Ohio
Bankruptcy in Ohio (2026): Exemptions & Means Test
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content
Bankruptcy is a federal legal process, but what you can keep when you file depends heavily on Ohio law. Ohio has opted out of the federal bankruptcy exemptions, so filers whose exemptions are governed by state law must use the Ohio exemption system rather than the federal list. Ohio is notable because it adjusts its exemption dollar amounts for inflation every three years. This page explains Ohio's opt-out status, its homestead and other property exemptions, the Chapter 7 means test using current state income figures, and where Ohio residents file. It is general legal information, not legal advice.
Information last verified on September 6, 2026. Exemption amounts and means-test income figures change periodically; confirm current amounts before relying on them.
Scope: This article explains how Ohio exemptions and the federal means test apply to consumer bankruptcy. It is general legal information, not legal advice, and not a substitute for consulting an Ohio bankruptcy attorney about your situation.
Does Ohio Use State or Federal Bankruptcy Exemptions?
Ohio has opted out of the federal bankruptcy exemptions. Under 11 U.S.C. 522(b)(2) and O.R.C. 2329.662, a debtor domiciled in Ohio is not authorized to use the federal exemptions in 11 U.S.C. 522(d) and must claim the Ohio exemptions instead.
The federal Bankruptcy Code lets each state decide whether its residents may choose the federal exemption list. Ohio is one of roughly 35 states that opted out. Section 2329.662 of the Ohio Revised Code expressly provides that Ohio does not authorize debtors domiciled in the state to use the federal exemptions specified in the Bankruptcy Reform Act of 1978. Ohio filers instead use the exemptions in O.R.C. 2329.66, plus certain federal nonbankruptcy exemptions such as Social Security.
Which state's exemptions apply also depends on a residency rule. The Bankruptcy Code generally requires that you have been domiciled in a state for the 730 days (two years) before filing for that state's exemptions to apply. People who moved recently may have to use the exemptions of a prior state. Confirm your residency history with an attorney before assuming Ohio rules apply.
The Ohio Homestead Exemption
Ohio protects up to $182,625 of equity in a home for the cycle running April 1, 2025 through March 31, 2028. The Ohio Revised Code prints a base figure of $125,000, but O.R.C. 2329.66(B) directs the Ohio Judicial Conference to adjust every dollar amount in the section for inflation every third April, and the adjusted amount is the one that governs (O.R.C. 2329.66(A)(1) and (B)).
The homestead exemption is set in O.R.C. 2329.66(A)(1) and protects a debtor's interest in one parcel of real or personal property used as a residence. Unlike states with a flat statutory figure, Ohio adjusts its exemption dollar amounts for inflation every three years under O.R.C. 2329.66(B), which directs the Ohio Judicial Conference to raise each amount in the section to track the consumer price index and to publish the adjusted figures in the Register of Ohio. That is why the printed code text and the operative amount differ: the code still reads $125,000, while the adjusted homestead exemption for the cycle running April 1, 2025 through March 31, 2028 is $182,625, the figure the federal bankruptcy courts in Ohio publish for filers. Read the statute together with the current Judicial Conference adjustment rather than relying on the printed dollar figure alone.
There are limits. The homestead does not stop a forced sale for purchase-money debt on the home, for property taxes, or for a valid mortgage or mechanic's lien. Spouses filing jointly can each claim the homestead exemption on a co-owned residence, which can effectively double the protected equity.
A separate federal rule can override the state amount for recently acquired homes. Under 11 U.S.C. 522(p), a debtor cannot exempt more than $214,000 in homestead value acquired during the 1,215 days (about 40 months) before filing, for cases filed between April 1, 2025 and March 31, 2028. Because Ohio's homestead cap is below that federal ceiling for an individual, the 522(p) limit rarely binds a single Ohio filer, but the date you acquired your equity can still matter.
Vehicle, Personal Property, Wages, and Other Exemptions
For the cycle running April 1, 2025 through March 31, 2028, Ohio exempts $5,025 in one motor vehicle, household goods up to $16,850 in aggregate ($800 per item), tools of the trade up to $3,200, jewelry up to $2,125, $625 in cash and deposits, and a $1,675 wildcard in a bankruptcy case (O.R.C. 2329.66, as adjusted under division (B)).
