Anyone considering filing bankruptcy in Tennessee must understand how Tennessee bankruptcy exemptions work. These exemptions allow individuals to protect certain assets from creditors.Tennessee is an opt-out state, so if you have been domiciled in Tennessee for the last730 days (2 years), you generally must use the exemptions provided in the Tennessee Code Annotated, Title 26, Chapter 2, rather than the federal exemption list in 11 U.S.C. § 522(d). (If you have not lived in Tennessee for the full 730 days, federal choice-of-law rules may point you to another state’s exemptions; and in the rare case that this would leave you with no available exemptions, the Code allows use of the federal § 522(d) set.)
Here’s how these protections work together in real cases—and how to stack them to keep your home, car, tools, and retirement intact.
Tennessee’s exemptions are real shields, not fine print. The homestead exemption can protect up to $35,000 of home equity for one owner—or $52,500 total when joint owners live in the home as their principal residence. Pair that with Tennessee’s powerful $10,000 wildcard (per debtor) and you can often protect the essentials—equity in your car, cash in the bank, even gaps in other categories. We’ll show you exactly how these protections add up in real-world scenarios.
Everyday life stays intact, too. Clothing, basic household goods, family keepsakes, and prescribed health aids are covered, and there’s a $1,900 tools-of-the-trade protection for your work gear. No guesswork—just clear rules you can use to keep what you actually need.
Your future matters most. Most ERISA-qualified retirement plans (like 401(k) and 403(b)) are protected, and IRAs have a generous nationwide cap—$1,711,975 for cases filed April 1, 2025–March 31, 2028—with rollover amounts protected without a dollar limit. As you read on, we’ll map out how to stack exemptions the right way, avoid timing pitfalls (730-day residency and the 1,215-day homestead cap), and come away with a plan that preserves your home, your car, and your retirement.
Bankruptcy exemptions in Tennessee serve a significant role in a debtor's financial recovery. By using these exemptions, you can protect crucial assets during the bankruptcy process.
Exemptions help maintain everyday living necessities so you aren’t left without your essential possessions. In Tennessee, knowing which assets are exempt is extremely important. Exemptions include a range of property types and can cover homes, vehicle equity, and personal belongings.
Here are Tennessee's major exemptions and their amounts:
| Exemption Type | Amount | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | $35,000 (individual); $52,500 combined cap for joint owners. | Tenn. Code Ann. § 26-2-301 | Age/child-based tiers repealed. If married, waiver requires joint consent. Federal 40-month homestead cap may apply if recently acquired. |
| Burial Plot / Family Cemetery | Up to 1 acre (family cemetery) or a burial lot/mausoleum space | Tenn. Code Ann. § 26-2-305 | Exempt from levy/attachment (subject to homestead exceptions). |
| Wildcard (any personal property) | $10,000 aggregate | Tenn. Code Ann. § 26-2-103 | Use to cover otherwise nonexempt items or supplement other categories. |
| Specific Personal Property | Clothing; family pictures/portraits; Bible; certain schoolbooks; prescribed health aids. | Tenn. Code Ann. §§ 26-2-104; 26-2-111(5) | Protected in addition to the wildcard. |
| Wages (earned, unpaid) | Lesser of 25% of disposable earnings or amount over 30× federal minimum wage; plus $2.50/week per dependent child under 16. | Tenn. Code Ann. §§ 26-2-106; 26-2-107 | Applies per pay-period equivalent for non-weekly payrolls. |
| Tools of the Trade | Up to $1,900 (implements, professional books, tools) | Tenn. Code Ann. § 26-2-111(4) | Applies to debtor’s trade or a dependent’s trade. |
| Motor Vehicle (equity) | No standalone vehicle exemption. Protect equity using the $10,000 personal property wildcard (per debtor). | Tenn. Code Ann. § 26-2-103; see § 26-2-112 (opt-out) | Apply wildcard to one or more vehicles. Joint filers may each claim $10,000 (potentially $20,000 total). Equity = fair market value minus liens. |
| Injury & Certain Awards (aggregate) | Aggregate $15,000: up to $5,000 crime-victim award; up to $7,500 personal bodily injury (excluding pain/suffering & pecuniary loss); up to $10,000 wrongful death (if debtor was a dependent). | Tenn. Code Ann. § 26-2-111(2)(A)–(C); (3) | Loss of future earnings protected to the extent reasonably necessary for support. |
| Insurance Benefits | Accident/health/disability benefits; many life-insurance/annuity interests for spouse/dependents; fraternal benefits; homeowners’ proceeds to limited amount. | Tenn. Code Ann. §§ 26-2-110; 56-7-203; 56-25-403 | Verify beneficiary classes and policy terms. |
| Public Benefits & Workers’ Comp | Social Security, unemployment, local public assistance, veterans’ benefits, disability/illness benefits, workers’ comp (subject to support obligations). | Tenn. Code Ann. § 26-2-111(1)(A)–(C); § 50-6-223 | Many are fully exempt; some have program-specific limits. |
The table makes one thing clear: each Tennessee exemption has specific limits, conditions, and timing rules. How you stack them (homestead + wildcard + category protections) often decides whether you keep your home equity, car equity, tools, and cash on hand. Exemptions also shape strategy—whether chapter 7 is cleanly feasible or whether chapter 13’s plan math (best-interest test) is the better path. Because statutes update and case law refines the edges, work with a Tennessee bankruptcy attorney to apply the rules to your facts and avoid avoidable objections or loss of equity.
