Oregon Bankruptcy Exemptions
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Written by
Jeffrey Johnson
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UPDATED: Nov 13, 2020
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Federal bankruptcy exemptions available? NO
Though not included in Oregon’s statutory homestead exemption, a court has held that Oregon residents can exempt prepaid rent and security deposits for their residences.
The references to Oregon statutes are to the Oregon Revised Statutes.
Resources:
United States Bankruptcy Court, District of Oregon
743.049
| Oregon Bankruptcy Exemptions | ||
|---|---|---|
| Assets | Exemption | State Statute |
| Homestead | Real property that the debtor occupies or intends to occupy: up to $40,000 for 1 person; up to $50,000 for joint owners. Property size limited to 1 block in town or city or 160 acres outside of incorporated area. | 18.395; 18.402 |
| Mobile home on property owned by the debtor or houseboat: up to $23,000 for 1 person; up to $30,000 for joint owners. Property size limitations above apply. | 18.402 | |
| Proceeds from sale: all for 1 year after receipt if debtor intends to buy another residence. | 18.395 | |
| Real property of a soldier or sailor in time of war: all. | 408.44 | |
| Insurance | Benefits from a fraternal benefit society: up to $7,500 | 18.348; 748.207 |
| Life insurance cash value/proceeds: all if the insured is not the debtor. | 743.046; 743.047 | |
| Life insurance (group) policy/proceeds: all payable to someone other than the insured. | 743.047 | |
| Annuity contract: up to $500 per month in benefits. | ||
| Disability or health proceeds/avails: all. | 743.050 | |
| Miscellaneous | Child support and alimony: all necessary for support. | 18.345(1)(i) |
| Liquor licenses: all. | 471.292(1) | |
| Pensions | Federal pension exemptions. | |
| IRAs, SEPs, and other ERISA-qualified benefit payments: up to $7500. | 18.348; 18.358 | |
| Pension payments for public officers and employees: up to $7,500. | 18. 348(2); 237.980; 238.445 | |
| Personal Property | Books, pictures, and musical instruments: up to $600 total. | 18.345(1)(a), (3) |
| Personal items including clothing and jewelry: up to $1,800 total. | 18.345(1)(b), (3) | |
| Motor vehicle: up to $3,000. | 18.345(1)(d)(3), (3) | |
| Pets and other domestic animals and poultry: up to $1,000 plus enough food to last 60 days. | 18.345(1)(e) | |
| Household items including furniture, utensils, televisions, and radios: up to $3,000 total. | 18.345(1)(f) | |
| Food and fuel: enough to last 60 days for a debtor who is a householder. | 18.345(1)(f) | |
| Health aids: all professionally prescribed. | 18.345(1)(h) | |
| Recoveries for personal injury: up to $10,000. | 18.345(1)(k)(3) | |
| Federal tax credits for earned income: all. | 18.345(1)(n) | |
| Lost earning compensation payments for the debtor or someone the debtor depends on: all necessary. | 18.345(1)(L); (3) | |
| Cash from sold exempt property: all. | 18.345(2) | |
| Bank deposits: up to $7,500. | 18.348 | |
| Savings account for higher education: up to $7,500. | 18.348(1); 348.863 | |
| Guns, including pistol, rifle, or shotgun: up to $1,000 for debtor over 16. | 18.362 | |
| Burial plot: all. | 97.675 | |
| Building material intended for construction of an improvement: all. | 87.075 | |
| Public Benefits | Crime victim’s compensation benefits: all. | 18.345(1)(j), (3); 147.325 |
| Vocational rehabilitation benefits: up to $7,500. | 18.348; 344.580 | |
| Civil defense and disaster relief benefits: all. | 18.348; 401.405 | |
| Blind aid: up to $7,500. | 18.348; 411.706; 411.760 | |
| Disability benefits: up to $7,500. | 18.348; 411.706; 411.760 | |
| Old age assistance benefits: up to $7,500. | 18.348; 411.706; 411.760 | |
| General assistance benefits: up to $7,500. | 18.348; 411.760 | |
| Medical assistance: up to $7,500. | 18.348; 414.095 | |
| Benefits for injured inmates: up to $7,500. | 18.348; 655.530 | |
| Workers’ compensation benefits: up to $7,500. | 18.348; 656.234 | |
| Unemployment compensation benefits: up to $7,500. | 18.348; 657.855 | |
| Veteran’s benefits and proceeds from Veteran’s loans: all. | 18.348(m); 407.125; 407.595 | |
| Tools of Your Trade | Library, tools, team of animals with feed to last 60 days: up to $5,000. | 18.345(1)(c), (3) |
| Wages | Wages: at least 75% of disposable weekly wage. The bankruptcy judge may allow a larger exemption for a low-income debtor. | 18.385 |
| Wages withheld for state employee bond savings account: all. | 292.070 | |
| Wildcard | Personal property not covered by other exemption: up to $400. | 18.345 |