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Oregon Bankruptcy Exemptions

Only State Exemptions are Allowed

Oregon Bankruptcy Exemptions

$25,000 in value for an individual and a combined exemption of $33,000 if two or more members of a household are debtors whose interests in the homestead are subject to execution. The homestead must be the actual abode of and occupied by the owner or the owner's spouse, parent or child. (ORS 18.395.)
$25,000
  • Mobile home and lot in lieu of homestead, $23,000;($33,000 if more than one owner owes the debt) (ORS 18.428.);
  • Mobile home without a lot in lieu of homestead, $20,000; ($27,000 if more than one owner owes the debt) (ORS 18.428.)
$20,000

Books, pictures and musical instruments

$600
Wearing apparel, jewelry and other personal items to the value of $1,800 for each spouse
$1,800
Domestic animals and poultry kept for family use
$1,000
Household goods, furniture, radios, a television set and utensils
$3,000
Motor vehicle
$1,700
Professionally prescribed health aids for the debtor or a dependent of the debtor 
 
Rifle or shotgun and one pistol
$1,000
Tools of trade D

$3,000

NOTE: These are the major bankruptcy exemptions.
Check with your bankruptcy lawyer for a full exemptions list

 

Homesteads:

  • The exemption for a homestead is limited to $125,000 if the property was acquired within the previous 1215 day (3.3 years). The cap is not applicable to any interest transferred from a debtor's previous principal residence (which was acquired prior to the beginning of such 1215-day period) ;
  • The value of the state homestead exemption is reduced by any addition to the value brought about on account of a disposition of nonexempt property made by the debtor (made with the intent to hinder, delay, or defraud creditors) during the 10 years prior to the bankruptcy filing.
  • An absolute $125,000 homestead cap applies if either:
    • the court determines that the debtor has beeen convicted of a felony demonstrating that the filing of the case was a abuse of the provision of the Bankruptcy Code; or
    • the debtor owes a debt arising from a violation of federal or state securities laws, fiduciary fraud, racketeering, or crimes or intentional torts that caused serious bodily injury or death in the preceeding 5 years. NOTE: This limitation is inapplicable if the homestead property is "reasonably necessary for the support of the debtor and any dependent of the debtor."

The state you use for your exemptions is:

  • The state you lived in for the 730 days (2 years) before filing; or
  • If you did not live in a single state in the previous 2 years you use the state where you lived the majority of the 180 period preceding the 2 year period; or
  • If the preceding renders you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions.

Pension Plans exempt from seizure:

Employee contributions to ERISA qualified retirement plans, deferred compensation plans, tax-deferred annuities, and health insurance plans.

Education Funds exempt from seizure:

Funds placed in an educational retirement account or qualified State tuition programs at least 365 days prior to a bankruptcy filing, within the limits established by the Internal Revenue Code, and for the benefit of a child or grandchild of the debtor, are excluded from the debtor's estate, with a $5,000 limit on funds contributed between one and two years before the filing.

 

 

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