Ohio Bankruptcy Exemptions: What You Get to Keep

Ohio is an opt-out state: if you file bankruptcy while domiciled in Ohio, you must use Ohio's own exemptions and you are not allowed to choose the federal bankruptcy exemption set found in 11 U.S.C. § 522(d). The controlling statute is Ohio Revised Code (ORC) § 2329.66, and Ohio has expressly exercised its right under § 522(b)(2) to make the federal list unavailable to its residents. This single rule shapes everything else in an Ohio case, because what you keep is defined by the Ohio dollar caps, not the federal ones. The one practical exception sits outside § 2329.66: certain federal nonbankruptcy exemptions (for example, Social Security benefits, most ERISA-qualified retirement plans, and certain veterans' and federal benefits) remain available to Ohio filers in addition to the state list.

Ohio's exemption amounts are not static. ORC § 2329.66(B) directs that the dollar figures be adjusted for inflation every three years on April 1 (2019, 2022, and most recently April 1, 2025). The Ohio Judicial Conference publishes the updated chart after each adjustment. Because of this triennial reset, the exact figure that protects your house or car depends on the date you file. The amounts below reflect Ohio's recently adjusted ranges, but you should confirm the current April 2025 figure for each category before relying on it.

The Ohio Homestead Exemption

The homestead exemption, ORC § 2329.66(A)(1), protects equity in one parcel of real or personal property that you or a dependent use as a residence. As of the 2022 adjustment the cap was $161,375, and the April 1, 2025 inflation adjustment raised it again; verify the post-2025 figure because it is materially higher. The exemption is measured in equity, not the home's total value: subtract your mortgage balance and any liens from market value, and the homestead cap only has to cover what is left.

A key Ohio advantage is that the homestead exemption is per debtor. A married couple who both have an ownership interest and file jointly can each claim the homestead, effectively doubling the protected equity. This is unusually generous compared with the federal homestead, and it is one reason many Ohio homeowners can file Chapter 7 without losing the house. The homestead does not, however, defeat a valid mortgage or a properly perfected lien; it protects equity from unsecured creditors and the bankruptcy trustee, not from the lender you signed with.

Vehicle, Cash, and the Wildcard

The motor-vehicle exemption, ORC § 2329.66(A)(2), protected up to $4,000 of equity in one vehicle as of the 2022 adjustment, with a higher figure after April 2025. As with the home, this is equity: if you still owe on a car loan, you subtract the loan balance, so a financed car with little equity is usually fully protected.

Ohio also gives you a wildcard exemption under ORC § 2329.66(A)(18), which protected roughly $1,475 as of 2022 (again adjusted upward in 2025). The wildcard can be applied to any property of your choosing—a bank account, a tax refund, a second vehicle, or extra equity in something not otherwise covered. It is the tool Ohio filers use to protect cash, which is otherwise hard to exempt. There is a separate small cash/deposit allowance, but most people stack the wildcard onto liquid funds to keep them.

Personal Property and Other Common Exemptions

Beyond the headline categories, ORC § 2329.66 protects a range of household and personal items. Typical 2022-adjusted figures (each raised in 2025) include:

  • Household goods and furnishings (A)(4)(b): up to about $675 per item, with an aggregate cap near $14,875 for furniture, appliances, and similar property.
  • Jewelry (A)(4)(c): about $1,825.
  • Tools of the trade (A)(5): roughly $2,825 in implements, books, and tools used in your work.
  • Wearing apparel, beds, and bedding, plus an allowance for cooking and refrigeration equipment.
  • Health aids reasonably necessary for the debtor or a dependent (fully exempt).
  • The cash value of life insurance and many annuity contracts, and most tax-qualified retirement accounts (401(k), IRA within federal limits, pensions).
  • Public benefits such as workers' compensation, unemployment, Social Security, and the earned-income tax credit portion of a refund.
  • Support and spousal-support payments reasonably necessary for support.

These items are exempt only up to their stated caps; value above the cap can become part of the bankruptcy estate that a Chapter 7 trustee may sell, with the proceeds above the exemption distributed to creditors.