Tennessee is an opt-out state. If you’ve been domiciled in Tennessee for the last 730 days, you generally must use the Tennessee list in Title 26, Chapter 2—not the federal § 522(d) list. That said, several federal rules still matter in every Tennessee case, and there’s a narrow safety-valve where the federal list can apply.
Bottom line: Tennessee’s exemptions are generous when deployed in the right order, at the right time, and with the right documentation. Strategy—and timing—can be the difference between protecting equity and risking it.
The homestead exemption is the centerpiece of protecting your house in bankruptcy. In Tennessee, it shields a defined slice of your principal residence equity—so the question isn’t “Will I lose my home?” but “How much equity can I legally protect?”
Tennessee’s homestead exemption protects $35,000 of equity for an individual owner, or $52,500 total whenjoint owners live in the home as their principal residence (allocated between them when claimed together). See Tenn. Code Ann. § 26-2-301.
Tennessee recently simplified the homestead rules, retiring the old age- and child-based tiers. Result: cleaner planning for chapter 7 and chapter 13, and a faster path to knowing exactly how much equity is protected.
Tennessee does not provide a dedicated motor-vehicle exemption. Instead, most people protect car or truck equity with the state’s $10,000 “wildcard” per debtor under Tenn. Code Ann. § 26-2-103. If both spouses file jointly and both are on title, each may generally use a separate $10,000 wildcard—often enough to fully cover typical vehicle equity.
Bottom line: Tennessee’s $10,000 wildcard per debtor is the workhorse for protecting vehicle equity. With accurate valuation, clean title work, and the right chapter strategy, most people keep the car they need to get to work and rebuild.
Tennessee protects everyday essentials with a mix of specific category exemptions and a flexible $10,000 “wildcard” per debtor. Used together, these let most people keep the things that power daily life: furniture, appliances, basic electronics, work gear—and even plug small gaps in vehicle equity.
Here are the core Tennessee personal-property protections you’ll use most often:
Maya, a self-employed photographer in Knoxville, files bankruptcy. Her family’s everyday clothing, children’s schoolbooks, and family Bible/portraits are specifically protected—no wildcard needed. She uses the tools-of-the-trade ($1,900) to cover light stands, clamps, and a calibration kit. Her prescribed CPAP and orthopedic brace are protected as professionally prescribed health aids. One camera body exceeds the tools cap by $400, so she applies $400 of her $10,000 wildcard and keeps the remaining wildcard for cash-on-hand and her checking balance.
Bottom line: Tennessee’s category protections do the heavy lifting for everyday life, and the $10,000 wildcard per debtorgives you the flexibility to finish the job—so you keep the things you live and work with.
Think of Tennessee’s wildcard as your precision tool for plugging gaps. You can apply up to $10,000 per debtor to any personal property that needs extra coverage—cash in checking, a laptop, jewelry, or the equity in your car—especially when a category limit runs out (Tenn. Code Ann. § 26-2-103). In a joint case, each spouse generally brings a separate $10,000 wildcard to the table.
