Louisiana is typically an opt-out state, so most filers use **Louisiana**-specific exemptions in bankruptcy. Certain federal protections (like Social Security or ERISA-qualified pensions) can still apply. Below is a summary of common **Louisiana** exemptions, with references to relevant laws. Always confirm with a licensed attorney or the **Louisiana Revised Statutes**, as laws and interpretations can change.
Asset / Type of Property | Exemption Description | Statute / Code | Notes |
---|---|---|---|
Homestead | Property you occupy, up to **\$35,000** in equity; cannot exceed **5 acres** in a city or **200 acres** outside a city. Surviving spouse or child of deceased owner can claim it; spouse awarded home in divorce also retains homestead. | La. R.S. 20:1 | |
Fraternal Benefit Society Benefits | Fully exempt. | La. R.S. 22:558 | |
Group Insurance Policies / Proceeds | Fully exempt. | La. R.S. 22:649 | |
Health, Accident, Disability Proceeds | Fully exempt. | La. R.S. 22:646 | |
Life Insurance Proceeds / Avails | If policy issued within 9 months of bankruptcy, only up to **\$35,000** exempt. Otherwise fully exempt if beneficiary is someone other than insured, or if policy has an anti-creditor clause. | La. R.S. 22:647, 22:646, 22:558 | 22:647 includes the 9-month limit. |
Property of Minor Child | Exempt from claims against parents in some cases. | La. C.C. 223; La. R.S. 13:3881(A)(3) | |
Gratuitous Payments to Employee or Heirs | Exempt whenever paid. | La. R.S. 20:33(2) | |
ERISA-Qualified Benefits | Exempt if contributions made at least 1 year before bankruptcy. | La. R.S. 13:388D(1), 20:33(4) | |
Household Items (Arms, Military Accouterments, Bedding, etc.) | Covers a broad range of household necessities: linens, furniture, utensils, clothing, family portraits, musical instruments, fridge, freezer, stove, washer/dryer, 1 cow, household pets, etc. | La. R.S. 13:3881(A)(4) | |
Cemetery Plot, Monuments | Fully exempt. | La. R.S. 8:313 | |
Engagement & Wedding Rings | Up to \$5,000 total value. | La. R.S. 13:3881(A)(5) | |
Aid to Blind, Aged, Disabled, AFDC | Fully exempt. | La. R.S. 46:111 | |
Crime Victims’ Compensation | Fully exempt. | La. R.S. 46:1811 | |
Unemployment Compensation | Fully exempt. | La. R.S. 23:1693 | |
Workers’ Compensation | Fully exempt. | La. R.S. 23:1205 | |
Tools, Instruments, Books, Pickup Truck (max 3 tons), Non-Luxury Car, Trailer | Exempt if **needed** for your occupation. | La. R.S. 13:3881(A)(2) | |
Wages | Minimum 75% of earned but unpaid wages exempt; judge may allow more if low-income debtor. | La. R.S. 13:3881(A)(1) | |
Wildcard | None specified in Louisiana law. | -- |
This list is for general informational purposes only and may not reflect current legislative updates or local court rulings. It does not constitute legal advice. Always consult a licensed Louisiana bankruptcy attorney to verify these exemption amounts and determine applicability to your specific situation.