The automatic stay, exemptions and discharge — explained, not advised.
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this right11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this right11 U.S.C. § 522(b)(1)–(3)
In bankruptcy, you can keep ("exempt") certain property from creditors. For your home, the federal exemption protects equity up to a set dollar amount, but many states make you use the state's own list instead. Some state homestead exemptions are much larger than the federal one; some are smaller.
Read this rightAla. Code § 6-10-2
Alabama protects the homestead of every resident, up to 160 acres, from levy and sale to collect most debts, up to a dollar value. The statute’s base is $15,000; the amount is adjusted periodically, and our state profile reports $18,800 per owner.
Read this rightAlaska Stat. § 09.38.010(a)
Alaska protects your interest in the home you or your dependents use as a principal residence, up to a dollar cap. The statute states $54,000, but the amount is adjusted by regulation; our state profile reports $72,900 for 2026. Only one cap applies per residence.
Read this rightAriz. Rev. Stat. § 33-1101(A)
Arizona protects up to $400,000 of equity in the home you live in (house, condo, co-op or mobile home) from most creditors. The amount is adjusted for inflation each year. Only one homestead is allowed per married couple.
Read this rightArk. Const. art. 9, § 3
Arkansas’s Constitution protects the homestead of a resident who is married or the head of a family from judgment liens and forced sale, except for purchase money, certain liens for improvements, and taxes. In a city or town the homestead is up to one acre (value limit $2,500), but never less than one-quarter acre regardless of value; rural homesteads are larger.
Read this rightCal. Code Civ. Proc. § 704.730(a)–(b)
California protects part of the equity in the home you live in from most creditors, including in bankruptcy. The amount is the greater of $300,000 or the county median price for a single-family home the year before, up to $600,000, adjusted for inflation each year.
Read this rightColo. Rev. Stat. § 38-41-201(1)(a)–(b)
Colorado protects up to $250,000 of equity in the home you live in from most creditors. The amount is $350,000 if the owner, a spouse or a dependent is 60 or older or disabled.
Read this rightConn. Gen. Stat. § 52-352b(21)
Connecticut protects up to $250,000 of equity in your homestead from most money judgments. Equity means the market value minus liens on the home. A lower $75,000 limit applies to judgments for certain serious intentional wrongs.
Read this rightDel. Code tit. 10, § 4914(c)(1)
In a bankruptcy or state insolvency case, a Delaware debtor can protect up to $200,000 of equity in real property or a manufactured home that is the debtor’s principal residence. Outside bankruptcy, Delaware gives much less protection to a home.
Read this rightD.C. Code § 15-501(a)(14)
D.C. exempts a debtor’s interest in the real property used as the residence of the debtor or a dependent, including a co-op interest, from most creditors. The statute sets no dollar limit.
Read this rightFla. Const. art. X, § 4(a)(1)
Florida’s Constitution protects your homestead from forced sale by most creditors, with no dollar limit. The limit is size: up to one-half acre inside a city or town, or up to 160 acres outside one. It does not protect against the mortgage used to buy or improve the home, or against property taxes.
Read this rightO.C.G.A. § 44-13-100(a)(1)
Georgia protects some of the equity in the home you live in, especially in bankruptcy. The code text we could read showed $21,500 ($43,000 when one spouse holds title for a married couple). Our state profile reports that a 2026 change raised the bankruptcy amount to $50,000 ($100,000 in that married case). Check the current figure before relying on it.
Read this rightHaw. Rev. Stat. § 651-92(a)
Hawaii protects an interest in one parcel of real property up to $30,000 in value for a head of family or a person 65 or older, and up to $20,000 for other people, from most money judgments.
Read this rightIdaho Code § 55-1003
Idaho protects up to $175,000 of equity in the home you live in from most creditors. The protection applies automatically once you occupy the home.
Read this right735 ILCS 5/12-901
Illinois protects up to $50,000 of equity in the home you live in (a house, farm, condo, co-op or mobile home). If two or more people own and live in it, each can claim up to $50,000, for a total of $100,000.
Read this rightInd. Code § 34-55-10-2(c)(1)
Indiana protects some equity in the home you or a dependent live in from most creditors. The statute’s base amount is $15,000, but it is adjusted periodically by rule; our state profile reports $22,750 ($45,500 for spouses owning as tenants by the entirety).
