Foreclosure Lawyer

Texas Bankruptcy Exemptions

TEXAS STATE EXEMPTION STATUTES

Below is a list outlining the exemptions allowed for residents of the State of Texas. It is important to note that not all exemptions listed below may be applicable to you based on your individual circumstances. Depending on your situation you may be required to use Federal Bankruptcy Exemptions instead. We understand Bankruptcy rules and regulations can be confusing so please don't hesitate to contact us with any questions you may have.
 

ASSET EXEMPTION
Homestead
  • Unlimited; property cannot exceed 1 acre in town, village, city or 100 acres (200 acres for families) elsewhere; sale proceeds exempt for 6 months after sale (need not occupy if not acquire another home, Property 41.003) - If you have not been a Texas resident for at least 2 years of if you purchased the property within 1215 days (3.3 years) prior to filing bankruptcy you will not be eligible for this exemption. Instead you can use the Federal exemption
  • May file homestead declaration
Insurance
  • Church benefit plan benefits 
  • Fraternal benefit society benefits 
  • Life, health, accident or annuity benefits or monies, including policy proceeds and cash values to be paid or rendered to  beneficiary or insured 
  • Life insurance present value if beneficiary is debtor or debtor’s dependent (see note under personal property)
  • Retired public school employees group insurance 
  • Texas employee uniform group insurance 
  • Texas state college or university employee benefit
Miscellaneous
  • Property of business partnership
Pensions
  • County & district employees 
  • ERISA-qualified government or church benefits, including Keoghs and IRAs
  • Firefighters
  • IRAs to extent tax-deferred
  • Judges 
  • Keoghs to extent tax-deferred 
  • Law enforcement officers’ survivors 
  • Municipal employees
  • Police officers
  • Retirement benefits to extent tax-deferred 
  • State employees 
  • Teachers
Personal Property
  • Athletic and sporting equipment, including bicycles; 2 firearms; home furnishings, including family heirlooms; food; clothing; jewelry (not to exceed 25% of total exemption); 1 two-, three- or four wheeled motor vehicle per member of family or single adult who holds a driver’s license (or who operates vehicle for someone else who does not have a license); 2 horses, mules or donkeys and a saddle, blanket and bridle for each; 12 head of cattle; 60 head of other types of livestock; 120 fowl; and pets to $30,000 total ($60,000 for head of family) 
  • Burial plots 
  • Health aids
Public Benefits
  • Crime victims’ compensation 
  • Medical assistance 
  • Public assistance 
  • Unemployment compensation 
  • Workers’ compensation
Tools of Trade
  • Farming or ranching vehicles and implements 
  • Tools, equipment (includes boat & motor vehicles) & books
Wages
  • Earned but unpaid wages 
  • Unpaid commissions to 75% (see personal property)
Wildcards
  • No exemption