What Are The Ohio Bankruptcy Exemptions?
Ohio 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 an Ohio bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in Ohio. In general, the major Ohio bankruptcy exemptions include:
| GENERAL OHIO EXEMPTIONS |
|---|
| Real Estate (the Homestead Exemption) Up to $5,000 of equity in real or personal property can be protected. |
| Automobiles One Up to $1,000 of equity in one motor vehicle can be protected. |
| Other Property $200 in clothing, beds, and bedding; $300 in one cooking unit and one refrigerator; $400 in cash on hand, money due and payable, money to become due within ninety days, tax refunds, and money on deposit with a bank, savings and loan association, credit union, public utility, landlord, or other person; $200 in household furnishings, household goods, appliances, books, animals, crops, musical instruments, firearms, and hunting and fishing equipment; $600 in one or more items of jewelry. |
| View the complete list of Ohio 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 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 the 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 Ohio a Community Property State?
No, Ohio 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?
DeWine (R-OH) — YEA
Voinovich (R-OH) — YEA
Ohio Bankruptcy Court Locations:
411 U.S. Courthouse
1716 Spielbusch Avenue
Toledo, Ohio 43604
(419) 213-5600
Howard M. Metzenbaum U.S. Courthouse
201 Superior Avenue
Cleveland, Ohio 44114-1235
(216) 615-4300
Nathaniel R. Jones
Federal Building & U.S. Courthouse
10 East Commerce Street
Youngstown, Ohio 44503-1621
(330) 746-7027
455 U.S. Courthouse
2 South Main Street
Akron, Ohio 44308
(330) 252-6100
Frank T. Bow Building
201 Cleveland Ave SW
Canton, OH 44702
(330) 489-4426
U.S. Bankruptcy Court
Southern District of Ohio
Cincinnati Divisional Office
221 E. Fourth Street
Atrium Two Suite 800
Cincinnati, Ohio 45202
(513) 684-2572
U.S. Bankruptcy Court
Southern District of Ohio
Columbus Divisional Office
170 North High Street
Columbus, Ohio 43215
(614) 469-6638
U.S. Bankruptcy Court
Southern District of Ohio
Dayton Office
120 West Third Street
Dayton, Ohio 45402
(937) 225-2516
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.
Ohio Bankruptcy Attorney Locations:
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