The Ohio motor-vehicle exemption under O.R.C. 2329.66(A)(2) protects your interest in one vehicle up to $5,025 for the current cycle. Household furnishings, goods, appliances, books, animals, crops, and clothing are exempt up to $16,850 in aggregate, with no single item exceeding $800 (O.R.C. 2329.66(A)(4)(a)). Cash on hand, bank deposits, and tax refunds are exempt up to $625 (O.R.C. 2329.66(A)(3)).
Tools, books, and equipment used in your trade or profession are exempt up to $3,200 (O.R.C. 2329.66(A)(5)), and jewelry up to $2,125 (O.R.C. 2329.66(A)(4)(b)). Ohio also provides a wildcard exemption of $1,675 that a debtor may apply to an aggregate interest in any property under O.R.C. 2329.66(A)(18), which by its terms applies only in bankruptcy proceedings. Every one of these figures moves on the same triennial inflation adjustment as the homestead, so the next change is due April 1, 2028 and you should confirm the current adjustment before relying on any amount.
Wages are protected through Ohio's garnishment limits in O.R.C. 2329.66(A)(13), which exempt the greater of 75% of disposable earnings or a multiple of the federal minimum hourly wage that scales with how often you are paid: 30 times if you are paid weekly, 60 times if biweekly, 65 times if semimonthly, and 130 times if monthly. A debtor paid every two weeks is therefore protected up to 60 times the federal minimum wage, not 30. Retirement funds in qualified plans, public pensions, and most insurance benefits are also exempt under O.R.C. 2329.66.
The Chapter 7 Means Test in Ohio
For cases filed on or after July 15, 2026, the Ohio median family income is $66,239 for 1 earner, $83,725 for 2, $102,504 for 3, and $123,702 for a family of 4. The U.S. Trustee Program updates these figures about twice a year (justice.gov/ust).
The means test decides whether a Chapter 7 filing is presumed abusive. It starts by comparing your household's current monthly income, annualized, to the median family income for an Ohio household of your size. If your income is at or below the Ohio median, there is no presumption of abuse and you do not need to complete Form 122A-2, but that alone does not make you eligible for Chapter 7. If it is above the median, you complete a second part of the test that subtracts allowed expenses to see whether you have meaningful disposable income; if you do, Chapter 7 may be presumed abusive and Chapter 13 may be the path instead.
The current Ohio median family income figures published by the U.S. Trustee Program, for cases filed on or after July 15, 2026, are:
| Household size | Ohio median annual income |
|---|---|
| 1 earner | $66,239 |
| 2 people | $83,725 |
| 3 people | $102,504 |
| 4 people | $123,702 |
For households larger than four, the U.S. Trustee Program adds $11,100 per additional person. These figures are derived from Census Bureau data and are revised roughly twice a year, typically in spring and fall, so always confirm the current numbers for your filing date.
Chapter 7 vs. Chapter 13 and the Automatic Stay
Chapter 7 discharges most unsecured debts after a trustee liquidates any nonexempt property; Chapter 13 keeps your property in exchange for a three-to-five-year repayment plan. Both trigger the automatic stay, which immediately halts most collection, foreclosure, and garnishment.
Chapter 7 is a liquidation. A trustee can sell property that is not protected by an exemption and distribute the proceeds to creditors, then most remaining unsecured debts are discharged, usually within a few months. Because Ohio's homestead and household-goods exemptions are sizable, many Ohio filers keep all or nearly all of their property in Chapter 7.
Chapter 13 is a reorganization for people with regular income who want to catch up on a mortgage or car loan, who have nonexempt assets they want to keep, or whose means-test calculation raises a presumption of abuse in Chapter 7. You repay some or all of your debts through a court-approved plan lasting three to five years, and you receive a discharge when you complete it.
The moment you file either chapter, the automatic stay under 11 U.S.C. 362 takes effect. It stops most collection calls, lawsuits, wage garnishment, and foreclosure or repossession activity while your case proceeds. The stay is one of the most powerful immediate effects of filing, though some obligations, such as certain domestic-support actions, are not stayed.
Where Ohio Residents File
Ohio is split into two federal bankruptcy districts: the U.S. Bankruptcy Court for the Northern District of Ohio and the Southern District of Ohio. You file in the district that covers your county.
