Texas Bankruptcy Exemptions

On this page you can find all of the exemptions for Texas. Exemptions are the property that you can keep when you file bankruptcy.

CATEGORY
PROPERTY
AMOUNT
STATUTE
Homestead
Homestead (must be used as rural or urban home or as a place to exercise a calling or business in urban area)
Unlimted value for 200 acres for family (100 acres for single adult) of rural land OR up to 10 acres of urban land in one or more contiguous lots. Includes improvements.
Constitution Art. 16, §§ 50, 51 Property Code §§ 41.001, 41.002
Motor Vehicle
One motor vehicle (2,3, or 4 wheeled) for each family member with driver’s license or who relies on another to operate vehicle
100%
Prop. Code §§ 42.001(a), 42.002(a)(9)
Wages / Wage Garnishment
Unpaid commissions for personal services
$15,000 for debtor who is a family member $7,500 for single non family-member, adult
Property Code § 42.001(d)
Wages / Wage Garnishment
Current wages for personal services
100% (child support claims excepted)
Property Code § 42.001(b)(1)
Insurance
Texas employee uniform group insurance
100%
Ins. Code § 1551-011
Insurance
Fraternal Benefit Society benefits
100%
Ins. Code § 885.316
Insurance
Benefits paid under life, health or accident insurance policies
100%
Ins. Code. § 1551.011 1108.051
Insurance
Employees group life insurance benefits & contributions
100%
Ins. Code arts. 3.50-2, § 10; 3.50, § 9
Insurance
Life insurance and annuity proceeds, including cash value
100%
Ins. Code § 1108.001 and § 1108.51
Personal Property
Home furnishings, including family heirlooms and Bible
100%
Prop. Code §§ 42.001(a), 42.002(a)(1), 42.001(b)(4)
Personal Property
Professionally prescribed health aids
100%
Property Code § 42.001(b)(2)
Personal Property
Household pets
100%
Prop Code §§ 42.001(a),42.002(a)(11)
Personal Property
Lots held as burying grounds
100%
Property Code § 41.001(a)
Personal Property
Certain livestock and poultry
100%
Property Code §§ 42.001(a), 42.002(a)(10)
Personal Property
Athletic and sporting equipment, including bicycles
100%
Prop. Code §§ 42.001(a), 42.002(a)(8)
Personal Property
Two firearms
100%
Prop. Code §§ 42.001(a), 42.002(a)(7)
Personal Property
Jewelry
$15,000 for debtor who is a family member 7,500 for single non family-member adult
Prop. Code §§ 42.001(a), 42.002(a)(6)
Personal Property
Wearing apparel
100%
Prop. Code §§ 42.001(a), 42.002(a)(5)
Pensions / Retirement Accounts
Texas State College or University Employee Benefits
100%
Ins. Code § 1601-008
Pensions / Retirement Accounts
State employees retirement & pension benefits
100%
Government Code § 811.005
Pensions / Retirement Accounts
Proceeds and assets of tax-qualified personal or corporate retirement plans and IRAs and Health Savings Accounts
100% of qualified amounts
Property Code § 42.0021
Pensions / Retirement Accounts
Public School employees insurance benefits and contribution
100%
Insurance Code § 1551.011
Pensions / Retirement Accounts
Teachers pension & retirement benefits
100%
VACS Title 110B, § 31.005 Government Code § 821.005
Pensions / Retirement Accounts
Police, firemen & fire alarm operators pension, relief & retirement benefits
100%
VACS arts. 6243a-1 § 8.03, 6243b § 15, 6243d-1 § 17, 6243e § 5, 6243e.1 § 1.04, 6243e.2(1) § 15, 6243g-1 § 23B, 6243j § 20, 6243o § 1.05
Pensions / Retirement Accounts
Municipal employees retirement benefits
100%
Government Code § 851.006
Pensions / Retirement Accounts
County & district employees pension & retirement benefits
100%
Government Code § 841.006
Pensions / Retirement Accounts
Law enforcement officers' survivors benefits
100%
Government Code § 615.005
Pensions / Retirement Accounts
Judicial system retirement benefits
100%
Government Code § 831.004
Tools of the Trade
Tools, equipment, books, and apparatus, used in a trade or profession
100% (includes boats and motor vehicles)
Prop. Code §§ 42.001(a), 42.002(a)(4)
Tools of the Trade
Farming or ranching vehicles and implements
100%
Prop. Code §§ 42.001(a), 42.002(a)(3)
Public Benefits
Crime victim’s compensation
100%
Code Crim. Proc. § 56.49
Public Benefits
Medical assistance payments to needy
100%
Human Resources Code § 32.036
Public Benefits
Public assistance benefits
100%
Human Resources Code § 31.040
Public Benefits
Workmen's compensation benefits
100%
Labor Code § 408.201
Public Benefits
Unemployment compensation benefits
100%
Labor Code § 207.075
Miscellaneous
Proceeds of voluntary sale of homestead (good for 6 months after sale)
same as for homestead that was sold
Property Code § 41.001(c)
Miscellaneous
Survivorship rights in homestead property
100% of homestead rights
Prob. Code §270,272, 284
Miscellaneous
Spouse’s separate property or sole management and community property of a non-debtor
100%
11 USC §541(c)(2) Family Code § 3.202
Miscellaneous
Real property of the state
100%
Property Code § 43.002
Miscellaneous
Public libraries
100%
Property Code § 43.001
Miscellaneous
Partner’s interest in partnership property
100% (See Statute)
Bus. Org. Code § 153.256
Miscellaneous
Provisions for consumption
100%
Prop. Code §§ 42.001(a), 42.002(a)(2)
Miscellaneous
Alimony, maintenance or support
100%
Property Code § 42.001(b)(3)
Tuition Savings Account
Assets in & benefits from Texas College Savings Plans & prepaid tuition
100%
Property Code § 42.0022 & Ed. Code §54.709(e) & 54.639

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