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FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE All law references are to Illinois Bankruptcy Code unless noted. |
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ASSET |
EXEMPTION |
LAW PROVISION |
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HOMESTEAD
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Real or personal property including a farm, lot and building, condo, co-op or mobile home to $15,000; sale proceeds exempt 1 year from sale |
735-5/12-901, 735-5/12-906 |
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Spouse or child of deceased owner may claim homestead exemption |
735-5/12-902 |
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Husband and wife may double |
First National Bank v Mohr
515 N.E. 2d 1356
(App. Ct. Ill. 1998) |
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PERSONAL PROPERTY
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Bible, family pictures, schoolbooks and needed clothing |
735-5/12-1001(a) |
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Health aids |
735-5/12-1001(e) |
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Motor vehicle to $2,400 |
735-5/121001(c) |
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Personal injury recoveries to $15,000 |
735-5/12-1001(g)(4) |
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Proceeds of sold exempt property |
735-5/12-1001 |
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Title certificate for boat over 12 feet |
652-45/3A-7 |
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Wrongful death recoveries needed for support |
735-5/12-1001(h)(2) |
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INSURANCE
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Fraternal benefit society benefits |
215-5/299.1a |
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Health or disability benefits |
735-5/12-1001(g)(3) |
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Homeowners’ proceeds if home destroyed, to $7,500 |
735-5/12-907 |
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Life insurance, annuity proceeds or cash value if beneficiary is insured’s child, parent, spouse or other dependent |
215-5/238 |
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Life insurance policy if beneficiary is insured’s spouse or chil |
735-5/12-1001(f) |
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Life insurance proceeds if clause prohibits from being used to pay beneficiary’s creditors |
215-5/238 |
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Life insurance proceeds needed for support |
735-5/12-1001(f), (g)(3) |
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MISCELLANEOUS
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Alimony, child support needed for support |
735-5/12-1001(g)(4) |
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Property of business partnership |
805-205/25 |
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PENSIONS
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Civil service employees |
40-5/11-223 |
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County employees |
40-5/9-228 |
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Disabled firefighters; widows and children fo firefighters |
40-5/22-230 |
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ERISA-qualified benefits |
735-5/12-1006 |
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Firefighters |
40-5/4-135, 40-5/6-213 |
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General assembly members |
40-5/2-154 |
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House of correction employees |
40-5/19-117 |
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Judges |
40-5/18-161 |
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Municipal employees |
40-5/7-217(a), 40-5/8-224 |
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Park employees |
40-5/12-190 |
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Police officers |
40-5/3-144.1, 40-5/5-218 |
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Public employees |
735-5/12-1006 |
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Public library employees |
40-5/19-218 |
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Sanitation district employees |
40-5/13-808 |
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State employees |
40-5/14-147 |
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State university employees |
40-5/15-185 |
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Teachers |
40-5/16-190, 40-5/17-151 |
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PUBLIC BENEFITS
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Aid to aged, blind, disabled, AFDC |
305-5/11-3 |
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Crime victims’ compensation |
735-5/12-1001(h)(1) |
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Restitution payments on account of WWII relocation of Aleuts and Japanese Americans |
735-5/12-1001(12)(h)(5) |
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Social security |
735-5/12-1001(g)(1) |
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Unemployment compensation |
735-5/12-1001(g)(1), (3) |
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Veterans’ benefits |
735-5/12-1001(g)(2) |
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Workers’ compensation |
820-305/21 |
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Workers’ occupational disease compensation |
820-310/21 |
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TOOLS OF TRADE |
Implements, books and tools of trade to $1,500 |
735-5/12-1001(d) |
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WAGES |
Minimum 85% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors |
740-170/4 |
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WILD CARD
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$1,500 of any personal property |
735-5/12-1001(b) |
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Includes wages |
In re Johnson,
57 B.R. 635 (N.D. ILL 1986) |