Alabama Bankruptcy Exemptions

When you file bankruptcy in Alabama, you may be required to use state-specific exemptions, as Alabama is an “opt-out” state. Below is a list of common exemptions, including homestead, personal property, and wages. Always confirm the latest amounts and guidelines with a qualified attorney.

AssetExemption Description / AmountLaw SectionNotes
HomesteadReal property or mobile home up to $5,000 in value; limited to 160 acres. Married couples may double.6-10-2Must record homestead declaration before attempted sale (6-10-20).
Annuity ProceedsExempt up to $250/month27-14-32
Disability ProceedsExempt up to $250/month27-14-31
Fraternal Benefit Society BenefitsFully exempt27-34-27
Life Insurance ProceedsExempt if beneficiary is insured’s spouse or child; or if policy prohibits proceeds from being used to pay beneficiary’s creditors.6-10-8, 27-14-29, 27-15-26
Mutual Aid Association BenefitsFully exempt27-30-25
Property of Business PartnershipExempt from partner’s individual creditors10-8-72 (b)(3)
Judges’ Pensions (Payments Received)Fully exempt12-18-10(a), (b)
Law Enforcement OfficersFully exempt36-21-77
State EmployeesFully exempt36-27-28
TeachersFully exempt16-25-33
Books / Clothing / Family PortraitsExempt if needed6-10-6
Burial Plots / Church PewFully exempt6-10-5
Aid to Blind, Aged, Disabled, AFDCFully exempt38-4-8
Coal Miner’s Pneumoconiosis BenefitsFully exempt25-5-179
Crime Victim’s CompensationFully exempt15-23-15(e)
Southeast Asian War POW BenefitsFully exempt31-7-2
Unemployment CompensationFully exempt24-4-140
Workers’ CompensationFully exempt25-5-86(b)
State Military Uniforms/EquipmentArms, uniforms, equipment required to keep31-2-78
Wages75% of earned but unpaid wages exempt; judge may allow higher for low-income debtors.6-10-7
Wildcard$3,000 of any personal property (except life insurance)6-10-6; In re Morris, 30 B.R. 392 (N.D. Ala. 1983)

Disclaimer

The information provided is for general informational purposes and may not reflect the most recent legal developments. These exemptions can change or be subject to interpretation by local courts. Always consult a licensed attorney for guidance specific to your situation.