Read this rightIowa Code § 561.16
Iowa exempts your homestead from judicial sale by most creditors, with no dollar limit. The size limits are one-half acre inside a city plat or 40 acres elsewhere. A household can claim only one homestead. It does not protect against the mortgage on the home.
Read this rightKan. Stat. § 60-2301
Kansas protects your homestead from forced sale by most creditors with no dollar limit. The limits are size: up to 160 acres of farmland or one acre inside a city, or a manufactured or mobile home, occupied by you or your family. It does not protect against the mortgage on the home or property taxes.
Read this rightKy. Rev. Stat. § 427.060
Kentucky protects up to $5,000 of your interest in the home you or a dependent use as a permanent residence from sale by most judgment creditors. It does not apply to your mortgage, or to debts that existed before you bought the home.
Read this rightLa. Rev. Stat. § 20:1(A)(1)–(2)
Louisiana protects up to $35,000 in value of the home you live in from seizure and sale by most creditors, on up to 5 acres in a city or 200 acres outside one. For debts that come directly from a catastrophic or terminal illness or injury, the full value is protected.
Read this rightMe. Rev. Stat. tit. 14, § 4422(1)(1)(A)–(B)
Maine protects up to $80,000 of your interest in the home you or a dependent live in. The amount is higher ($160,000 under the statute) if minor dependents live with you or if you are 60 or older or disabled. The figures are adjusted for inflation every few years.
Read this rightMd. Code, Cts. & Jud. Proc. § 11-504(f)(f)(1)(i)2
In a bankruptcy case, Maryland lets you protect some equity in owner-occupied residential property, including a condo, a converted manufactured home, or a co-op you live in. The dollar cap is tied to the federal homestead figure. Outside bankruptcy, Maryland has no general homestead exemption, but a home owned by spouses as tenants by the entirety can be shielded from one spouse’s creditors.
Read this rightMass. Gen. Laws ch. 188, § 1
Massachusetts automatically protects $125,000 of equity in your home from most creditors. If you record a Declaration of Homestead at the Registry of Deeds, the protection rises to $1,000,000. Recording is inexpensive and can be done before any debt problem.
Read this rightMCL 600.6023(1)(g)
Outside bankruptcy, Michigan protects a homestead you own and live in up to $3,500 in value, on up to 40 acres or one lot in a city. In bankruptcy, a larger state homestead exemption applies (more if you are 65 or older or disabled), or you may choose the federal list.
Read this rightMinn. Stat. § 510.02subd. 1–2
Minnesota protects a large amount of equity in the home you live in: the statute sets $510,000 ($1,275,000 if used mainly for farming), and the figures are adjusted periodically for inflation. Our state profile reports $540,000 ($1,350,000 agricultural) from July 1, 2026.
Read this rightMiss. Code Ann. § 85-3-21
Mississippi protects the homestead of a householder, up to 160 acres and $75,000 in value, from most creditors.
Read this rightMo. Rev. Stat. § 513.4751.
Missouri protects some value in the home you live in from most creditors. The current amount is $15,000. A 2026 law raises it to $40,000 starting January 1, 2027.
Read this rightMont. Code Ann. § 70-32-104
Montana protects a homestead up to a value set in the statute. Our state profile reports a $350,000 base from 2021 that rises 4% each January (about $425,829 in 2026). You generally must record a declaration of homestead to claim it.
Read this rightNeb. Rev. Stat. § 40-101
Each person living in Nebraska may protect a homestead worth up to $120,000 — the house they live in and its land (within acreage limits) — from judgment liens and forced sale.
Read this rightNev. Rev. Stat. § 115.010(1), (2)
A recorded Nevada homestead is not subject to forced sale by judgment creditors for equity up to $605,000. You must record a declaration of homestead to claim it.
Read this rightN.H. Rev. Stat. § 480:1
Every person in New Hampshire is entitled to $400,000 worth of their homestead as protected from most creditors. It covers houses, condos, co-ops and owned manufactured housing used as a dwelling.
Read this rightN.M. Stat. Ann. § 42-10-9(B)
New Mexico lets a person protect up to $150,000 in their home from most creditors.