Ohio has two bankruptcy courts. The Northern District of Ohio serves the northern counties, with court offices including Cleveland, Akron, Canton, Toledo, and Youngstown. The Southern District of Ohio serves the southern counties, with offices including Columbus, Cincinnati, and Dayton. You generally file in the division that serves the county where you have lived for most of the 180 days before filing. Before filing, you must complete a credit-counseling course from an approved provider, and before discharge, a debtor-education course.
What Bankruptcy Can and Cannot Do
Bankruptcy discharges most unsecured debts such as credit cards and medical bills, but it generally does not erase most student loans, recent income taxes, child support, or alimony.
A discharge wipes out personal liability for most general unsecured debts, including credit cards, medical bills, and many personal loans. It does not eliminate most student loans (absent a separate showing of undue hardship), recent income tax debts, domestic-support obligations like child support and alimony, most government fines, or debts from fraud. Secured debts like a mortgage or car loan can be discharged as a personal obligation, but the lender keeps its lien, so you must keep paying if you want to keep the collateral.
Before you file, get a free bankruptcy evaluation from an Ohio lawyer on the means test and the current exemptions for your property (attorney advertising). The figures on this page were verified in September 2026 and should be confirmed against the current statutes and U.S. Trustee Program tables.
This is general legal information, not legal advice. Exemption statutes and means-test income figures change; the amounts here were verified in September 2026. Confirm current figures and how they apply to you with a licensed Ohio bankruptcy attorney.
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Frequently Asked Questions
Does Ohio use state or federal bankruptcy exemptions?
Ohio has opted out of the federal bankruptcy exemptions under 11 U.S.C. 522(b)(2) and O.R.C. 2329.662. Debtors domiciled in Ohio generally must use the Ohio exemption list in O.R.C. 2329.66 rather than the federal exemptions in 11 U.S.C. 522(d), though certain federal nonbankruptcy exemptions like Social Security still apply.
What is the homestead exemption in Ohio?
Ohio protects up to $182,625 of equity in a home for cases filed from April 1, 2025 through March 31, 2028 (O.R.C. 2329.66(A)(1)). The printed code text still reads $125,000, but O.R.C. 2329.66(B) requires the Ohio Judicial Conference to adjust every dollar amount in the section for inflation every third April, and the adjusted figure governs. The next adjustment is due April 1, 2028. Spouses filing jointly on a co-owned home can each claim the exemption.
What is the Ohio median income for the means test?
For cases filed on or after July 15, 2026, the U.S. Trustee Program lists the Ohio median family income as $66,239 for 1 earner, $83,725 for 2 people, $102,504 for 3 people, and $123,702 for a family of 4, plus $11,100 for each additional person. These figures are updated about twice a year, so confirm the current numbers for your filing date.
Will I lose my house or car if I file bankruptcy in Ohio?
Often no. Ohio's $182,625 homestead exemption and its $5,025 vehicle exemption, the adjusted amounts for the April 1, 2025 through March 31, 2028 cycle, let many filers keep their home and car in Chapter 7, as long as equity falls within the limits and any mortgage or car loan stays current. Outcomes depend on your specific equity, debts, and filing chapter, so consult an attorney.
Does Ohio have a wildcard exemption?
Yes. Ohio provides a wildcard exemption of $1,675 for the April 1, 2025 through March 31, 2028 cycle that a debtor may apply to an aggregate interest in any property under O.R.C. 2329.66(A)(18), which applies only in bankruptcy proceedings. Like the other Ohio amounts, it is adjusted for inflation every three years under O.R.C. 2329.66(B).
Where do I file bankruptcy in Ohio?
Ohio has two federal bankruptcy districts. The Northern District of Ohio (offices in Cleveland, Akron, Canton, Toledo, Youngstown) serves the northern counties, and the Southern District of Ohio (offices in Columbus, Cincinnati, Dayton) serves the southern counties. You file in the district covering the county where you have lived for most of the prior 180 days.
Updates
Clarified that income at or below the state median means the presumption of abuse does not arise under the Chapter 7 means test, not that a filer qualifies for Chapter 7.
