Bankruptcy Exemptions in Ohio
What property you can keep in bankruptcy in Ohio: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: Ohio has opted out of the federal bankruptcy exemptions. People domiciled in Ohio cannot use the federal exemption list in 11 U.S.C. 522(d) and must use Ohio's exemptions instead. Ohio Rev. Code § 2329.662
| State or federal exemptions | Ohio has opted out of the federal bankruptcy exemptions. People domiciled in Ohio cannot use the federal exemption list in 11 U.S.C. 522(d) and must use Ohio's exemptions instead. Source: Ohio Rev. Code § 2329.662 |
|---|---|
| Homestead exemption | $182,625 in one parcel or item of real or personal property that the filer or a dependent uses as a residence, for April 1, 2025 through March 31, 2028. Ohio's homestead exemption has no acreage limit; it is limited by dollar value only. The statute text (https://codes.ohio.gov/ohio-revised-code/section-2329.66) still shows the base figure of $125,000; division (B) directs the Ohio Judicial Conference to adjust every dollar amount every three years for inflation. The Judicial Conference table lists $182,625 for April 1, 2025 through March 31, 2028 (the prior period's figure was $161,375). The statute does not set an acreage limit. |
| Car exemption | $5,025 of the filer's interest in one motor vehicle, for April 1, 2025 through March 31, 2028. The statute text shows the base figure of $3,225; the Ohio Judicial Conference adjusts it every three years. The prior period's figure (April 1, 2022 through March 31, 2025) was $4,450. |
| Wildcard exemption | $1,675 in any property, for April 1, 2025 through March 31, 2028. This exemption applies only in bankruptcy cases. The statute text (https://codes.ohio.gov/ohio-revised-code/section-2329.66) shows the base figure of $1,075 and says division (A)(18) applies only in bankruptcy proceedings. Ohio also has a separate cash and bank-deposit exemption in § 2329.66(A)(3) ($625 for April 2025 through March 2028). |
| Retirement accounts | Ohio law exempts public-employee pensions and retirement benefits (such as state, police and fire, teacher and school-employee systems) and accounts in public deferred-compensation programs. It also exempts payments from other pensions, annuities and similar plans paid because of illness, disability, death, age or length of service, to the extent reasonably necessary to support the filer and dependents. IRAs, Roth IRAs, education IRAs and 529/529A accounts are exempt to the extent they come from contributions within the tax-law limits (and qualifying rollovers), and Keogh (H.R. 10) plans are exempt to the extent reasonably necessary for support. Inherited IRAs and Roth IRAs are also exempt. Money put in to avoid paying debts is not protected, and support orders and certain criminal orders are exceptions. Federal law (11 U.S.C. 522(b)(3)(C)) separately protects tax-exempt retirement funds in bankruptcy. |
| Wages | Earned but unpaid wages are protected in the amount of the greater of (a) 75% of disposable earnings owed, or (b) 30 times the current federal minimum hourly wage if paid weekly (60 times if paid every two weeks, 65 times if paid twice a month, 130 times if paid monthly). Support orders are an exception. Source: Ohio Rev. Code § 2329.66(A)(13) |
More Ohio bankruptcy
FAQ
Can you use the federal bankruptcy exemptions in Ohio?
Ohio has opted out of the federal bankruptcy exemptions. People domiciled in Ohio cannot use the federal exemption list in 11 U.S.C. 522(d) and must use Ohio's exemptions instead.
How much home equity is protected in bankruptcy in Ohio?
$182,625 in one parcel or item of real or personal property that the filer or a dependent uses as a residence, for April 1, 2025 through March 31, 2028. Ohio's homestead exemption has no acreage limit; it is limited by dollar value only.
Can I keep my car in bankruptcy in Ohio?
$5,025 of the filer's interest in one motor vehicle, for April 1, 2025 through March 31, 2028.
Does Ohio have a wildcard exemption?
$1,675 in any property, for April 1, 2025 through March 31, 2028. This exemption applies only in bankruptcy cases.
Are retirement accounts protected in bankruptcy in Ohio?
Ohio law exempts public-employee pensions and retirement benefits (such as state, police and fire, teacher and school-employee systems) and accounts in public deferred-compensation programs. It also exempts payments from other pensions, annuities and similar plans paid because of illness, disability, death, age or length of service, to the extent reasonably necessary to support the filer and dependents. IRAs, Roth IRAs, education IRAs and 529/529A accounts are exempt to the extent they come from contributions within the tax-law limits (and qualifying rollovers), and Keogh (H.R. 10) plans are exempt to the extent reasonably necessary for support. Inherited IRAs and Roth IRAs are also exempt. Money put in to avoid paying debts is not protected, and support orders and certain criminal orders are exceptions.
Are wages protected in bankruptcy in Ohio?
Earned but unpaid wages are protected in the amount of the greater of (a) 75% of disposable earnings owed, or (b) 30 times the current federal minimum hourly wage if paid weekly (60 times if paid every two weeks, 65 times if paid twice a month, 130 times if paid monthly). Support orders are an exception.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.