Indiana Bankruptcy Laws
Indiana has opted out of federal bankruptcy exemptions — debtors must use Indiana state exemptions. The homestead exemption is $22,750 ($45,500 for married couples filing jointly). The tangible personal property exemption of $12,100 functions as a flexible wildcard that can be applied to vehicles, tools, and other assets. Retirement accounts are fully exempt.
Last verified: 2026-02-25
Filing Requirements
Standard federal filing fees. Indiana has two bankruptcy districts: Northern (Fort Wayne, South Bend) and Southern (Indianapolis, Terre Haute, Evansville, New Albany).
Pre-filing credit counseling and pre-discharge debtor education are required (federal requirements).
Key Indiana Statutes
Up to $22,750 of equity in a residence (home, condo, mobile home, farm). Married couples filing jointly: $45,500 (doubled). Amounts effective through March 1, 2028.
Up to $12,100 in tangible personal property (vehicles, tools, household goods, etc.). This functions as a flexible wildcard since it can be applied to different types of tangible assets. Additional $450 for intangible personal property.
401(k)s, 403(b)s, profit-sharing plans, SEP and SIMPLE IRAs are fully exempt. Traditional and Roth IRAs: up to $1,711,975 per person (adjusted April 2025).
Greater of 75% of disposable earnings or 30 times the federal minimum wage ($217.50/week). Courts may reduce garnishment to as low as 10% for hardship.
Indiana has opted out of the federal bankruptcy exemption scheme. Debtors must use Indiana state exemptions. Must be domiciled in Indiana for 730 days (2 years) to use Indiana exemptions.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Indiana Code — Exemptions. For advice about your specific situation, consult a licensed attorney.
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