Washington Bankruptcy Exemptions: What You Get to Keep

Washington is one of a minority of states that lets you choose between the state exemption set and the federal bankruptcy exemptions found in 11 U.S.C. § 522(d). Washington never "opted out" of the federal list the way most states did, so when you file Chapter 7 or Chapter 13 here you compare both columns and keep whichever protects more of your property. The single most important Washington-specific figure is the homestead exemption: under RCW 6.13.030, your homestead is protected up to the greater of $125,000 or the county median sale price of a single-family home in the calendar year before you filed. That county-median floor, added by the Legislature in 2021, means a homeowner in a high-cost county like King or Snohomish can shield far more equity than the flat federal homestead allows. This article explains how Washington's exemptions work, the limits and exceptions, and where to verify the current numbers before you rely on them.

Federal or state: Washington lets you choose

Most states force debtors into the state exemption scheme. Washington does not. Because the state never enacted an opt-out under 11 U.S.C. § 522(b)(2), a Washington filer may elect either:

  • The Washington state exemptions in RCW Title 6 (chiefly RCW 6.13 for the homestead and RCW 6.15 for personal property), which you can combine with certain non-bankruptcy federal exemptions like Social Security and most retirement accounts; or
  • The federal bankruptcy exemptions in 11 U.S.C. § 522(d), which include a sizable "wildcard" built from unused homestead value.

You must pick one set or the other for the whole case; you cannot mix and match between the state list and the federal § 522(d) list. Married couples filing jointly must both use the same set. The right choice depends almost entirely on your situation. If you own a home with substantial equity in an expensive Washington county, the state homestead usually wins by a wide margin. If you rent or have little home equity, the federal set is often better because its generous wildcard lets you protect cash, a bank balance, or a tax refund.

The Washington homestead exemption

RCW 6.13.030 protects your primary residence up to the greater of $125,000 or the county median sale price of a single-family home for the year before the filing. The county-median figure is not a number you should guess at, because it changes every year and differs by county. Confirm the applicable figure from a current county or court source before you file. The homestead can apply to a house, condominium, manufactured/mobile home, or even certain other dwellings used as your principal residence. It generally protects the equity automatically once you occupy the property as your home.

The homestead is not absolute. It does not defeat a properly recorded mortgage or deed of trust on the home, a mechanic's or materialman's lien for work on the property, certain tax liens, or a lien for child support arrears. And under federal bankruptcy law (11 U.S.C. § 522(p) and (q)), equity acquired in the 1,215 days before filing can be capped, and there are limits tied to fraud or certain crimes. The state homestead far exceeds the federal homestead in § 522(d)(1), which is a much smaller flat amount that Congress adjusts every three years.

Vehicle, wildcard, and personal property exemptions

Washington's personal-property exemptions live in RCW 6.15.010. The most commonly used ones include:

  • Motor vehicle: up to $3,250 of equity in one vehicle, and a Washington filer may exempt up to two vehicles for a combined ceiling of $6,500. "Equity" means value minus any loan balance, so a financed car with little equity may already be fully covered.
  • Wildcard / other personal property: up to $3,000 in any other personal property, of which no more than $1,500 may consist of cash, with tighter sublimits on bank deposits and securities. Because those cash and account sublimits are easy to misread, check the exact subsection of RCW 6.15.010 for the current breakdown.
  • Household goods, appliances, furniture, and home and yard equipment: protected up to an aggregate value set in RCW 6.15.010 (recently raised by the Legislature). Everyday used furnishings rarely have enough resale value to exceed the limit.
  • Wearing apparel: no dollar limit on ordinary clothing, but furs, jewelry, and personal ornaments are capped.
  • Tools of the trade: tools, instruments, and materials used to carry on your trade or profession are protected up to a statutory limit, helping self-employed filers keep working.
  • Family keepsakes, libraries, and pictures: protected up to a separate statutory amount.

Several categories of property are protected without dollar caps under other statutes, including most tax-qualified retirement accounts (401(k), IRA, pension), Social Security benefits, unemployment compensation, workers' compensation, and many public-assistance benefits. These protections come from specific Washington statutes and federal law and apply whether or not you are in bankruptcy.

How the figures change and why you must verify

Two moving parts make it dangerous to rely on a single number you read online. First, the Washington homestead's county-median floor is recalculated annually and varies by county, so the protected amount for a King County home is very different from one in a rural county. Second, the federal § 522(d) figures are inflation-adjusted by the Judicial Conference every three years (most recently effective April 1, 2025), so the federal homestead, vehicle, and wildcard amounts you compare against will keep climbing. Always confirm the current state and federal numbers as of your actual filing date.

Wages and garnishment as context

Exemptions decide what you keep when you file; garnishment law decides what a creditor can take from your paycheck before you file. The federal floor under the Consumer Credit Protection Act caps most wage garnishment at 25% of disposable earnings. Washington protects more of the paycheck for ordinary consumer debts, generally shielding the larger of 80% of disposable earnings or a multiple of the state minimum wage. As of 2026 Washington's minimum wage is in the mid-$16 range per hour, but this figure rises every January 1, so confirm the current rate with the Washington State Department of Labor & Industries rather than relying on a fixed number.

How to claim exemptions and where to verify

You claim exemptions on Schedule C of your bankruptcy petition, listing each asset, the statute you rely on, and the value you are protecting. The Chapter 7 trustee or a creditor can object if a claimed exemption is improper, so accurate valuations and the correct statutory citations matter. Because choosing between the state and federal sets can change the outcome of your case, most filers benefit from a consultation with a Washington bankruptcy attorney or a HUD-approved or court-approved credit counseling agency (counseling is a required step before filing).

To verify the law itself, read the statutes directly: RCW 6.13 for the homestead and RCW 6.15 for personal-property exemptions, available free on the Washington State Legislature website. For consumer rights, scam complaints, and questions about debt collectors, the Washington State Attorney General's Office, Consumer Protection Division (atg.wa.gov) is the official state resource and accepts consumer complaints. On the federal side, the FDCPA governs third-party debt collectors and the FCRA governs your credit reports; both apply in Washington alongside the state's own Consumer Protection Act and Collection Agency Act. When in doubt about a specific dollar figure, treat the statute and these official sources as controlling over any summary.

This page is based on Washington law. Limits and deadlines change — verify the current details directly with the official Washington 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 Washington’s own rules.

Frequently asked questions

Can I use the federal bankruptcy exemptions in Washington?

Yes. Washington never opted out of the federal exemption scheme, so a Washington filer may choose either the state exemptions in RCW Title 6 or the federal exemptions in 11 U.S.C. section 522(d). You must use one full set, not a mix, and joint filers must use the same set. Homeowners with large equity usually prefer the Washington homestead, while renters often do better with the federal wildcard.

How much home equity can I protect in Washington?

Under RCW 6.13.030, the homestead exemption protects the greater of $125,000 or the county median sale price of a single-family home for the year before you file. That means filers in high-cost counties like King or Snohomish can protect substantially more than $125,000. Because the county-median figure changes yearly and varies by county, confirm the current amount before relying on it.

What happens to my car if I file bankruptcy in Washington?

Washington's vehicle exemption under RCW 6.15.010 protects up to $3,250 of equity in one vehicle, and a filer may exempt up to two vehicles for a combined ceiling of $6,500. Equity is the car's value minus any loan balance, so a financed vehicle with little equity is often fully protected. If you choose the federal set instead, a different vehicle figure applies.

Does Washington protect my retirement accounts and Social Security?

Generally yes. Most tax-qualified retirement accounts such as 401(k)s, IRAs, and pensions, along with Social Security, unemployment, workers' compensation, and many public benefits, are protected by specific state and federal statutes regardless of whether you choose the state or federal exemption set. Confirm the details for your particular account type, since some accounts have caps.

Where can I confirm Washington's exemption amounts and report a debt collector?

Read the statutes directly at the Washington State Legislature website: RCW 6.13 for the homestead and RCW 6.15 for personal property. For consumer complaints about debt collectors or scams, contact the Washington State Attorney General's Office, Consumer Protection Division at atg.wa.gov. Federal protections like the FDCPA and FCRA apply in Washington as well.

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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