What Property Can I Keep in a Bankruptcy?

Many people are nervous about filing a bankruptcy case because they fear losing what little they have left. But the purpose of bankruptcy discharge is not to leave a debtor with nothing. On the contrary, federal and state laws allow a debtor to “exempt” or protect a certain amount of property from creditors and the bankruptcy court.

This article will give an introduction to exemptions. For advice on bankruptcy exemptions you can claim, speak with a local bankruptcy lawyer.

What Is Bankruptcy Law? 

The U.S. Bankruptcy Code provides a process for legally resolving debt in bankruptcy court. There are many types of debt, including: 

• Credit card debt 
• Car loans 
• Mortgages 
• Medical debt 
• Unpaid utility bills 

Secured vs. Unsecured Debt in Bankruptcy

When researching bankruptcy, you may hear the terms “secured debt” and “unsecured debt.” The type of debt you have will impact how debt relief and bankruptcy proceedings work.

• Secured debts are tied to a particular asset. The asset “secures” or backs up the debt. If you can’t pay back what you borrowed to purchase the property, the property may be taken instead. For example, a house secures a mortgage. If you default on your mortgage payments, the lender can foreclose on your home, meaning they go through a legal process to repossess it. The mortgage lender is called a “secured creditor” because they are a lender for a secured asset. 
• Unsecured debts are not tied to a particular asset. Credit card debt is an excellent example of this kind of debt. If you default on credit card debt, there isn’t a specific piece of property the unsecured creditor can take back.  

There Are Different Types of Bankruptcy

There are several chapters or sections of the bankruptcy code. Each chapter is a different type of bankruptcy designed to handle debt differently. Chapter 7 and Chapter 13 are the most common types of bankruptcy for individuals: 

• Chapter 7 bankruptcy. Often called “liquidation bankruptcy,” Chapter 7 resolves debt by selling assets in the bankruptcy estate and using the proceeds to pay off debts.  
• Chapter 13 bankruptcy. Chapter 13 is a type of debt reorganization bankruptcy. Instead of selling assets to pay off debts, Chapter 13 establishes a repayment plan based on your income and expenses to pay off debt. Payment plans are typically in monthly payments over the course of 3-5 years. 

It’s important to realize that bankruptcy won’t get rid of some types of debt, including student loans (except upon showing of undue hardship), alimony, and child support. These financial obligations remain even if you file for bankruptcy. 

Benefits of Bankruptcy

“Bankruptcy is a legal mechanism to address your debts,” says Ronald Sykstus, a bankruptcy attorney at Bond & Botes Law Offices in Huntsville, Alabama. Bankruptcy can give people a fresh start. But to regain their financial footing, people need to keep essentials like clothing, a working car, and a place to live. This is where bankruptcy exemptions come in. 

“Exemptions are, in a nutshell, what you can keep,” says Sykstus. “Each state either has its own set of exemptions or follows the federal exemption scheme.” In other words, bankruptcy exemptions help protect your property when you file bankruptcy.  

“In most cases, especially in New York, you end up keeping your house, all your retirement money, your cars,” says Heath Berger, a partner at Berger, Fischoff, Shumer, Wexler & Goodman in New York. “You get to keep 99.99 percent. There are very few cases in a Chapter 7 where an attorney, at least a competent attorney, is going to say, ‘OK, you’re going to lose everything you own.’”

The term “liquidation,” as used by the courts to define a Chapter 7, is actually misleading, says Barbie Lieber, a bankruptcy attorney in New York City. “It’s very, very rare that people will file a Chapter 7 and have their assets liquidated,” she says. “The reason for that is because, if you have a good lawyer, that lawyer is familiar with exemptions and will determine whether you should be filing for Chapter 7 or 13.”

When Should I File for Bankruptcy? 

When considering bankruptcy, “Don’t do it haphazardly. Start slow,” advises Sykstus. “When you meet with a bankruptcy lawyer, you will talk through your situation. A lawyer will want to know your entire financial situation and see if [filing bankruptcy] makes sense,” he says.  

