Exempt Property
What will I lose if I file for Bankruptcy?
This is a common question most clients want to know before they file for bankruptcy. The answer to that question depends on what you have what is it worth, and where you have lived over the past three years. Debtors in bankruptcy, and outside of bankruptcy, are entitled to keep exempt property, and creditors are not allowed to seize exempt property. (Of course, the IRS has special abilities to take even exempt property) The exemption that a debtor can claim depends on how long they have lived (been domiciled, i.e. living with the intent to remain) in the current state. If you have been domiciled in Wyoming continuously for the 730 days before filing, then you may claim the Exemptions provided by the State of Wyoming. If you have not resided in Wyoming for that long, then you look at the state where you were domiciled for the longest portion of the 180 days preceding the 730 days. If that state allows you to claim the exemptions of that state you may opt to use that state's exemptions, if not then you would be required to use the federal exemptions.
Each state has the right to determine what property is exempt. Wyoming has opted out of the Federal Exemptions for its residents. Below are the Wyoming Exemptions.
Homestead Exemption.
As of July 2023, each resident owner of a home can exempt up to $100,000 (before $20,000) in equity of a Wyoming home in which they live. Thus a couple who are both owners of a home can exempt up to $200,000. This exemption includes a movable home whether it has wheels or not. and the land.
Tenants by the Entireties
If a husband and wife own property as tenants-by-the-entireties, which means the title to the property indicates that the ownership is as “husband and wife” or specifically states that it is owned as “entireties”, then the property may be protected from the creditors of just one of the spouses. In a Wyoming bankruptcy, the entire property can only be taken to the extent that there are joint debts.
Personal Property.
Each person can exempt the following personal property:
- Household articles and food up to $4,000 in current market value.
- Equity in one automobile of up to $5,000
- Bibles, photographs, and school books.
- Burial Plots and Funeral Contracts
- Clothing and wedding rings of up to $2,000 per person
- Tools and other items used and kept in carrying out the primary occupation of the person – up to $4,000 in market value.
- up to 3 firearms and their ammunition not to exceed $3,000
Insurance and Insurance Products
This is a sticky area since the cash value in most insurance products can be taken, however, if a debtor is a beneficiary of insurance proceeds, the proceeds might not be able to be seized if the the clause protects the proceeds from creditors. Most disability benefits are exempt, and annuity contracts that pay less than $350 per month are exempt. Fraternal society benefits are also exempt. Medical Savings Accounts are also now exempt.
Income Property
Only property that a debtor has a right to on the date of filing is considered to be property of the bankruptcy. Thus wages and benefits that have not been earned or matured on the date of the bankruptcy, can not be taken by the trustee. Wages due and owing, but unpaid on the date the bankruptcy is filed are exempt up to 75%. Social Security and most disability income is exempt. Most pensions and public benefits are exempt. Earnings of National Guard members are exempt. HOWEVER, other than social security, income that has been received and put into a bank account loses its exempt status. Thus most funds in bank accounts on the date of filing will be lost, even if the source of the money was exempt.
Other Exemptions
Wyoming Law prohibits the garnishment or attachment of a liquor license. Thus the ownership of a liquor license is probably exempt by law. Wyoming has no wild card exemptions.
What can be taken?
Unless a debtor's property fits into one of the exemptions set forth above, it could be taken by a Chapter 7 bankruptcy trustee. Personal property that is not exempt and is frequently taken includes valuable jewelry, sporting goods (ski equipment, golf clubs, etc.), livestock, and other “luxury items”. In addition, trustees can take a portion of any tax refund for the year in which the bankruptcy is filed that represents the portion of the refund that was earned pre-petition. Trustees may also take inheritances that a debtor becomes entitled to either before or within 180 days after the bankruptcy is filed. Trustees also look for payments to creditors shortly before the bankruptcy (called preferences) or transfers by the debtors before the bankruptcy for less than a fair price (fraudulent conveyances).
