Bankruptcy exemptions are rules that exempt certain types and amounts of property from being sold or used to satisfy the claims of debtors in your bankruptcy case. Each state has a set of bankruptcy exemptions that you can use to protect your property while going through bankruptcy.
Federal law also provides a set of bankruptcy exemptions. Your state’s law will determine whether you can choose the federal bankruptcy exemptions, or if you must use your state’s bankruptcy exemptions. But if your state’s law allows you to choose between the two sets of bankruptcy exemptions, you must choose one or the other, and cannot choose exemptions from both your state and the federal exemptions.
In Massachusetts, individuals filing for bankruptcy can choose between the state's bankruptcy exemptions and the federal bankruptcy exemptions, as Massachusetts is one of the states that allows this choice. This means that when you file for bankruptcy in Massachusetts, you have the option to select the set of exemptions that best protects your assets. The state exemptions can be found in the Massachusetts General Laws and include protections for a certain amount of equity in your home, motor vehicle, personal property, tools of the trade, and retirement accounts, among others. The federal exemptions, which are adjusted periodically for inflation, also cover a range of property types and have specific exemption limits. It's important to note that you cannot mix and match between state and federal exemptions; you must choose one set or the other. An attorney can help you determine which set of exemptions is more advantageous for your particular situation.