Wildcard Exemptions in Bankruptcy

Wildcard exemptions are flexible -- apply them to any property: cash, bank accounts, tax refunds, or anything else not covered by specific exemptions.

What is a wildcard exemption?

Unlike category-specific exemptions (homestead for your home, vehicle for your car), a wildcard exemption can be applied to any property. It gives you flexible protection for assets that do not fit neatly into other exemption categories -- like cash in a bank account, a tax refund, cryptocurrency, or valuable personal property.

The federal wildcard under 11 U.S.C. § 522(d)(5) provides $1,475 plus up to $13,950 of any unused portion of the homestead exemption. If you do not own a home (or do not need the full homestead exemption), the total wildcard can reach $15,425 per debtor -- or $30,850 for a married couple filing jointly.

Selected state wildcard exemptions

State/SchemeWildcard AmountNotes
Federal (§ 522(d)(5))$1,475 + up to $13,950 unused homesteadMax $15,425 per debtor
California (System 2)$33,650Available if not using System 1 homestead
Missouri$600Very limited
Ohio$1,325Can be applied to any property
New York$1,175State wildcard; federal wildcard also available
Michigan$1,475 + $13,950 unused homestead (federal)Can use federal exemptions
Georgia$1,200 per debtorPlus unused portion of $21,500 homestead
Indiana$10,250Generous standalone wildcard
Kentucky$1,000Federal exemptions also available

Strategic uses of the wildcard

You cannot mix federal and state exemptions. Under § 522(b)(1), you must choose one system or the other. If your state allows federal exemptions and the federal wildcard is more generous, you may want to use the entire federal scheme -- even if the state has better exemptions in some categories.

Related Topics

How to File Bankruptcy What Is Chapter 7? Chapter 13 Plans The Means Test

Related Resources

The Means Test -- Section 707(b) income test for Chapter 7 eligibility

Chapter 7 vs Chapter 13 -- Side-by-side comparison of liquidation vs repayment plans

Pro Se Bankruptcy Guide -- Filing without an attorney -- what you need to know

Federal Rules Committee

This research supports Suggestion 26-BK-3 to the Advisory Committee on Bankruptcy Rules

Proposing automated Section 1328(f) discharge bar screening in federal bankruptcy courts

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