“For example, if you have $1,000 in debt and one debt collector, does it make sense to file bankruptcy? In the main, no. On the other hand, let’s say you have no property, no real estate, no car, and all you’ve got is maybe $40,000 of uninsured medical debt and maybe some credit card debt—does that make sense? Maybe.” 

Sykstus recommends “talking to a lawyer that is not trying to push you one way or the other. Just try to know your options of what you can and cannot do. From there, you can make some positive steps if you are going to file bankruptcy.” 

It’s essential to understand that “bankruptcy law is predicated on honesty, openness, and truthfulness. The law is generous, but it’s not generous if there are misstatements or omissions. You want to be above board to take advantage of the generous law,” says Sykstus.  

How Do I Keep My Assets in Bankruptcy? 

“People often ask about assets such as their nice watch or family heirloom, and whether they can just give it to a friend or child and not list it” for bankruptcy purposes, says Sykstus. “That flies in the face of what bankruptcy law is about. You have to list all your assets. Lying comes with severe penalties, including criminal penalties. Nothing is worth that.” 

The way to legally keep assets in bankruptcy is through exemptions. There are federal bankruptcy exemptions as well as state exemption laws. Exemption amounts vary between federal and state laws as well as between states. Depending on your state, exemptions may include:

• Your house  
• Household goods 
• Clothing 
• Your motor vehicle 
• Retirement accounts 
• Personal property
• Wildcard exemptions

Some states have a wildcard exemption to protect any non-exempt property up to the exemption limit.

The exemption amount for personal property will be different depending on the state you live in. Because of variance by state, it’s important to speak with a bankruptcy attorney in your area who understands your state’s rules. An attorney can help you strategize about keeping as much of your property as possible under the law. 

What Happens to My Home if I File Bankruptcy? 

A significant bankruptcy exemption is the homestead exemption, which applies to houses. Like other exemptions, the amount varies from state to state. In 2026, the federal homestead exemption is $31,575. Some states have more generous exemption amounts than others. In general, if your state’s homestead exemption exceeds the amount of equity you have in your house, your house is safe.  

“In Alabama, for instance, the homestead exemption is about $18,800 per individual. So, let’s say a husband and wife own a house that’s worth $100,000. They only owe $75,000 on it, so they have $25,000 in equity in their house,” says Sykstus.  

The law allows spouses to combine their exemption amounts. So, “adding the two together, the couple has a $37,600 exemption.” This exceeds the amount of home equity they have, “so they would keep the house,” he says.  

Other states, such as Texas and Florida, have a 100 percent homestead exemption, meaning that you can keep your house regardless of the amount of equity in it. 

Getting Advice from a Bankruptcy Attorney 

If you’re considering bankruptcy or other debt relief options and are worried about losing property, it’s wise to get legal advice from a bankruptcy attorney as soon as you can.  

“It is perhaps the biggest mistake anybody can make to attempt to file Chapter 7 or 13 by themselves,” Lieber says. “People don’t realize that the bankruptcy code is literally a few inches thick. It is very, very complex. Every case is individualized, so there is no way that anybody could understand the exemptions themselves and how to best utilize them. A trustee told me fairly recently that 99.9 percent of his Chapter 13 cases that are filed pro se [via self-representation] failed.”

Berger adds: “It’s important that people understand that a Chapter 7 is basically a four-month process. They walk away debt-free. It shouldn’t be a scary proposition.” 

Questions for a Bankruptcy Lawyer at the Initial Consulatation

Many attorneys provide free consultations. To see whether an attorney or law firm is a good fit, ask informed questions such as: 

• What are your attorneys’ fees and billing options? 
• What is required to file a bankruptcy petition? 
• How is a bankruptcy trustee appointed? 
• What are the steps in the bankruptcy process? 
• What type of bankruptcy do I qualify for? 
• What types of property are exempt in my state? 
• What is the exemption amount in my state? 

Contact a bankruptcy attorney for legal advice about the bankruptcy process, debt relief or deciding between filing Chapter 7 bankruptcy or Chapter 13 bankruptcy.