Ohio is an opt-out state, meaning most bankruptcy filers use **Ohio**-specific exemptions rather than the federal set (but certain federal protections for Social Security, ERISA retirement, etc., still apply). Below is a summary of key Ohio bankruptcy exemptions you provided, along with references to the **Ohio Revised Code**. Always confirm with a licensed Ohio bankruptcy attorney or the official statutes for the most up-to-date amounts and procedures.
Amount: Up to \$182,625 of equity in real or personal property used as a residence (house, condo, mobile home) for each filer who resides in the property. (Ohio Rev. Code § 2329.66.)
If you own your home outright or have substantial equity, the homestead exemption protects that equity up to the stated limit. Because your home is likely your most valuable asset, you might wish to consult with a bankruptcy lawyer to ensure you can protect it.
Amount: Up to \$5,025 of equity in one vehicle. (Ohio Rev. Code Ann. § 2329.66(A)(2).)
If your vehicle is financed, you must still meet certain requirements to keep it. In Chapter 7, you can usually protect a car with limited equity under this exemption.
Amount: Up to \$1,675 in any property of your choice. (Ohio Rev. Code Ann. § 2329.66(A)(18).)
A wildcard exemption allows you to protect items not covered by more specific exemptions. You can also add the wildcard to another exemption to increase protection for a single asset.
Many tax-exempt pensions and retirement accounts are fully exempt under federal law (11 U.S.C. §§ 522(b)(3)(C), (n)). These typically include 401(k), 403(b), SEP, SIMPLE IRAs, and more, up to\$1,711,975 per person for cases filed between April 1, 2025, and March 31, 2028. The federal limit adjusts periodically.
Ohio also provides additional protections for:
If your retirement account is tax-exempt, it’s generally safe. Always double-check with your plan administrator or an attorney.
| Type of Asset | Exemption Description | Amount/Details | Statute |
|---|---|---|---|
| Cash on Hand or Deposit | Exempts a small amount of cash in bank accounts or on hand | Up to \$625 | 2329.66(A)(3) |
| Household Goods & Furnishings | Appliances, furnishings, up to \$800 per item | \$16,850 total value | 2329.66(A)(4)(a) |
| Jewelry | Personal adornment or jewelry | \$2,125 total | 2329.66(A)(4)(b) |
| Burial Lot | Interest in one burial lot | Fully exempt | 2329.66(A)(8) |
| Personal Injury Award (Within 12 Mos.) | Protects a portion of recent personal injury recoveries | \$31,650 (2329.66(A)(12)(c)) | 2329.66(A)(12)(c) |
| Tools of Trade | Implements, books, tools, equipment for your occupation | \$3,200 (some references vary) | 2329.66(A)(5) or (A)(14) |
| Spousal or Child Support | Support payments needed for family | Exempt to extent reasonably necessary | 2329.66(A)(10)(b) |
| 75% of Wages | Generally protects 75% of earned but unpaid wages | Minimum 75% | 2329.66(A)(13)(b) |
| 529 Savings Plans | Protects certain college savings up to a limit | Varies | 2329.66(A)(10)(e) |
| Crime Victim’s Compensation (12 mos.) | Compensation received within 12 months | Fully exempt | 2329.66(A)(12)(a), 2743.66(D) |
| Disability Assistance Payments | Public assistance for disabled | Fully exempt | 2329.66(A)(9)(f); 5115.07 |
| EITC & Child Tax Credit | Earned income & child tax credits | Fully exempt | 2329.66(A)(9)(g) |
| Unemployment Compensation | Fully exempt from garnishment | No limit | 2329.66(A)(9)(c) |
| Vocational Rehabilitation Benefits | Assistance for job training or rehab | Fully exempt | 2329.66(A)(9)(a); 3304.19 |
| Workers’ Compensation Benefits | Payments from workers’ comp claims | Fully exempt | 2329.66(A)(9)(b) |
In Chapter 7 bankruptcy, the trustee may sell nonexempt property and distribute the proceeds to creditors. InChapter 13, you can keep all property, but you’ll pay the value of any nonexempt assets to unsecured creditors through the repayment plan.
Example: If you can’t fully exempt your motorcycle worth \$5,000, a Chapter 7 trustee might sell it (unless it’s covered by your wildcard or other exemption). In Chapter 13, you’d keep the motorcycle but pay an extra \$5,000 to unsecured creditors over the life of the plan.
You must have lived in Ohio for at least 730 days (two years) before filing to use Ohio’s exemptions. Otherwise, you’d apply the exemption laws of the state where you lived the longest during the 180-day period prior to the two-year mark. (11 U.S.C. § 522(b)(3)(A).)
Mistakes in claiming exemptions (like mis-categorizing property) can lead to losing the property or disputes with the trustee. Bankruptcy fraud is serious—always provide correct information. If an exemption is questionable, the trustee may file an objection and the judge decides if the property is exempt or not.
Chapter 7 typically completes in ~4 months,Chapter 13 takes 3-5 years. Filing fees are \$338 for Chapter 7, \$313 for Chapter 13. Attorney fees range widely (\$1,500-\$2,500+ for Chapter 7, more for Chapter 13).
This page is provided for informational purposes only and does not constitute legal advice. Exemption amounts and laws can be updated by legislation or court rulings. Always consult a licensed Ohio bankruptcy attorney or check the official Ohio Revised Code for the latest, most accurate information about your specific situation.