Texas has two sets of statutes, the Texas Codes and the Texas Revised Civil Statutes (TRCS). Citations below are to a specific code or to TRCS.
| Texas Bankruptcy Exemptions
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| Assets |
Exemption |
State Statute |
| Homestead |
Property:
all for up to 10 acres in a town, village, or city, or up to 100 acres for a
single person and 200 acres for a family outside of a town, village, or city.
Proceeds from the sale of homestead are exempt for 6 months after sale.< |
Constitution Art. 16 §§ 50, 51; Property 41.001, 41.002 |
|
Court will charge the debtor
for filing a homestead declaration if the debtor fails to file one. |
Property 41.005(f), 41.021–41.023 |
| Insurance |
Benefits from church benefit
plan: all. |
TRCS 1407a(6) |
|
Benefits from fraternal benefit
society: all. |
Insurance 885.316 |
|
Life, health, or accident
insurance or annuity contract, including benefits, proceeds, monies, and cash
value: all. |
Insurance 1108.051 |
|
Uniform group insurance for
Texas employees: all. |
Insurance 1551.011 |
|
Group insurance for Texas
public school employees: all. |
Insurance 1575.006 |
|
Employee benefits for Texas
state college/university employees: all. |
Insurance 1601.008 |
| Miscellaneous |
Business partnership property:
all. |
TRCS 6132b-5.01 |
|
Liquor license and permits:
all. |
Alcoholic Beverage 11.03 |
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Tuition plans (prepaid): all. |
Education 54.639 |
|
Savings plan trust accounts for
higher education: all. |
Education 54.709(e) |
|
Child support and alimony: all. |
Property 42.001(b)(3) |
| Pensions |
Federal pension exemptions. |
|
|
Police officer pensions: all. |
TRCS 6243a-1(8.03); 6243b(15); 6243d(17); 6243j(20) |
|
Firefighter pensions: all. |
TRCS 6243a-1(8.03); 6243b(15); 6243e(5); 6243e.1(1.04) |
|
Municipal and state employees
and elected official pensions: all. |
TRCS 6243h(22); Government 811.005 |
|
Pensions for law enforcement
officers and employees, government mental health workers, firefighters,
emergency medical personnel, or survivors of any of these: all. |
Government 615.005 |
|
County or district employees
pensions: all. |
Government 811.006 |
|
Teacher pensions: all. |
Government 821.005 |
|
Judge pensions: all. |
Government 831.004 |
|
ERISA-qualified governement and
church benefits (such as IRAs and Keoghs): all. |
Property 42.0021 |
|
Tax-deferred retirement
benefits: all. |
Property 42.0021 |
| Personal Property |
Total amount of all personal
property exemptions (including tools of your trade): up to $30,000 for a
single person, up to $60,000 for a family. |
Property 42.001(a)(1), (2) |
|
Burial plot: all, exempt from
the total personal property exemptions. |
Property 42.001 |
|
Health aids: all, exempt from
the total personal property exemptions. |
Property 42.001(b)(2) |
|
Furnishings and family
heirlooms: included in total personal property exemptions. |
Property 42.002(a)(1) |
|
Food and clothing: included in
total personal property exemptions. |
Property 42.002(a)(2), (5) |
|
Jewelry: cannot make up more
than 25% of total personal property exemptions. |
Property 42.002(a)(6) |
|
Firearms: up to to 2, included
in total personal property exemptions. |
Property 42.002(a)(7) |
|
Sporting equipment, including
bicycles: included in total personal property exemptions. |
Property 42.002(a)(8) |
|
Motor vehicles (includes 2-,
3-, or 4-wheeled): 1 for each family member with a license or who relies on
someone else to drive; included in total personal property exemptions. |
Property 42.002(a)(9) |
|
Pets and other domesic animals,
including food and tack: unlimited pets; up to 2 horses, mules, or donkeys;
up to 12 head of cattle; up to 60 head of other lifestock; up to 120 fowl;
included in total personal property exemptions. |
Property 42. 002(a)(10), (11) |
|
Health savings accounts: all,
exempt from the total personal property exemptions. |
Property 42.0021 |
| Public Benefits |
Compensation for crime victims:
all. |
Criminal Procedure 56.49 |
|
Public assistance benefits:
all. |
Human Resources 31.040 |
|
Medical assistance: all. |
Human Resources 32.036 |
|
Unemployment compensation
benefits: all. |
Labor 207.075 |
|
Workers' compensation benefits:
all. |
Labor 408.201 |
| Tools of Your Trade |
Vehicles and implements used
for farming or ranching: included in total personal property exemptions
(above). |
Property 42.002(a)(1) |
|
Vehicles (including boats),
equipment, tools, books used in trade: included in total personal property
exemptions (above). |
Property 42.001(a)(4) |
| Wages |
Wages that have been earned,
but not yet paid: all. |
Property 42.001(b)(1) |
|
Commissions that have been
earned, but not yet paid: up to 25% of the total personal property
exemptions. |
Property 42.001(d) |
| Wildcard |
No exemption. |
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