What Are The Michigan Bankruptcy Exemptions?

What Are Bankruptcy Exemptions?

Bankruptcy exemptions determine what type of property you can keep when filing for bankruptcy. Every state has its own bankruptcy exemption laws that specify the types and amounts of property that you can keep. Items like your house, car, and household goods are generally protected and can’t be sold in order to pay off your debts. If an item is not protected or is worth more than what the state exemption will allow you may be forced to sell the item to pay off your debts.

In a Chapter 13 bankruptcy you are permitted to keep property that is worth more than what the state exemptions allow provided that you pay back your creditors the portion that is not exempt.

Choosing Between State and Federal Exemptions

Not only does every state have its own bankruptcy exemption laws, there are federal exemption laws as well. Michigan residents are permitted to use either state or federal exemptions.

Important note: In 2011 the Sixth Circuit Bankruptcy Appellate Panel found that Michigan’s bankruptcy-only exemptions (these are exemptions that apply only in bankruptcy, and not to other situations where a creditor is trying to collect a debt) were unconstitutional. Luckily, in August of 2012, the Sixth Circuit Court of Appeal reversed that decision, holding that Michigan’s bankruptcy-only exemptions are constitutional. As of now, Michigan bankruptcy filers can choose to use the bankruptcy-only exemptions.

Michigan Exemptions and Married Debtors

Married debtors filing jointly are permitted to double the listed exemptions amounts. The exception to the rule is the homestead exemption. Only one debtor may exempt the equity in a home, not both.

Common Michigan Exemptions

Some of the more commonly used Michigan exemptions are listed below. All law references are to the Michigan Compiled Laws unless otherwise indicated.

Homestead Exemption

The homestead exemption protects the equity that you have in your residence up to $37,775

Motor Vehicle Exemption

The motor vehicle exemption protects equity that you have in your vehicle up to $3,475.

Household Goods and Personal Property

This exemption protects your household goods such as furniture, utensils, books, appliances, and jewelry valued up to $600 per item and $3,775 total. 600.5451(1)(c). In addition:

• There is no limit as to the amount of clothing that you can keep. 600.5451(1)(a)(iii).
• Computer accessories are protected up to $650. 600.5451(1)(n).
• There is no limit to the amount of family pictures that you can keep. 600.5451(1)(a)(i).

Pension and Retirement Accounts

Most pension and retirement accounts are completely protected with a few exceptions.

• Individual Retirement Accounts and Annuities are fully protected with the exception of amounts that are contributed within the 120 days prior to filing for bankruptcy. 600.5451(1)(l).
• Traditional, Simple, or Roth IRA’s are protected up to $1,245,475. (This amount is adjusted every three years.
• Education IRA’s are protected up to $6,225. 11 U.S.C. §541(b)(5)(c).
• A pension, profit sharing, stock bonus, or other qualified plan is fully protected with the exception of amounts contributed in the 120 days prior to filing. 600.5451(1)(l).

Wages

You can protect up to 60% of earned but unpaid wages for head of household and up to 40% for others. The head of household can keep at least $15 per week plus $2 per week for each dependent other than the spouse and $10 per week for others. 600.531.

Insurance Benefits

Insurance benefits are fully protected regardless of the amount. 500.2207. Benefits paid on behalf of an employer are fully protected. 500.2210. Benefits paid by any stock, mutual life, health, or casualty insurance are also fully protected. 600.5451(1)(i).

Public Benefits

The public benefits listed below are fully protected regardless of the amount received.

• Crime victims’ compensation (18.362)
• Unemployment compensation (421.30)
• Korean War veterans’ benefits (35.977)
• Vietnam War veterans’ benefits (35.1027)
• Welfare benefits (400.63)
• Worker’s compensation benefits (418.821)

Tools of Trade

Your interest in the tools, implements, materials, stock, and other items necessary to carry on your profession, trade, occupation, or business is protected up to $2,525. 600.5451(1)(i).

Researching Exemption Statutes

This article only mentions the most commonly used Michigan exemptions. It does not mention all exemptions that are available to you. Keep in mind that state exemptions change periodically so you should call Firebaugh & Andrews for your free consultation today 734-722-2999