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Austin Bankruptcy - Texas Bankruptcy Exemptions

ASSET 

EXEMPTION 

LAW 

homestead 

Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003) 

Must file homestead declaration, or court will file it for you & charge you for doing so 

Prop.41.001;41.002; Const. Art.16. SS 50, 51 

________________ 

Prop. 41.005(f); 41.021 to 41.023 

personal property 

To $60,000 total for family, $30,000 for single adult (see also tools of trade) 

Athletic & sporting equipment, including bicycles 

Burial plots (exempt from total) 

Clothing & food 

Health aids (exempt from total) 

Home furnishings including family heirlooms 

Jewelry (limited to 25%of total exemption) 

Pets & domestic animals plus their food:  2 horses, mules, or donkeys & tack;  12 head of cattle; 60 head of other livestock; 120 fowl

1 two-, three-, or four-wheeled motor vehicle per family member or single adult who holds a driver’s license; or, if not licensed, who relies on someone else to operate vehicle 

2 firearms 

Prop.42.002(a)(8) 

Prop.41.001 

Prop.42.002(a)(2),(5) 

Prop. 42.001(b)(2) 

Prop.42.002(a)(1) 

Prop.42.002(a)(6) 

Prop. 42.002(a)(10),(11) 

 

Prop. 42.002(a)(9) 

 

 

 

Prop. 42.002(a)(7) 

pensions  

County & district employees 

ERISA-qualified government or church benefits, including Keoghs & IRAs 

Firefighters 

 

 

 

Judges 

Law enforcement officers, firefighters, emergency medical personnel survivors 

Municipal employees & elected officials, state             employees

Police officers 

 

 

 

Retirement benefits to extent tax-deferred 

Teachers 

Gov’t. 811.006 

Prop.42.0021 

 

6243e(5); 6243a-1(8.03); 6243b(15); 6243e(5); 6243e.1(1.04) 

Gov’t. 615.005 

Gov’t. 615.005 

 

6243h(22); Gov’t 811.005 

6243d-1(17); 6243j(20); 6243a-1(8.03); 6243b(15); 6243d-1(17) 

Prop.42.0021 

Gov’t 821.005 

public benefits

Crime victim’s compensation 

Medical assistance 

Public assistance 

Unemployment compensation 

Workers’ compensation 

Crim. Proc.56.49 

Hum. Res. 32.036 

Hum. Res. 31.040 

Labor 207.075 

Labor 408.201 

wages 

Earned but unpaid wages 

Unpaid commissions not to exceed 25% of total property exemptions 

Prop.42.001(b)(1) 

Prop.42.001(d) 

tools of trade 

included in aggregate dollar limits for personal property 

Farming or ranching vehicles & implements 

Tools, equipment (includes boat & motor vehicles used in trade), & books 

Prop.42.002(a)(3) 

Prop.42.002(a)(4) 

insurance 

Church benefit plan benefits 

Fraternal benefit society benefits 

Life, health, accident, or annuity benefits, monies, policy proceeds, & cash values due or paid to beneficiary or insured 

Texas employee uniform group insurance 

Texas public school employees group insurance 

Texas state college or university employee benefits 

1407a (6) 

Ins. 885.316 

Ins. 1108.051 

 

 

Ins. 1551.011 

Ins. 1575.006 

Ins. 1601.008 

miscellaneous 

Alimony & child support 

Higher education savings plan trust account 

Liquor licenses & permits 

 

Prepaid tuition plans 

Property of business partnership 

Prop. 42.001(b)(3) 

Educ. 54.639 

Alco.Bev.Code 11.03 

Educ.54.639 

6132b-5.01 

 

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