Oregon Bankruptcy Exemptions — What You Keep
What property you can protect when filing for bankruptcy in Oregon — homestead, personal property, vehicle, wage, and retirement exemptions.
Oregon's exemption system
Oregon allows debtors to choose between state exemptions and the federal bankruptcy exemptions under §11 U.S.C. § 522(d). An attorney can help determine which set protects more of your property.
Key Oregon exemptions
Homestead
$150,000 statutory base, indexed annually (currently $158,300); $300,000 base, indexed annually (currently $316,700), combined when two or more members of the same household are judgment debtors; limited to $40,000 ($50,000 combined) for debts arising out of a child or spousal support obligation or a money award judgment that includes restitution. The exemption is effective without the necessity of a claim by the judgment debtor. The homestead must be the actual abode of and occupied by the owner or the owner's spouse, parent or child, and the exemption also applies to a manufactured dwelling or floating home. The State Court Administrator indexes the general amounts each July 1; the support and restitution amounts are not indexed. This protects equity in your primary residence — if your home equity is within this limit, you keep the house in bankruptcy.
Personal property §18.345(1)(f)
$3,000 total in household goods, furniture, radios, a television set, and utensils; wearing apparel, jewelry, and other personal items are separately exempt up to $1,800 under § 18.345(1)(b). This covers household goods, furnishings, clothing, and everyday personal items.
Vehicle §18.345(1)(d)
$10,000 in vehicle value; only $3,000 if the judgment debtor owes a debt arising out of a child support or spousal support obligation or a money award judgment that includes restitution. This protects equity in your car — meaning the value of the vehicle minus what you owe on it.
Wages
75% of disposable earnings (or amount exceeding 40× Oregon minimum wage per week, whichever protects more). This applies to wages already earned but not yet paid at the time of filing.
Wildcard §18.345
$400 (any personal property) plus $800 in cash or liquid assets. A wildcard exemption can be applied to any property not fully covered by other exemptions.
Retirement accounts §18.358
ERISA-qualified plans, IRAs, Oregon PERS, and public employee retirement programs are generally exempt, subject to statutory exceptions (including for support obligations) — confirm with a lawyer. Retirement accounts receive strong protection in bankruptcy — both under state law and federal law §29 U.S.C. § 1056 (ERISA).
Tools of trade
$5,000 in tools, implements, and materials used in trade. This protects the equipment you need to earn a living.
Oregon 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 |
| Oregon limit | $150,000 statutory base, indexed annually (currently $158,300); $300,000 base, indexed annually (currently $316,700), combined when two or more members of the same household are judgment debtors; limited to $40,000 ($50,000 combined) for debts arising out of a child or spousal support obligation or a money award judgment that includes restitution | $3,000 total in household goods, furniture, radios, a television set, and utensils; wearing apparel, jewelry, and other personal items are separately exempt up to $1,800 under § 18.345(1)(b) §18.345(1)(f) | $400 (any personal property) plus $800 in cash or liquid assets §18.345 |
| 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.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- $3,000 total in household goods, furniture, radios, a television set, and utensils; wearing apparel, jewelry, and other personal items are separately exempt up to $1,800 under § 18.345(1)(b)