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Ohio Bankruptcy Laws

Bankruptcy is governed by federal law, but Ohio determines which property exemptions apply. Ohio does not allow debtors to choose federal bankruptcy exemptions — state exemptions must be used. Ohio offers a homestead exemption of $182,625, retirement accounts are well-protected (IRAs up to approximately $1.7 million, employer-sponsored plans fully exempt), and there is a small wildcard exemption of $1,675.

Last verified: 2026-02-25

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Domicile Requirement

You must have been domiciled in Ohio for at least 730 days (2 years) before filing to use Ohio exemptions. Otherwise, your prior state's exemptions apply.

Key Ohio Statutes

Homestead ExemptionOhio Rev. Code § 2329.66(A)(1)

Protects up to $182,625 in equity in your primary residence (real or personal property used as a residence). Amount is adjusted periodically.

Motor Vehicle ExemptionOhio Rev. Code § 2329.66(A)(2)

Protects up to $5,025 in equity in one motor vehicle.

Retirement Account ExemptionsOhio Rev. Code § 2329.66(A)(10)

Employer-sponsored retirement plans (401(k), 403(b), pensions) are fully exempt. IRAs are protected up to approximately $1,711,975 per person.

Wildcard ExemptionOhio Rev. Code § 2329.66(A)(18)

A wildcard exemption of $1,675 can be applied to any property. This is relatively small compared to many other states.

Wage Garnishment LimitsOhio Rev. Code § 2329.66(A)(13)

75% of earned but unpaid wages are exempt from garnishment.

No Federal Exemption OptionOhio Rev. Code § 2329.662

Ohio does not allow bankruptcy filers to choose federal exemptions. You must use Ohio state exemptions.

Official Sources

Ohio Legislature — Revised CodeU.S. Bankruptcy Court — Southern District of Ohio

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Ohio Legislature — Revised Code. For advice about your specific situation, consult a licensed attorney.

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