How this works in other states → What are bankruptcy exemptionsMore Pennsylvania law
What are bankruptcy exemptions in Pennsylvania?
Pennsylvania is unique because state exemptions are so weak that federal exemptions are almost always better.
1. Choice Between State and Federal — 11 U.S.C. § 522(b)(2)
Pennsylvania did not opt out. Debtors may choose either:
95%+ of PA debtors choose federal because of the absence of a state homestead.
2. Pennsylvania State Exemptions — 42 Pa. C.S. § 8124
3. Federal Exemptions — 11 U.S.C. § 522(d) (2025 figures)
4. Wages
5. Tenancy by the Entirety
Pennsylvania recognizes — property held jointly by spouses with right of survivorship is exempt from individual creditors. Major asset protection tool for married debtors filing individually.
6. Retirement — 42 Pa. C.S. § 8124(b)
PA also exempts retirement accounts under state law.
7. Domicile Requirement
730-day rule under 11 U.S.C. § 522(b)(3) applies.
8. Joint Filers
Both spouses must use the same system (state or federal) — cannot mix.
This is legal information, not legal advice.
- You and your spouse hold property as tenants by the entirety and want to maximize asset protection
- You need to evaluate whether state or federal exemptions are better for your situation
- Your retirement account exceeds the $1,512,350 federal cap
- 42 Pa. C.S. § 8123
- 42 Pa. C.S. § 8124
- 42 Pa. C.S. § 8127
- 11 U.S.C. § 522(d)
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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.