OREGON

Has state opted out of federal bankruptcy exemptions? No. Or. Rev. Stat. § 18.300.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Yes. See In re Stratton, 269 B.R. 716 (Bankr. D. Or. 2001) (Oregon homestead exemption applied to property in California).

Personal property: Probably yes, based on In re Stratton, 269 B.R. 716 (Bankr. D. Or. 2001).

Wages: Or. Rev. Stat. §§ 18.348, 18.375, 18.385.

Scope: Compensation paid or payable for personal services, whether called wages, salary, commission, bonus, or otherwise, including periodic payments pursuant to pension or retirement plan. Some independent contractors are covered. Or. Rev. Stat. § 18.375.

Amount: Greater of 75% of disposable earnings or $254/week is exempt. Disposable earnings are those left over after legally required deductions. Discharge for garnishment forbidden. Or. Rev. Stat. § 18.385.

Survival after payment/deposit: Yes, if funds are traceable and not more than $7500 accumulated. Or. Rev. Stat. § 18.348.

Waiver: Waivers are void. Or. