Ohio Bankruptcy Exemptions: What Attorneys Must Know 2026

Ohio Bankruptcy Exemptions: What Attorneys Must Know 2026

Car equity that pokes above the $4,850 vehicle cap looks like trouble, until you stack the Ohio wildcard exemption on the overage and the whole thing stays protected. Little moves like that decide whether your client keeps an asset or loses it. The catch is knowing which statute to cite and which dollar figure is current, because Ohio refreshed most of them on April 1, 2025. We'll cover every exemption, how they stack, and the mistakes that invite trustee scrutiny.

TLDR:

  • Ohio opted out under ORC 2329.662, so file with state exemptions, not the federal 522(d) menu.
  • Verify every figure against the April 1, 2025 amounts; 2018 to 2023 charts understate what your client keeps.
  • Stack the $1,700 wildcard on car equity above the $4,850 vehicle cap to protect the full amount.
  • Strip judicial liens that impair exempt equity under 11 U.S.C. 522(f); the lien won't vanish on its own.
  • Glade's Exemption AI Agent calculates Ohio exemptions and shows statute-selection reasoning, with the attorney overriding every call.

Ohio's Opt-Out Rule: Which Exemptions Apply in Bankruptcy

Ohio opted out under ORC 2329.662, so federal exemptions in 522(d) are off the table. Filers draw from ORC 2329.66 plus the federal nonbankruptcy exemptions that survive opt-out, like Social Security, veterans' benefits, and certain federal pensions, a set covered in this guide to AI for bankruptcy law.

Domicile determines eligibility first. Under 11 U.S.C. 522(b)(3), a debtor must have lived in Ohio for the 730 days before filing to use Ohio's set. Fall short, and you look to where the client lived during the 180 days before that window. A recent mover can land in another state's exemptions, or the federal menu if that prior state also opted out and limits exemptions to residents.

Full Ohio Bankruptcy Exemption Amounts Under ORC 2329.66 (2025)

Ohio adjusts most dollar figures every three years, with the latest round effective April 1, 2025. Verify each line against the primary source, Ohio Revised Code 2329.66, before you file.

Category

Amount

Citation

Homestead

$161,375

ORC 2329.66(A)(1)

Motor vehicle

$4,850

ORC 2329.66(A)(2)

Cash, bank deposits, tax refunds

$600

ORC 2329.66(A)(4)(a)

Household goods and furnishings

$14,875 aggregate, $700 per item

ORC 2329.66(A)(4)(b)

Jewelry

$1,875

ORC 2329.66(A)(4)(c)

Tools of the trade

$2,825

ORC 2329.66(A)(5)

Wildcard (any property)

$1,700

ORC 2329.66(A)(18)

Wages

75% of disposable earnings

ORC 2329.66(A)(13)

Tax-exempt retirement accounts

Full value

ORC 2329.66(A)(10)

Public benefits (workers' comp, unemployment, OWF)

Full value

ORC 2329.66(A)(9)

Life insurance

Full value

ORC 2329.66(A)(6)(b)

Personal injury recovery

$30,700

ORC 2329.66(A)(12)(c)

Wrongful death recovery

Reasonably necessary for support

ORC 2329.66(A)(12)(b)

Pull live figures from codes.ohio.gov and the 2025 Ohio exemption notice before each filing cycle, a task made easier with how AI is changing bankruptcy law.

How Ohio Bankruptcy Exemption Amounts Are Adjusted Every Three Years

Ohio recalculates its exemption figures every three years under ORC 2329.66(B), tied to the Consumer Price Index. The Ohio Judicial Conference publishes the revised amounts, and the most recent set took effect April 1, 2025. The controlling number is the one in effect on the filing date, not when the debt arose.

Figures from 2018 through 2023 still circulate online and are stale. A vehicle amount pulled from a 2021 chart can understate what your client protects. Confirm the current figure against the Judicial Conference's published adjustment before you lock Schedule C.

Ohio Homestead Exemption: Amount, Stacking, and Lien Avoidance

The homestead exemption protects equity in a primary residence and is the one most likely to swing a case. It covers the home your client lives in, so investment property falls outside it.

