Exemptions for Alabama Bankruptcy Forms
FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE All law references are to Alabama Bankruptcy Code. |
ASSET |
EXEMPTION |
LAW PROVISION |
HOMESTEAD
|
Real property or mobile home to $5,000; property cannot exceed 160 acres (husband and wife may double) |
6-10-2 |
|
Must record homestead declaration before attempted sale of home |
6-10-20 |
INSURANCE |
Annuity proceeds or avails to $250 per month |
27-14-32 |
Disability proceeds or avails to an average of $250 per month |
27-14-31 |
Fraternal benefit society benefits |
27-34-27 |
Life insurance proceeds or avails if beneficiary is insured’s spouse or child |
6-10-8 |
Life insurance proceeds or avails if beneficiary is wife of insured |
27-14-29 |
Life insurance proceeds or avails is clause prohibits proceeds from being used to pay beneficiary’s creditors |
27-15-26 |
Mutual aid association benefits |
27-30-25 |
MISCELLANEOUS |
Property of business partnership |
10-8-72 (b)(3) |
PENSIONS |
Judges (only payments being received) |
12-18-10 (a), (b) |
Law enforcement officers |
36-21-77 |
State employees |
36-27-28 |
Teachers |
16-25-33 |
PERSONAL PROPERTY |
Books |
6-10-6 |
Burial Plots |
6-10-5 |
Church pew |
6-10-5 |
Clothing needed |
6-10-6 |
Family portraits or pictures |
6-10-6 |
PUBLIC BENEFITS |
Aid to blind, aged, disabled, AFDC |
38-4-8 |
Coal miner’s pneumoconiosis benefits |
25-5-179 |
Crime victim’s compensation |
15-23-15(e) |
Southeast Asian War POW’s benefits |
31-7-2 |
Unemployment compensation |
24-4-140 |
Workers’ compensation |
25-5-86(b) |
TOOLS OF TRADE |
Arms, uniforms, equipment that state military personnel are required to keep |
31-2-78 |
WAGES |
75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors |
6-10-7 |
WILD CARD |
$3,000 of any personal property, except life insurance (In re Morris, 30 B.R. 392 (N.D. Ala. 1983) |
6-10-6 |