the portion the debtor contributed are exempt under IC 34-55-10-2(c)(6) Pensions for public employees are exempt under Ind. Code § 5-10.3-8-9. Benefit plans for legislators and retirement benefits for teachers are exempt under Ind. Code §§ 2-3.5-4-11; 2-3.5-5-9; 5-10.3-8-9; 5-10.4-5-14. Pension fund for firefighters and police are exempt under Ind. Code §§ 36-8-7.5-19; 36-8-7.5-22. Personal Property You are allowed to exempt intangible personal property up to $400 under Ind. Code § 34-55-10-2. All health aids are exempt under Ind. Code § 34-55-10-2(c)(3). Unemployment and Workers’ Compensation Unemployment compensation benefits are exempt until received by the debtor under Ind. Code § 22-4-33-3. All workers’ compensation benefits are exempt except for child support claims under Ind. Code § 22-3-2-17. Wages Indiana’s wage garnishment law (Ind. Code Ann. § 24-4.5-5-105) is a minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage. A judge may authorize a higher amount for low-income earners. Wildcard Exemption Indiana gives you a wildcard exemption you can use for any tangible personal property or nonresidential real estate up to $10,250 under Ind. Code §34-55-10-2(c)(2).. As previously mentioned, this may be used for a motor vehicle.