Read this rightN.Y. C.P.L.R. 5206(a)
New York protects equity in your principal residence from ordinary money judgments up to a dollar limit that depends on your county. The statute sets three county tiers, and the amounts are adjusted for inflation every three years (about $102,400 to $204,825 as of April 2024).
Read this rightN.C. Gen. Stat. § 1C-1601(a)(1)
North Carolina lets you protect up to $35,000 of your interest in the home you or a dependent live in from judgment creditors. An unmarried debtor 65 or older may protect up to $60,000 if the property was owned with a spouse who has died.
Read this rightN.D. Cent. Code § 47-18-01
North Dakota protects the land and home you live in from judgment liens and forced sale, up to $150,000 in value above liens and mortgages.
Read this rightOhio Rev. Code § 2329.66(A)(1)
Ohio lets you protect a set amount of equity in the home you or a dependent live in from judgment creditors. The statute text shows a base of $125,000; the amount is adjusted every three years (about $182,625 from April 2025).
Read this rightOkla. Stat. tit. 31, § 1(A)(1)
Oklahoma protects the home that is your principal residence from attachment and forced sale by most creditors, with no dollar cap within the acreage limits (1 acre in a city or town, 160 acres rural). Limits apply if part of it is used for business.
Read this rightOr. Rev. Stat. § 18.395(1)
Oregon protects your homestead from sale on execution and most debts up to a set value. The statute states $150,000 (more when two or more household members are debtors), and the amount is adjusted yearly for inflation (about $158,300 from July 2026).
Read this rightR.I. Gen. Laws § 9-26-4.1
An owner who occupies (or intends to occupy) a home as a principal residence may have an estate of homestead of up to $500,000 protected from many creditors.
Read this rightS.C. Code § 15-41-30(A)(1)
South Carolina protects your interest in the home you or a dependent live in from levy and sale by creditors, up to an indexed amount. The statute text shows a base of $50,000 per debtor; it is adjusted for inflation (about $80,125 as of July 2026).
Read this rightS.D. Codified Laws § 43-31-1
The homestead of every South Dakota resident family is exempt from judicial sale, judgment liens and court process, within the limits the law sets (acreage limits; a dollar cap applies for some owners, such as those 70 and older).
Read this rightTenn. Code Ann. § 26-2-301(a)
Tennessee protects up to $35,000 of value in your principal residence from most creditors (the statute sets other amounts for some situations, such as joint owners).
Read this rightTex. Const. art. XVI, § 50(a)
The Texas Constitution protects a family’s or single adult’s homestead from forced sale for almost all debts. The protection has no dollar cap; it is limited by land size (10 acres in a town or city; up to 200 acres rural for a family, 100 for a single adult). Only listed debts — like the purchase loan, property taxes, valid home-equity loans and home-improvement liens — can force a sale.
Read this rightUtah Code § 78B-5-503(2)(a)
Utah protects a primary personal residence (up to one acre) from creditors up to an indexed amount. The statute text shows $42,000 for a primary residence; the amount is adjusted for inflation (about $53,700 today). You must file a homestead declaration to claim it.
Read this rightVt. Stat. Ann. tit. 27, § 101
Vermont protects your homestead — the dwelling house, outbuildings and land used with them — up to $125,000 in value from attachment and execution.
Read this rightVa. Code § 34-4
Every Virginia householder may protect up to $5,000 of property ($10,000 if 65 or older) from creditors, plus up to $50,000 in property used as the principal residence of the householder or dependents. More is allowed for each dependent.
Read this rightRCW 6.13.030(1)
Washington protects your homestead from most judgment creditors up to the greater of $125,000 or the county median sale price of a single-family home in the previous year.
Read this rightW. Va. Code § 38-9-1
A West Virginia head of household who owns a homestead has a homestead exemption of $5,000 by operation of law. In bankruptcy, a larger state exemption (about $35,000) is available under a separate section.
Read this rightWis. Stat. § 815.20(1)
Wisconsin protects your homestead from most judgments and debts up to $75,000; each spouse may claim up to $75,000. If you sell, the protection follows the sale money for two years while you plan to buy another home.
Read this rightWyo. Stat. § 1-20-101
Every Wyoming resident is entitled to a homestead worth up to $100,000 exempt from execution and attachment for most debts. When two or more people jointly own and occupy the home, each can claim the exemption.
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