{"id":286923,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/chapter-13\/exempt-property-in-a-chapter-13-bankruptcy.html"},"modified":"2025-08-14T15:43:11","modified_gmt":"2025-08-14T20:43:11","slug":"exempt-property-in-a-chapter-13-bankruptcy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/chapter-13\/exempt-property-in-a-chapter-13-bankruptcy.html","title":{"rendered":"Exempt Property in a Chapter 13 Bankruptcy"},"content":{"rendered":"\n
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Exempt Property in a Chapter 13 Bankruptcy<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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In a Chapter 13 bankruptcy, it’s possible to\u00a0keep much of\u00a0your property. Unlike Chapter 7 bankruptcy (liquidation), you must propose a repayment plan that pays unsecured creditors at least the value of your non-exempt assets. Exempt property is set by federal or state law and typically includes your primary residence, a motor vehicle, household goods and furniture, personal items like clothing and electronics, jewelry, certain \u201ctools of the trade,” some insurance and pension benefits, and protected public benefits (e.g., Social Security, unemployment, and disability).<\/i><\/p>\n\n <\/div>\n\n\n\n

This article explains\u00a0the difference between non-exempt and exempt assets in a\u00a0Chapter 13 bankruptcy case<\/a>. It also explores\u00a0what happens to your property when you file for Chapter 13. It concludes with a discussion about\u00a0how debtors create a repayment plan that meets the Bankruptcy Code’s legal requirements.<\/p>\n

If you are considering filing for bankruptcy,\u00a0consider meeting\u00a0with an\u00a0experienced bankruptcy attorney<\/a>\u00a0before filing your petition. It’s not something you want to make a mistake with.<\/p>\n

Your Assets and Your Chapter 13 Repayment Plan<\/h2>\n

Your property plays a vital role in your Chapter 13 bankruptcy case. For example, the value of a filer’s\u00a0non-exempt property<\/a>\u00a0establishes a framework for your repayment plan.<\/p>\n

If you own non-exempt property worth a particular amount, you must pay at least that much to your unsecured creditors in your\u00a0Chapter 13 plan<\/a>.\u00a0For this reason, it’s important for bankruptcy filers to understand the\u00a0property exemption laws<\/a>\u00a0in their jurisdiction, what exemptions they can claim, and how to claim them.<\/p>\n

Types of Exempt Property<\/h2>\n

State and\u00a0federal laws<\/a>\u00a0dictate the exemptions available to a Chapter 13 bankruptcy filer. State laws not only dictate the possible exemptions but also limit the amount of the exemptions.<\/p>\n

The following assets are typically exempt in a\u00a0Chapter 13 bankruptcy case<\/a>:<\/p>\n