Bankruptcy: Federal Non-Bankruptcy Exemptions
Below are the federal non-bankruptcy exemptions that can only be used if the debtor is allowed to use the state property exemptions. There is not a limit on the dollar amount for each exemption. The federal non-bankruptcy exemptions are in addition to the state exemptions. If you use the federal bankruptcy exemptions, you cannot use the federal non-bankruptcy exemptions listed below. The abbreviation "USC" used below stands for "United States Code".
Real Estate: None
Retirement Benefits: 5 USC § 8346 - Civil Service employees; 22 USC § 4060 - Foreign service employees; 10 USC § 1440 - Military service employees; 45 USC § 231m - Railroad workers; 42 USC § 407 - Social Security benefits; 38 USC § 3101 - Veteran's benefits; 50 USC § 403 - CIA employees; and 38 USC § 1562(c) - Military Medal of Honor Roll pensions
Survivor's Benefits: 10 USC § 1450 - Military service; 28 USC § 376 - Judges, U.S. court directors, judicial center directors, and U.S. Supreme Court Chief Justice's administrative assistants; and 33 USC. §775 - Lighthouse workers
Death and Disability Benefits: 5 USC § 8130 - Government employees; 33 USC § 916 - Longshoremen, harbor workers; and 42 USC § 1717 - War, risk, hazard, death, or injury compensation
Miscellaneous:
10 USC § 1035 - Military deposits to savings accounts (while on permanent duty outside the U.S.)
15 USC § 1673 - 75% of earned but unpaid wages or 30 times the federal minimum hourly wage; the greater of these two. (Judge may approve more)
25 USC § 410 - Indian lands or homestead sales or lease proceeds
25 USC §§ 543 & 545 - Klamath Indian tribe benefits for those living in Oregon; agricultural or grazing lands to $5,000
38 USC § 1970(g) - Military group life insurance
45 USC § 352(e) - Railroad workers' unemployment
46 USC § 11110 - Seamen's clothing
46 USC § 11111 - Debts of a seaman incurred while on a voyage
46 USC § 11109 - Seamen's wages (except for spousal or child support)
38 USC §1970(g) - Life insurance benefits for serviceman's Group Life Insurance or Veteran's Group Life Insurance
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