Indiana Bankruptcy

What Are The Indiana Bankruptcy Exemptions?

Indiana law protects all or a portion of your property from being seized by creditors or the bankruptcy trustee in a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you are generally allowed to keep all of your assets and property. Certain exceptions may apply, so it’s wise to consult with a Indiana bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in Indiana. In general, the major Indiana bankruptcy exemptions include:

Real Estate (the Homestead Exemption)
$15,000 exemption for debtor’s real estate or personal property (includes farm, condominium, personal property, or cooperative).
There is no specific automobile exemption in Indiana.
Other Property
Up $300 in intangible personal property; 100 percent of the value of professionally prescribed health aids; and $8,000 in other real estate and tangible personal property of the debtor.
View the complete list of Indiana bankruptcy exemptions

Please remember that this page provides general information only, and is not intended to provide legal advice. The information is not a substitute for the advice of a qualified bankruptcy attorney. If you need legal assistance, consult an attorney.

Which state’s exemption laws apply in your bankruptcy?

Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy.

If you have not lived in the same state for the 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.

If application of the preceding general rules renders you ineligible for exemptions under any state’s laws, you may be allowed to choose the federal exemptions applicable in your bankruptcy.

Is Indiana a Community Property State?

No, Indiana is not a community property state. Because it is not a community property state, you will be responsible for your spouse’s debts only if you voluntarily assumed those debts by, for example, co-signing on a loan given to your spouse. In a non-community property state, one spouse can file for bankruptcy and be eligible to eliminate all of their unsecured debts without the involvement of the other spouse.

How did your senator vote on the new bankruptcy laws?

Following years of intense lobbying by creditors, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). How did your Senators vote on these largely pro-creditor provisions?

Bayh (D-IN) — NAY
Lugar (R-IN) — YEA

Indiana Bankruptcy Court Locations:

United States Bankruptcy Court
Northern District of Indiana
E. Ross Adair Federal Building and
United States Courthouse

1300 South Harrison Street
Fort Wayne, Indiana 46802
(260) 420-5100

United States Bankruptcy Court
Northern District of Indiana

5400 Federal Plaza
(Corner of Hohman Avenue and Douglas Street – across from St. Margaret’s Hospital)
Hammond, Indiana 46320
(219) 852-3480

United States Bankruptcy Court
Northern District of Indiana
Charles A. Halleck Federal Building

230 North Fourth Street
Lafayette, Indiana 47901
(765) 420-6300

United States Bankruptcy Court
Northern District of Indiana
Robert K. Rodibaugh United States Bankruptcy Courthouse
401 South Michigan Street
South Bend, Indiana 46601
(574) 968-2100

116 U.S. Courthouse
46 E. Ohio St.
Indianapolis, In. 46204
(317) 229-3800

110 U.S. Courthouse
121 West Spring Street
New Albany, IN 47150
(812) 542-4540

352 Federal Bldg.
101 Northwest Martin L. King Boulevard
Evansville, IN 47708
(812) 434-6470

Federal Building
30 N. 7th Street
Terre Haute, IN 47808
(812) 238-1550

Note: You may not have to actually go to one of the above bankruptcy courts. Trustees often conduct your meeting at a local venue.

Although bankruptcy is federal law, the bankruptcy courts in each jurisdiction have local rules that must be followed. A local bankruptcy attorney will be familiar with the specific rules in your area.

Indiana Bankruptcy Attorney Locations:

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