Corrected the Ohio exemption amounts to the inflation-adjusted figures in force from April 1, 2025 through March 31, 2028 (homestead $182,625, motor vehicle $5,025, household goods $16,850, jewelry $2,125, tools of trade $3,200, wildcard $1,675), removed an inaccurate description of a 2025 legislative change to those amounts, corrected the wage exemption to show that the federal minimum wage multiplier scales with pay frequency, and updated the means test to the current U.S. Trustee data set.
Updated every Ohio bankruptcy exemption figure (homestead, vehicle, household goods, tools, jewelry, wildcard) to the current amounts set by Ohio House Bill 96, effective September 30, 2025, which reset the state's O.R.C. 2329.66 schedule below the prior inflation-adjusted table.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Ohio Revised Code
§ 2329.66Exempted interests and rightsIn forcecited in 3 of our articles
(A) Every person who is domiciled in this state may hold property exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order, as follows: (1)(a) In the case of a judgment or order regarding money owed for health care services rendered or health care supplies provided to…
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 451 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Daugherty v. Central Trust Co. (1986) held exempt personal earnings keep that status once deposited in a checking account if traceable, but are not protected from a bank's self-help setoff. State ex rel. Davis v. Turner (Slip Opinion) (2021) held the exemptions apply on execution, not to vacate a costs judgment.
Opinions citing this section in our collection:
- Daugherty v. Central Trust Co. (Ohio Supreme Court 1986, 28 Ohio St. 3d 441)✓A bank set off funds from a checking account holding only exempt wages against the depositor's matured debt; the Ohio Supreme Court held exempt earnings keep their exemption once deposited if traceable, but Section 2329.66 does not reach a bank's common law setoff.
- State v. Taylor (Slip Opinion) (Ohio Supreme Court 2020, 161 Ohio St. 3d 319)✓A man serving 36 years to life sought waiver of court costs, citing $19 a month in prison wages; the Ohio Supreme Court rejected his constitutional argument, reasoning in part that Section 2329.66 lets him exempt a minimum set of assets like any civil debtor.
- State ex rel. Davis v. Turner (Slip Opinion) (Ohio Supreme Court 2021, 164 Ohio St. 3d 395)✓An inmate assessed $136.95 in court costs claimed the funds in his prison account were exempt under Section 2329.66(A)(3); the Ohio Supreme Court held the exemption bears on executing a judgment, not on liability, and gives no basis for vacating the cost assessment.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, Ohio Homestead Exemption: 2026 Amount, Income Limit and How to Apply
§ 2329.662Federal exemption not authorizedIn force
Pursuant to the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A. 522 (b)(1), this state specifically does not authorize debtors who are domiciled in this state to exempt the property specified in the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A. 522 (d).
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Stacy v. Gibson (Ohio Court of Appeals 2019, 2019 Ohio 2751)“…such bankruptcy rules do not apply in Ohio courts,” citing R.C. 2329.662; he argues that to qualify funds as exe…”
- Kearney v. Campbell (Ohio Court of Appeals 2016, 2016 Ohio 1332)“…the exemptions provided under Ohio law.” Id. at 607, citing R.C. 2329.662. A debtor may claim an exemptio…”
- In Re Guikema (United States Bankruptcy Court, S.D. Ohio 2005, 329 B.R. 607)“…assumed annual growth rate of 2%. 4 . Ohio Rev.Code Ann. § 2329.662 provides: Pursuant to the “Ban…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 11
§ 522ExemptionsIn forcecited in 54 of our articles
In this section— “dependent” includes spouse, whether or not actually dependent; and “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 7,574 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Taylor v. Freeland & Kronz (1992) held that a trustee who does not object within the 30-day period cannot later challenge an exemption claimed under 522(l), even one with no statutory basis. Owen v. Owen (1991) held that 522(f) lien avoidance is not defeated by a state exemption written to exclude lien-encumbered property.
Opinions citing this section in our collection:
- Taylor v. Freeland & Kronz (Supreme Court of the United States 1992, 503 U.S. 638)✓A Chapter 7 debtor listed the entire proceeds of her TWA discrimination suit as exempt and the trustee let the 30-day objection window lapse; the Court held that under § 522(l) the property is exempt once no one objects, even absent a colorable statutory basis.
