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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

Filing Fee$338 (Chapter 7); $313 (Chapter 13)

Standard federal filing fees. Indiana has two bankruptcy districts: Northern (Fort Wayne, South Bend) and Southern (Indianapolis, Terre Haute, Evansville, New Albany).

Credit Counseling

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.

Tangible Personal Property ExemptionInd. Code § 34-55-10-2(c)(5)

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.

Retirement Account ExemptionsInd. Code § 34-55-10-2(c)(6)

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.

No Federal Exemption ElectionInd. Code § 34-55-10-1

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 page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Indiana.

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