Texas Bankruptcy Exemptions
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Written by
Jeffrey Johnson
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UPDATED: Nov 13, 2020
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Federal bankruptcy exemptionsavailable? YES
Texas has two sets of statutes, the Texas Codes and the Texas Revised Civil Statutes (TRCS). Citations below are to a specific code or to TRCS.
Resources:
United States Bankruptcy Court, Eastern District of Texas
United States Bankruptcy Court, Northern District of Texas
United States Bankruptcy Court, Southern District of Texas
United States Bankruptcy Court, Western District of Texas
| Texas Bankruptcy Exemptions | ||
|---|---|---|
| Assets | Exemption | State Statute |
| Homestead | Property: all for up to 10 acres in a town, village, or city, or up to 100 acres for a single person and 200 acres for a family outside of a town, village, or city. Proceeds from the sale of homestead are exempt for 6 months after sale.< | Constitution Art. 16 §§ 50, 51; Property 41.001, 41.002 |
| Court will charge the debtor for filing a homestead declaration if the debtor fails to file one. | Property 41.005(f), 41.021–41.023 | |
| Insurance | Benefits from church benefit plan: all. | TRCS 1407a(6) |
| Benefits from fraternal benefit society: all. | Insurance 885.316 | |
| Life, health, or accident insurance or annuity contract, including benefits, proceeds, monies, and cash value: all. | Insurance 1108.051 | |
| Uniform group insurance for Texas employees: all. | Insurance 1551.011 | |
| Group insurance for Texas public school employees: all. | Insurance 1575.006 | |
| Employee benefits for Texas state college/university employees: all. | Insurance 1601.008 | |
| Miscellaneous | Business partnership property: all. | TRCS 6132b-5.01 |
| Liquor license and permits: all. | Alcoholic Beverage 11.03 | |
| Tuition plans (prepaid): all. | Education 54.639 | |
| Savings plan trust accounts for higher education: all. | Education 54.709(e) | |
| Child support and alimony: all. | Property 42.001(b)(3) | |
| Pensions | Federal pension exemptions. | |
| Police officer pensions: all. | TRCS 6243a-1(8.03); 6243b(15); 6243d(17); 6243j(20) | |
| Firefighter pensions: all. | TRCS 6243a-1(8.03); 6243b(15); 6243e(5); 6243e.1(1.04) | |
| Municipal and state employees and elected official pensions: all. | TRCS 6243h(22); Government 811.005 | |
| Pensions for law enforcement officers and employees, government mental health workers, firefighters, emergency medical personnel, or survivors of any of these: all. | Government 615.005 | |
| County or district employees pensions: all. | Government 811.006 | |
| Teacher pensions: all. | Government 821.005 | |
| Judge pensions: all. | Government 831.004 | |
| ERISA-qualified governement and church benefits (such as IRAs and Keoghs): all. | Property 42.0021 | |
| Tax-deferred retirement benefits: all. | Property 42.0021 | |
| Personal Property | Total amount of all personal property exemptions (including tools of your trade): up to $30,000 for a single person, up to $60,000 for a family. | Property 42.001(a)(1), (2) |
| Burial plot: all, exempt from the total personal property exemptions. | Property 42.001 | |
| Health aids: all, exempt from the total personal property exemptions. | Property 42.001(b)(2) | |
| Furnishings and family heirlooms: included in total personal property exemptions. | Property 42.002(a)(1) | |
| Food and clothing: included in total personal property exemptions. | Property 42.002(a)(2), (5) | |
| Jewelry: cannot make up more than 25% of total personal property exemptions. | Property 42.002(a)(6) | |
| Firearms: up to to 2, included in total personal property exemptions. | Property 42.002(a)(7) | |
| Sporting equipment, including bicycles: included in total personal property exemptions. | Property 42.002(a)(8) | |
| Motor vehicles (includes 2-, 3-, or 4-wheeled): 1 for each family member with a license or who relies on someone else to drive; included in total personal property exemptions. | Property 42.002(a)(9) | |
| Pets and other domesic animals, including food and tack: unlimited pets; up to 2 horses, mules, or donkeys; up to 12 head of cattle; up to 60 head of other lifestock; up to 120 fowl; included in total personal property exemptions. | Property 42. 002(a)(10), (11) | |
| Health savings accounts: all, exempt from the total personal property exemptions. | Property 42.0021 | |
| Public Benefits | Compensation for crime victims: all. | Criminal Procedure 56.49 |
| Public assistance benefits: all. | Human Resources 31.040 | |
| Medical assistance: all. | Human Resources 32.036 | |
| Unemployment compensation benefits: all. | Labor 207.075 | |
| Workers’ compensation benefits: all. | Labor 408.201 | |
| Tools of Your Trade | Vehicles and implements used for farming or ranching: included in total personal property exemptions (above). | Property 42.002(a)(1) |
| Vehicles (including boats), equipment, tools, books used in trade: included in total personal property exemptions (above). | Property 42.001(a)(4) | |
| Wages | Wages that have been earned, but not yet paid: all. | Property 42.001(b)(1) |
| Commissions that have been earned, but not yet paid: up to 25% of the total personal property exemptions. | Property 42.001(d) | |
| Wildcard | No exemption. | |
Click here to read an Introduction to Bankruptcy Exemptions.