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Rhode Island Bankruptcy Laws

Bankruptcy is governed by federal law, but Rhode Island allows filers to choose between state and federal exemptions — you cannot mix them. Rhode Island's homestead exemption of $500,000 is one of the most generous in the country and is automatic without any filing requirement. The state also provides a $12,000 motor vehicle exemption and $9,600 in household goods protection.

Last verified: 2026-02-25

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers are 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.

Means Test

Chapter 7 filers must pass a means test comparing their income to Rhode Island's median income. If income exceeds the median, the filer may need to file Chapter 13 instead.

Key Rhode Island Statutes

Homestead ExemptionR.I. Gen. Laws § 9-26-4.1

Protects up to $500,000 of equity in land and buildings the owner uses or intends to use as a principal residence. The exemption is automatic — no declaration or filing is required. Married couples cannot double the exemption.

Motor Vehicle ExemptionR.I. Gen. Laws § 9-26-4(13)

Protects motor vehicles up to an aggregate total of $12,000 in equity.

Personal Property ExemptionsR.I. Gen. Laws § 9-26-4

Protects household furniture, clothing, beds and bedding, and family stores up to $9,600. Also protects working tools of the debtor's trade up to $2,000, books in use in the family up to $300, and necessary wearing apparel.

Federal vs. State Exemptions11 U.S.C. § 522(b)

Rhode Island allows bankruptcy filers to choose either the federal exemption system or the state exemption system, but you cannot mix exemptions from both lists. Filers should compare both sets to determine which is more favorable.

Wage Garnishment LimitsR.I. Gen. Laws § 9-26-4(8.1)

Rhode Island limits wage garnishment. Earnings from personal services are partially exempt from attachment for debts, providing protection for working debtors.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Rhode Island General Assembly — Statutes. For advice about your specific situation, consult a licensed attorney.

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