What are bankruptcy exemptions in Louisiana?
Louisiana's exemptions are governed by both the state constitution and statutes; no general wildcard makes Louisiana less flexible than many states.
1. Opt-Out State — La. R.S. § 13:3881(A)(8)
Louisiana opted out. Debtors must use Louisiana exemptions.
2. Homestead — La. Const. art. XII, § 9; La. R.S. § 20:1
3. Personal Property — La. R.S. § 13:3881
No general wildcard — must use specific categories:
4. Motor Vehicle — La. R.S. § 13:3881(A)(7)
5. Tools of Trade — La. R.S. § 13:3881(A)(2)
6. Wages — La. R.S. § 13:3881(A)(1)
75% of disposable earnings OR 30x federal minimum wage exempt (matches CCPA).
7. Retirement Accounts — La. R.S. § 13:3881(D)
8. Insurance — La. R.S. § 22:912
Life insurance proceeds — fully exempt.
Cash value — $35,000 ($75,000 if owned for over 9 months).
9. Annuities — La. R.S. § 22:912
Annuity contract owned by debtor: $35,000 cash value.
10. Public Benefits — La. R.S. § 23:1693, § 23:1205, federal Social Security
Unemployment, workers' comp, Social Security, public assistance — fully exempt.
11. Personal Injury Proceeds — La. R.S. § 13:3881(A)(8)
Compensation for personal bodily injury — fully exempt.
12. Crime Victim Compensation — La. R.S. § 46:1816
Fully exempt.
13. College Savings — La. R.S. § 17:3096
Louisiana START Program: fully exempt.
14. Tenancy by the Entirety
Louisiana, as a community property state, does NOT recognize tenancy by the entirety. Community property is generally subject to the debts of either spouse.
15. Civilian/Military Compensation
Various La. R.S. provisions exempt military pay, certain civil service benefits.
16. Domicile Requirement
730-day rule under 11 U.S.C. § 522(b)(3).
17. Strategy
Louisiana's structure rewards careful categorization:
This is legal information, not legal advice.
- You need to navigate Louisiana's community property rules in bankruptcy
- Your home equity exceeds $35,000 (or $60,000 if 65+/catastrophically injured)
- You're an entrepreneur and want to maximize the unlimited tools-of-trade exemption
- La. Const. art. XII, § 9
- La. R.S. § 20:1
- La. R.S. § 13:3881
- La. R.S. § 22:912
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.