How the Federal Comparison Works

Because Ohio opts out of the federal exemption list, you cannot mix and match: you take the Ohio set, full stop, plus the federal nonbankruptcy exemptions noted above. By contrast, residents of states that have not opted out may choose between their state list and 11 U.S.C. § 522(d). For Ohioans the practical effect is usually favorable, because Ohio's homestead cap is far larger than the federal homestead.

Exemptions also interact with wage garnishment, which matters if you are weighing bankruptcy against simply riding out collection. Outside bankruptcy, Ohio garnishment generally tracks the federal Consumer Credit Protection Act cap of 25% of disposable earnings (or the amount above 30 times the federal minimum wage, whichever is less). Filing bankruptcy triggers the federal automatic stay, which halts most garnishments immediately. Federal consumer-protection laws—the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA)—continue to govern how collectors and credit bureaus may treat you before and after filing.

Residency and Timing Traps

Federal bankruptcy law adds a wrinkle even though exemptions are set by state law. To use Ohio's exemptions, you must have been domiciled in Ohio for the 730 days (two years) before filing; if you moved recently, the law looks back to where you lived during the 180 days before that period, which can force you to use another state's exemptions. There is also a federal cap on homestead value attributable to property acquired within 1,215 days of filing. These timing rules are why a recent move out of, or into, Ohio deserves careful review with a lawyer before you file.

How to Verify and Where to Get Help

Always confirm the current dollar amounts against the statute and the official adjustment chart before you rely on them. Read the exemption list directly in Ohio Revised Code § 2329.66, and check the most recent triennial (April 1, 2025) adjustment figures published by the Ohio Judicial Conference. For consumer-protection questions, debt-collection complaints, and referrals, contact the Ohio Attorney General's Office, Consumer Protection Section, which handles consumer complaints statewide. For free or low-cost legal help, contact your local legal aid office or the Ohio State Bar Association lawyer referral service. Bankruptcy exemption planning is fact-specific and the dollar caps change; treat the figures here as a starting point and confirm the current numbers, then have an Ohio bankruptcy attorney apply them to your property before you file.

This page is based on Ohio law. Limits and deadlines change — verify the current details directly with the official Ohio sources below. This is general legal information, not legal advice.

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Ohio’s own rules.

Frequently asked questions

Can I use the federal bankruptcy exemptions in Ohio?

No. Ohio has opted out of the federal exemption list in 11 U.S.C. § 522(d), so Ohio filers must use the state exemptions in ORC § 2329.66. You can still claim federal nonbankruptcy exemptions, such as Social Security and most ERISA-qualified retirement plans, in addition to the Ohio set.

How much home equity can I protect in an Ohio bankruptcy?

Ohio's homestead exemption under ORC § 2329.66(A)(1) protected $161,375 of equity in one residence as of the 2022 adjustment and rose again with the April 1, 2025 inflation adjustment. It is per debtor, so a married couple filing jointly can each claim it and roughly double the protected equity. Confirm the current figure before relying on it.

Do Ohio's exemption amounts change?

Yes. ORC § 2329.66(B) requires the dollar figures to be adjusted for inflation every three years on April 1, most recently April 1, 2025. The exact amount that applies depends on your filing date, so verify the current figure with the Ohio Revised Code and the Ohio Judicial Conference adjustment chart.

What is Ohio's wildcard exemption used for?

The wildcard under ORC § 2329.66(A)(18) (about $1,475 as of the 2022 adjustment, higher after 2025) can be applied to any property you choose. Ohio filers most often use it to protect cash, a bank balance, or a tax refund, which are otherwise difficult to exempt.

How long must I live in Ohio to use its exemptions?

Federal law requires you to have been domiciled in Ohio for the 730 days (two years) before filing to use Ohio's exemptions. If you moved more recently, the law looks back to where you lived during the prior 180 days, which can require you to use another state's exemptions. Review timing with a lawyer if you moved recently.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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