| In general, a debtor may claim exemption of his homestead and certain personal
property from attachment or execution or forced sale for the payment of debts. A debtor
is entitled to a homestead exemption up to an amount of $25,000 in value for an individual
and a combined exemption of $33,000 if two or more members of a household are debtors
whose interests in the homestead are subject to execution. The homestead must be the
actual abode of and occupied by the owner or the owner's spouse, parent or child.
(ORS 23.240.)
Personal property which are exempt from attachment or execution may include books,
pictures and musical instruments to the value of $600; wearing apparel, jewelry and other
personal items to the value of $1,800; tools, implements, apparatus, team, harness or
library, necessary to enable the judgment debtor to carry on the trade, occupation or
profession by which the judgment debtor habitually earns a living, to the value of $3,000;
a vehicle to the value of $1,700; domestic animals and poultry kept for family use, to the
total value of $1,000 and food sufficient to support such animals and poultry for 60 days;
household goods, furniture, radios, a television set and utensils all to the total value
of $3,000, if the judgment debtor holds the property primarily for the personal, family or
household use of the judgment debtor; provisions actually provided for family use and
necessary for the support of a householder and family for 60 days and also 60 days' supply
of fuel; all professionally prescribed health aids for the debtor or a dependent of the
debtor; spousal support, child support, or separate maintenance to the extent reasonably
necessary for the support of the debtor and any dependent of the debtor; the debtor's
right to receive, or property that is traceable to an award under any crime victim
reparation law, a payment or payments, not to exceed a total of $10,000, on account of
personal bodily injury of the debtor or an individual of whom the debtor is a dependent;
and a payment in compensation of loss of future earnings of the debtor or an individual of
whom the debtor is or was a dependent, to the extent reasonably necessary for the support
of the debtor and any dependent of the debtor; the debtor's interest, not to exceed $400
in value, in any personal property. However, this exemption may not be used to increase
the amount of any other exemption. (ORS 23.160.)
Other exemptions may include qualified retirement or pension plans (ORS 23.170, ORS
23.185), vocational rehabilitation benefits (ORS 344.580), veteran benefits (ORS 407.595),
welfare benefits (ORS 411.760) and workers' compensation benefits (ORS 656.234).
In a bankruptcy proceeding, residents of the State of Oregon are not permitted to claim
the federal exemptions provided in Section 522 (d) of the Bankruptcy Code of 1978 (11
U.S.C. 522 (d)). (ORS 23.305.) |