When spouses both own and both file, each claims the full homestead amount, doubling protected equity.

A judicial lien that eats into exempt equity can be stripped under 11 U.S.C. 522(f). File the avoidance motion; the lien does not vanish on its own, and keeping these motions on track is part of running efficient bankruptcy workflows with Glade AI. Secured mortgages are not avoidable this way, only judicial liens.

Ohio Motor Vehicle Exemption and Wildcard Stacking (ORC 2329.66)

The motor vehicle exemption under ORC 2329.66(A)(2) protects up to $4,850 in equity in one vehicle, not sticker value. Equity means market value minus loan balance. A car worth $12,000 with a $9,000 note carries only $3,000 in equity, fully covered.

The wildcard under ORC 2329.66(A)(18) adds $1,700 against any property: a car overage, cash, or an asset no other exemption reaches.

A clean, professional conceptual illustration of a parked car beside two stacked protective layers or shields forming a combined barrier around it, symbolizing layered financial protection and stacking of coverage over a vehicle. Modern flat vector style, calm neutral background with soft blues and warm tones, legal and financial theme, no people, abstract and minimal. The image must contain no text, no words, no letters, and no numbers.

Stack them. A paid-off car worth $6,000 leaves $1,150 above the $4,850 vehicle cap. Apply $1,150 of the $1,700 wildcard and the full equity stays protected.

Ohio Wage, Retirement, and Benefit Exemptions in Bankruptcy

Earned income gets layered protection. Tax-exempt retirement accounts, including 401(k)s, IRAs, and Ohio public pensions, pass through fully under ORC 2329.66(A)(10), with ERISA plans shielded by federal law and 11 U.S.C. 522(b)(3)(C) backstopping IRAs. Correctly citing each one is easier when firms reduce manual entry for their bankruptcy firm on Schedule C.

Several income streams stay untouchable. Workers' compensation, unemployment, and Ohio Works First benefits hold under ORC 2329.66(A)(9). Life insurance proceeds and cash value hold under (A)(6)(b). Social Security and veterans' benefits survive through the federal nonbankruptcy exemptions that opt-out preserves. Each needs a correct statute cite on Schedule C.

Ohio Wage Garnishment Exemptions: Caps, Statutes, and How to Stop It

Garnishment in Ohio caps at the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage, per ORC 2329.66(A)(13) and 15 U.S.C. 1673. To stop it, file a claim of exemption, request a hardship hearing, or negotiate a payment plan under ORC 2716.041 to halt further deductions, steps a Glade's specialized bankruptcy service agent can help track across a caseload.

Ohio does not recognize a head-of-household wage exemption; states like Florida and Texas do. Active garnishments show on the issuing court's docket.

Ohio Judgment Liens in Bankruptcy: Creation, Duration, and 522(f) Removal

A creditor turns a money judgment into a lien by filing a certificate of judgment with the clerk of common pleas in the county where the debtor owns real estate, attaching under ORC 2329.02. The lien runs five years and can be renewed before it lapses. It attaches to the debtor's interest in jointly owned property, not the co-owner's share. Run a lien search through county recorder and common pleas records. If the lien impairs an exemption, strip it under 11 U.S.C. 522(f), a step that fits naturally into Glade AI's end-to-end bankruptcy filing workflow.

Ohio Exemptions in Chapter 7 vs. Chapter 13: Key Differences

In Chapter 7, exemptions draw the line the trustee cannot cross. Equity above an exemption is fair game for liquidation, so a client with large non-exempt equity risks losing the asset. That exposure, with the means-test income limits gating Chapter 7 eligibility, often pushes a case toward Chapter 13, the kind of volume decision one high-volume firm that streamlined with Glade AI had to make.

In Chapter 13, nothing gets sold. Exemptions feed the best-interest test under 11 U.S.C. 1325(a)(4): unsecured creditors must receive at least their Chapter 7 liquidation share. Every dollar of non-exempt equity raises the plan's minimum payout floor.

