Can I Use the Homestead Exemption for Something Else?

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Question:

I am filing for Chapter 7 bankruptcy and I don't own a home. My state has a homestead exemption. Can I apply it towards other property?

Answer: (1)

Whether you can apply the homestead exemption amount to other property depends on your state exemptions and whether you are allowed to use the federal exemptions.

Some states allow you to apply any unused portion of the homestead exemption to other property. 

If you are using the federal bankruptcy exemptions (currently 18 states allow debtors to use federal instead of state exemptions), you can apply up to $10,825 of any unused homestead exemption towards any other property.

Alternatively, many states have a dedicated “wildcard” exemption that a debtor may use towards property not covered by specific exemptions.

To learn more about exemptions, including the wildcard and homestead exemption, and whether you can use state or federal exemptions, see our Bankruptcy Exemptions topic area.

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