- Patterson v. Shumate (Supreme Court of the United States 1992, 504 U.S. 753)✓A debtor's $250,000 ERISA pension interest was excluded from his estate under § 541(c)(2); answering a surplusage argument, the Court read § 522(d)(10)(E) as exempting a broader set of plans, and expressly declined to decide whether § 522(b)(2)(A) also applied.
- Owen v. Owen (Supreme Court of the United States 1991, 500 U.S. 305)✓An ex-wife's judgment lien attached to a Florida condo before state law made it a homestead; the Court held § 522(f) measures impairment against the exemption the debtor would have had but for the lien, so Florida's carve-out for prior liens did not defeat avoidance.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy Laws by State (2026): Exemptions & Means Test, Bankruptcy in Alabama (2026): Exemptions & Means Test, Bankruptcy in Alaska (2026): Exemptions & Means Test
§ 362Automatic stayIn forcecited in 54 of our articles
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; any act to create, perfect, or enforce any lien against property of the estate; any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; any act to…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 19,606 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (1988) held that an undersecured creditor gets no interest as adequate protection under 362(d)(1) for delay caused by the stay. NLRB v. Bildisco & Bildisco (1984) applied 362(a) in requiring claims be pursued through bankruptcy administration, not suit.
Opinions citing this section in our collection:
- Clinton v. Jones (Supreme Court of the United States 1997, 520 U.S. 681)“…ublic interests. Brief for Petitioner 34-36. See, e. g., 11 U. S. C. § 362 (litigation against debtor stayed upon…”
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (Supreme Court of the United States 1988, 484 U.S. 365)✓An undersecured lender on a Houston apartment project sought monthly payments as the price of continuing the § 362(a) automatic stay; the Court held that 'adequate protection' under § 362(d)(1) does not entitle it to interest for the delay in foreclosing on its collateral.
- Pennzoil Co. v. Texaco Inc. (Supreme Court of the United States 1987, 481 U.S. 1)“…if it were forced to file for bankruptcy under Chapter 11. 11 U. S. C. §362 . Texaco, or its successor in interest,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy in Arizona (2026): Exemptions & Means Test, Bankruptcy in Arkansas (2026): Exemptions & Means Test, Bankruptcy in California (2026): Exemptions & Means Test
Sources and References
- O.R.C. 2329.66 (Ohio exemptions: homestead, motor vehicle, household goods, tools of trade, wildcard; triennial inflation adjustment under (B)), Ohio Laws / Ohio Revised Code(codes.ohio.gov).gov
- O.R.C. 2329.662 (Ohio does not authorize debtors domiciled in the state to use the federal 11 U.S.C. 522(d) exemptions; opt-out)(codes.ohio.gov).gov
- Census Bureau Median Family Income by Family Size, cases filed on or after April 1, 2026 (Ohio: 1=$66,239; 2=$83,725; 3=$102,504; 4=$123,702; add $11,100 per additional person), U.S. Trustee Program(justice.gov).gov
- 11 U.S.C. 522 (exemptions; opt-out under (b)(2); 1,215-day homestead cap of $214,000 under (p)), Cornell Legal Information Institute(law.cornell.edu)
- 11 U.S.C. 362 (the automatic stay), Cornell Legal Information Institute(law.cornell.edu)
- U.S. Bankruptcy Court for the Northern District of Ohio (Cleveland, Akron, Canton, Toledo, Youngstown)(ohnb.uscourts.gov).gov
- U.S. Bankruptcy Court for the Southern District of Ohio (Columbus, Cincinnati, Dayton)(ohsb.uscourts.gov).gov
- Ohio Exemption Amounts, April 1, 2025 through March 31, 2028 (homestead $182,625; motor vehicle $5,025; cash $625; household goods $16,850 aggregate / $800 per item; jewelry $2,125; tools of trade $3,200; wildcard $1,675), U.S. Bankruptcy Court for the Southern District of Ohio(ohsb.uscourts.gov)
- Census Bureau Median Family Income by Family Size, cases filed on or after July 15, 2026 (Ohio: 1=$66,239; 2=$83,725; 3=$102,504; 4=$123,702; add $11,100 per additional person), U.S. Trustee Program(justice.gov)
- Means Testing Information, U.S. Trustee Program (index of data sets by case filing date; current set applies to cases filed on or after July 15, 2026)(justice.gov)
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