Indiana Bankruptcy Exemptions — What You Keep
What property you can protect when filing for bankruptcy in Indiana — homestead, personal property, vehicle, wage, and retirement exemptions.
Indiana's exemption system
Indiana requires use of state exemptions only — federal bankruptcy exemptions under §11 U.S.C. § 522(d) are not available. This means the specific Indiana exemption amounts below control what you can protect.
Key Indiana exemptions
Homestead §34-55-10-2(c)(1)
$22,750 in real or personal property used as residence. This protects equity in your primary residence — if your home equity is within this limit, you keep the house in bankruptcy.
Personal property §34-55-10-2(c)(2)
$8,000 in other real estate or tangible personal property (adjusted periodically by the Department of Financial Institutions). This covers household goods, furnishings, clothing, and everyday personal items.
Vehicle §34-55-10-2(c)(2)
included in personal property exemption. This protects equity in your car — meaning the value of the vehicle minus what you owe on it.
Wages §24-4.5-5-105
75% of disposable earnings (or amount exceeding 30× federal minimum wage). This applies to wages already earned but not yet paid at the time of filing.
Retirement accounts §34-55-10-2(c)(6)
ERISA-qualified plans, IRAs, public retirement funds, and police/fire pensions are exempt. Retirement accounts receive strong protection in bankruptcy — both under state law and federal law §29 U.S.C. § 1056 (ERISA).
Indiana exemption comparison
| Homestead | Personal property | Wildcard | |
|---|---|---|---|
| What it protects | Equity in your primary residence §11 U.S.C. § 522 | Household goods, furnishings, clothing §11 U.S.C. § 522 | Any property not covered by other exemptions §11 U.S.C. § 522 |
| Indiana limit | $22,750 in real or personal property used as residence §34-55-10-2(c)(1) | $8,000 in other real estate or tangible personal property (adjusted periodically by the Department of Financial Institutions) §34-55-10-2(c)(2) | Not available |
| Key limitation | Primary residence only — not investment property §11 U.S.C. § 522 | Individual item and aggregate caps may apply §11 U.S.C. § 522 | Total cap across all wildcard-claimed property §11 U.S.C. § 522 |
| Strategic value | Can be the largest exemption | Protects everyday necessities | Fills gaps left by specific exemptions |
How exemptions affect chapter choice
- In Chapter 7, non-exempt property can be liquidated by the trustee. High exemptions mean you keep more.
- In Chapter 13, the "best interests of creditors" test means your plan must pay unsecured creditors at least what they would have received if non-exempt assets were liquidated in Chapter 7. Higher exemptions can reduce your required plan payment.
Common exemption planning considerations
- Is your home equity within the homestead limit, or does it exceed the cap?
- Do you have a vehicle loan that reduces your equity below the exemption?
- Are there assets that could be reclassified or converted to exempt form before filing?
- Would waiting to file change the exemption calculation (e.g., recent large deposit, bonus, tax refund)?
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- $22,750 in real or personal property used as residence
- $8,000 in other real estate or tangible personal property (adjusted periodically by the Department of Financial Institutions)
- 75% of disposable earnings (or amount exceeding 30× federal minimum wage)