Your car is worth $12,000 and you owe $5,000 → $7,000 equity. Tennessee has no stand-alone car exemption, so you use $7,000 of your wildcard to cover it. You still have $3,000 of wildcard left for a laptop and your checking balance. If a camera exceeds the $1,900 tools-of-the-trade cap by $400, allocate $400 of wildcard to top it off.
Joint-filer example: Alex and Jordan file together. Each has a $10,000 wildcard (total $20,000 available). They can apply their separate wildcards across jointly owned items—or to assets they own individually.
Result: Both vehicles and the savings are fully protected without a stand-alone motor-vehicle exemption.
Bottom line: the Tennessee $10,000 wildcard per debtor gives you the flexibility to finish protecting what matters—so you keep driving to work, keep your equipment earning income, and keep enough cash on hand to land on your feet.
Good news: most retirement savings and many income-support benefits are protected in bankruptcy. In Tennessee, ERISA-qualified employer plans (like 401(k), 403(b), and most traditional pension plans) are generally excluded from the bankruptcy estate under federal law, so they don’t become part of what creditors can reach.
Separately, IRAs (Traditional and Roth) are protected by a federal retirement-funds exemption that applies in every state; for cases filed April 1, 2025 through March 31, 2028, the combined cap is $1,711,975 per person. Rollovers from qualified employer plans into an IRA retain unlimited protection, and SIMPLE/SEP IRAs are treated as fully protected retirement funds. (Note: non-spousal inherited IRAs aren’t protected under the federal retirement-funds exemption.)
Tennessee law also shields specific benefits and certain pension interests. State statutes protect categories like Social Security, unemployment compensation, veterans’ benefits, disability/illness benefits, and other public assistance, plus provide additional protection for state and certain other retirement plan funds. These rules help ensure you keep core support and long-term savings intact while you recover.
Commonly protected assets:
Practical tip: Protection depends on plan type, funding source, and timing (for example, withdrawals may lose protection). A local bankruptcy attorney can help you stack state and federal rules to maximize what you keep.
Exemptions decide how much of your property you can keep when you file bankruptcy in Tennessee (an opt-out state that generally uses Tennessee exemptions). In chapter 7, exemptions protect specific assets from being sold by the trustee. In chapter 13, exemptions help set the floor for what unsecured creditors must receive through your repayment plan.
In chapter 7, you list each item’s fair market value on the filing date, subtract any liens, and then apply Tennessee exemptions (for example, the homestead, tools-of-the-trade, and the $10,000 wildcard per debtor). Any equity that isn’t covered is “non-exempt” and could be administered by the trustee. Accurate valuation and smart use of exemptions are what keep everyday essentials off the table.
Chapter 13 uses a repayment plan instead of selling property. Here, exemptions matter because of the “best-interest-of-creditors” test: your plan must pay unsecured creditors at least as much as they would have received if you filed chapter 7. Put simply, non-exempt equity = minimum plan dividend (subject to disposable-income and feasibility rules).
You have $6,000 of equity in household goods and tools. Tennessee exemptions cover $5,500, leaving $500 non-exempt. In chapter 7, that $500 could be at risk. In chapter 13, your plan must pay at least $500 (total) to unsecured creditors over the life of the plan—often manageable once spread out over 36–60 months.
Competitors may frame this like a do-it-yourself checklist. It isn’t. Tennessee exemptions are powerful if you apply them precisely; mistakes can cost equity. Below is the process your attorney will lead—so you know what’s happening and why— while you avoid the traps that trip up pro se filers.
Inventory everything: home and land, vehicles, bank and cash balances (day-of-filing), household goods, tools/equipment, crypto, collectibles, and legal claims (tax refunds, injury claims). Use fair-market or replacement values as of the filing date and back them up (photos, receipts, online guides, appraisals). Thin documentation = easy objections.
Tennessee is an opt-out state, but federal choice-of-law still controls who gets to use Tennessee’s list. Your attorney checks the 730-day domiciliary rule (and look-back if you moved) and flags the federal 1,215-day homestead capon recently acquired equity. Getting this wrong can knock you out of Tennessee’s protections entirely.
