Should I Choose Federal or State Bankruptcy Exemptions?

Written by Kristin Turner, Harvard Law Grad. 
Updated April 19, 2022

The exemptions you choose will play a big role in determining how much of your stuff the trustee can sell to repay your creditors. Most Upsolve users select the federal exemptions. You'll have to figure out which choice is right for you. You can do so by answering these two questions: 

1. Does my state allow me to choose? Some states require you to use their exemptions, while others allow you to use the federal bankruptcy exemptions if you prefer.

2. Which set of exemptions protect the things that matter to me? Take a look at what's protected and what isn't protected by each set of exemptions. Then decide which makes the most sense for your needs.

Written By:

Kristin Turner, Harvard Law Grad

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Kristin is a recipient of Harvard Law School’s Public Welfare Foundation A2J Tech Fellowship. At Harvard Law, she served as a member of the Harvard Defenders, the Women’s Law Association, and the Harvard Law Negotiation Review. She was the 2016 – 2017 president of the Harvard Bla... read more about Kristin Turner, Harvard Law Grad

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