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OREGON EXEMPTION LIST

How to use this table of exemptions, by Attorney Thomas A. Prediletto.

The following is a summary of the Oregon exemptions that can be claimed (used) to exempt both your real and personal property in a bankruptcy petition. However, if your residence has not been continuously in the state of Oregon for the two years prior to filing a bankruptcy petition, there are laws that apply as to which state or federal exemptions may be used.

Exempt property of a debtor is property of the debtor that is not available to be used (sold) to pay his/her unsecured creditors and is not subject to the claims of unsecured creditors, but may be subject to the rights of secured creditors and lien holders. When reviewing the list for exemptions for your own property you should be aware that there may not be a “matching” exemption. Some state exemptions contain a “wildcard” which can be used if a matching exemption cannot be found in the list of exemptions. Also, an individual must own an interest in the property to claim the property as exempt.

The debtor may exempt the equity (value of property less the total amount owed against it) however; any equity value in the property above the exemption amount may be subject to the claims of unsecured creditors.

By way of example, if you own a home worth $250,000 and owe a total of $200,000 against it (combining all mortgage/home equity lines of credit and/or liens against the property) the amount of equity you would need to protect is $50,000. So long as the homestead exemption is more than $50,000 the full amount of the equity is exempt and not subject to the claims of your unsecured creditors. In the alternative, say the home is worth $250,000 and you only owe $100,000 against it, anything over the exemption amount is subject to the claims of the unsecured creditors.

The same type example would apply to a motor vehicle, though the exemption for a motor vehicle is less than the amount of the exemption for a home.

Please note that all of the exemptions may be doubled if a married couple is filing, with the exception of the homestead exemption.

To view Oregon exemption list and amounts available, click here or scroll down the page. To view Oregon Codes, visit Justia US Laws - Oregon Code.

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Description LAW Max
Individual
Amount
Max
Joint Amount
Alimony, Child Support ORS § 18.345(1)(i) UNLIMITED
Ambulance Service Financial Responsibility Deposits ORS § 682.117 UNLIMITED
Annuity Policy Benefits ORS § 743.049 UNLIMITED
Any Personal Property ORS § 18.345(1)(o) $400.00 $800.00
Benefits To Injured Trainees & Inmates ORS § 655.530 UNLIMITED
Bodily Injury Payments ORS § 18.345(1)(k) $10,000.00 $20,000.00
Books, Pictures, & Musical Instruments ORS § 18.345(1)(a) $600.00 $1,200.00
Burial Lots ORS § 65.870 UNLIMITED
Certain Building Materials ORS § 87.075 UNLIMITED
Clients’ Trust Account Funds (Real Estate) ORS § 696.241 UNLIMITED
Crime Victims Reparation Awards ORS § 18.345(1)(j) UNLIMITED
Disposable Earnings ORS § 18.385 UNLIMITED
Domestic Animals & Poultry - Family Use ORS § 18.345(1)(e) $1,000.00 $1,000.00
Earned Income Tax Credit ORS § 18.345(1)(n) UNLIMITED
Earnings & Benefits When Deposited in Account of Debtor ORS § 18.348 $7,500.00 $15,000.00
Escrow Funds (Real Estate) ORS § 696.579 UNLIMITED
Fraternal Benefit Society Benefits ORS § 748.207 UNLIMITED
Future Earnings Compensation ORS § 18.345(1)(l) UNLIMITED
Health & Disability Benefits ORS § 743.050 UNLIMITED
Health Aids ORS § 18.345(1)(h) UNLIMITED
Homestead ORS § 18.395, 402 $40,000.00 $50,000.00
Household Furnishings ORS § 18.345(1)(f) $3,000.00 $3,000.00
Lands Of Cemetery/Crematory Corporation ORS § 65.855 UNLIMITED
Life Insurance Proceeds ORS § 743.046 UNLIMITED
Life Insurance Proceeds - Group ORS § 743.047 UNLIMITED
Liquor Licenses ORS § 471.292 UNLIMITED
Manufactured Dwelling Or Floating Home & Land ORS § 18.395 $40,000.00 $50,000.00
Monies In Qualified Tuition Savings Programs ORS § 348.863 UNLIMITED
Motor Vehicle ORS § 18.345(1)(d) $3,000.00 $6,000.00
Pension/Retirement Benefits ORS § 18.358 UNLIMITED
Provisions & Fuel For 60 Days ORS § 18.345(1)(f) UNLIMITED
Public Assistance Grants ORS § 411.760, 414.095 UNLIMITED
Public Employee’s Retirement System Benefits ORS § 238.445 UNLIMITED
Rifle Or Shotgun & 1 Pistol ORS § 18.362 $1,000.00 $2,000.00
Rights Under Repealed Public Employees Retirement Act ORS § 237.980 UNLIMITED
Tools Of Trade - Tools, Implements ORS § 18.345(1)(c ) $3,000.00 $6,000.00
Trust Account Funds (Debt Consolidation Agency) ORS § 697.722 UNLIMITED
Unemployment Compensation Benefits ORS § 657.855 UNLIMITED
Veteran’s Benefits and Loans ORS § 18.345(1)(m) UNLIMITED
Veteran's State Loan Funds ORS § 407.595 UNLIMITED
Vocational Rehabilitation Payments ORS § 344.580 UNLIMITED
Wages Held - Bond Savings Account ORS § 292.070 UNLIMITED
Wearing Apparel, Jewelry & Personal Items ORS § 18.345(1)(b) $1,800.00 $3,600.00
Workers Benefits, Emergency Service ORS § 401.405 UNLIMITED
Workmen's Compensation Benefits ORS § 656.234 UNLIMITED