You formally claim exemptions on Schedule C (Official Form 106C). Values on Schedules A/B and lien data on Schedule D must align with what you’re exempting on Schedule C. Trustees and creditors cross-check these line by line. Your lawyer keeps the story consistent.
After the 341 meeting, trustees/creditors typically have a short window (often 30 days) to object. Many issues are fixable via amendment, but preventable errors can risk assets or drag out your case. Preparation = protection.
Bottom line: You get one chance to file it right. An experienced Tennessee bankruptcy attorney turns a risky checklist into a strategy that keeps what you need and avoids needless fights.
Yes—most debtors protect vehicle equity with Tennessee’s $10,000 wildcard (per debtor). Figure out your equity (fair market value minus lien) and apply the wildcard to cover it. Joint filers can each use a $10,000 wildcard if both own the vehicle.
No. Tennessee is an opt-out state, so most filers use Tennessee’s exemptions. You may still rely on federal protections that apply nationwide for retirement funds and certain federal caps (for example, the 1,215-day homestead cap), but not the federal exemption set in § 522(d).
To use Tennessee exemptions, you generally must have been domiciled in Tennessee for at least 730 days before filing. If you moved within two years, a look-back rule may point you to a prior state’s law. Separately, venue to file in a Tennessee court usually requires living here for most of the 180 days before filing.
$35,000 for an individual owner, or $52,500 total when joint owners live in the home as their principal residence. Tennessee repealed the old age/child-based tiers. A separate federal rule can cap recently acquired homestead equity if you’ve owned the home less than 1,215 days.
Clothing, the family Bible and schoolbooks, family portraits, and prescribed health aids are specifically protected. You can also claim up to $1,900 for tools of the trade. If a category limit isn’t enough, add your wildcard to fill the gap.
Most ERISA-qualified employer plans (401(k), 403(b), many pensions) are excluded from the bankruptcy estate. Traditional and Roth IRAs are protected nationwide up to an inflation-adjusted cap ($1,711,975 for cases filed 4/1/2025–3/31/2028), with rollover amounts protected without a dollar cap. Inherited IRAs (non-spousal) are not covered by the federal retirement-funds exemption.
In chapter 7, exemptions decide what you keep; non-exempt equity may be administered by the trustee. In chapter 13, exemptions help set your plan’s minimum payout to unsecured creditors (the “best-interest” test): non-exempt equity becomes the floor you must pay through the plan.
Use fair market value as of the filing date (what an informed buyer would pay). For household goods, replacement value is typical. Support values with online guides, appraisals, photos, and receipts. Accurate values reduce objections.
They must object within a short deadline (often 30 days after the 341 meeting). Courts usually allow amendments to fix issues, but getting it right the first time avoids delay, risk, and extra cost.
Yes. You must disclose all assets and claims (including tax refunds, bonuses, and injury claims). Omissions can lead to objections or worse. You can’t exempt what you don’t list.
Spouses generally claim exemptions individually where ownership and the statute allow—for example, each spouse has a $10,000 wildcard. For the homestead, Tennessee provides a $52,500 combined cap when joint owners live in the home as their principal residence.
Yes. Social Security, unemployment compensation, veterans’ benefits, and many disability/illness benefits are protected under Tennessee law and federal statutes. Keep these funds identifiable; commingling can create tracing issues.
Because residency look-backs, homestead timing, valuations, and plan tests can be tricky, it’s wise to work with an experienced Tennessee bankruptcy attorney. The right strategy can maximize what you keep and minimize plan costs or asset risk.
Tennessee’s exemption system is designed to protect what lets you live and earn—your home equity (up to $35,000 for one owner or $52,500 total for joint owners who live there), your $10,000 wildcard per debtor for vehicles, cash, and essentials, and specific protections for tools, clothing, and prescribed health aids. When used in the right order, these rules turn a stressful filing into a plan to keep your life intact.
The details matter: the 730-day domiciliary rule controls whether you can use Tennessee’s list; the 1,215-day federal cap can limit newly acquired homestead equity; and in chapter 13, non-exempt equity drives the minimum plan payout. This is strategy—not paperwork—and the outcome hinges on values, titles, timing, and how your schedules line up.
You get one chance to file it right. An experienced Tennessee bankruptcy attorney will apply the rules to your facts, protect the equity you’ve built, and steer you to a filing that truly resets your finances.