A clean, professional conceptual illustration showing two divergent paths or roads splitting from a single starting point, one path leading to a protective shield symbol and the other to a set of balanced scales, set against a calm neutral background with soft blues and warm tones. Modern flat vector style, legal and financial theme, no people, abstract and minimal. The image must contain no text, no words, no letters, and no numbers.

So the same figures do different jobs. One decides what stays. The other sets the price of keeping it.

Common Ohio Bankruptcy Exemption Mistakes That Invite Trustee Scrutiny

These errors show up repeatedly in Ohio filings:

  • Pulling dollar figures from a 2021 or 2023 chart instead of the April 1, 2025 amounts, understating what the client keeps.
  • Treating federal 522(d) exemptions as available when Ohio opted out under ORC 2329.662.
  • Skipping the 730-day residency check and claiming Ohio's set for a recent mover.
  • Leaving the $1,700 wildcard unassigned instead of stacking it on a car overage or cash.
  • Forgetting the 522(f) motion, so a judicial lien survives discharge.
  • Listing sticker value instead of equity, inflating non-exempt amounts and inviting trustee scrutiny.

How Glade AI Applies Ohio Bankruptcy Exemptions Accurately at Scale

Every mistake above traces back to the same thing: applying the wrong figure or statute by hand, which is why firms look at ways to AI-powered bankruptcy exemptions. Glade's Exemption AI Agent calculates Ohio-specific exemptions, shows the statute-selection reasoning behind each, and lets the attorney override. The Exemptions Calculator flags over-limit assets by comparing real estate value against secured liabilities on Schedule D, and the deterministic engine loads updated median income tables automatically when the U.S. Trustee Program publishes them. However, attorneys should manually verify means-test outputs for any state or household-size combination before relying on calculated figures for filing decisions, part of the broader changes in bankruptcy law that firms are adapting to.

Verify each output yourself. The tool drafts and surfaces the math; the attorney stays in the decision seat on every call. See how Glade handles bankruptcy workflows end to end.

Filing Ohio Bankruptcy Exemptions Correctly: Final Checklist

Ohio runs everything through state law, so the opt-out rule, the residency window, and the inflation-adjusted figures all shape what your client protects. Check the live numbers, stack the wildcard, and strip liens that impair an exemption instead of trusting them to vanish on their own. You can book a demo and watch Glade calculate the figures while you make the final call.

FAQs

Can you still use federal bankruptcy exemptions in Ohio?

No. Ohio opted out under ORC 2329.662, so the federal exemptions in 11 U.S.C. 522(d) are off the table. Filers draw from ORC 2329.66 plus the federal nonbankruptcy exemptions that survive opt-out, like Social Security, veterans' benefits, and certain federal pensions.

What's the Ohio homestead exemption amount for 2025?

$161,375 in equity in a primary residence under ORC 2329.66(A)(1), effective April 1, 2025. When both spouses own and both file, each claims the full amount, doubling protected equity. Charts from 2018 through 2023 still circulating online understate this figure, so pull the current number from the Ohio Judicial Conference adjustment before you lock Schedule C.

How does Glade AI handle Ohio-specific exemptions on Schedule C?

Glade's Exemption AI Agent calculates Ohio-specific exemptions under ORC 2329.66, shows the statute-selection reasoning behind each, and lets the attorney override every call. The Exemptions Calculator flags over-limit assets by comparing real estate value against secured liabilities on Schedule D, and the attorney verifies each output before filing.

How do I stop a wage garnishment in Ohio?

File a claim of exemption, request a hardship hearing, or negotiate a payment plan under ORC 2716.041 to halt further deductions. Ohio caps garnishment at the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage, and does not recognize a head-of-household exemption the way Florida and Texas do.

Can a judgment lien attach to jointly owned property in Ohio?

Yes, but only to the debtor's interest in the property, not the co-owner's share. The creditor files a certificate of judgment with the clerk of common pleas in the county where the debtor owns real estate under ORC 2329.02; the lien runs five years and can be renewed. If it impairs an exemption, strip it with a 522(f) motion.