What are bankruptcy exemptions in Michigan?
Michigan provides flexibility by allowing the choice between state and federal exemptions, with state exemptions adjusted every 3 years.
1. Choice Between State and Federal
Michigan did not opt out. Debtors may choose either Michigan state exemptions (MCL 600.5451) or federal exemptions (11 U.S.C. § 522(d)).
2. Michigan Homestead — MCL 600.5451(1)(m)
3. Michigan Motor Vehicle — MCL 600.5451(1)(g)
4. Michigan Personal Property — MCL 600.5451(1)
5. Wildcard
Michigan state exemptions have NO general wildcard — major reason debtors choose federal.
6. Federal Exemption Comparison — 11 U.S.C. § 522(d)
7. Wages — MCL 600.5311
40-60% of weekly earnings exempt depending on family situation (head of household = 60% protection up to certain caps).
8. Retirement Accounts — MCL 600.6023(1)(k)
9. Insurance — MCL 500.2207, 500.4054
Life insurance, fraternal benefits — fully exempt.
10. Public Benefits — MCL 600.6023
Social Security, unemployment, workers' comp, veterans', public assistance — fully exempt.
11. Tenancy by the Entirety
Michigan recognizes — property jointly held by spouses with right of survivorship exempt from individual creditors.
12. Domicile Requirement
730-day rule under 11 U.S.C. § 522(b)(3).
This is legal information, not legal advice.
- You're a renter or have minimal home equity — federal exemptions' wildcard may be much better
- You're 65+ or disabled and qualify for the higher MI homestead
- You and your spouse own property as tenants by the entirety
- MCL 600.5451
- MCL 600.5311
- MCL 600.6023
- 11 U.S.C. § 522(d)
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.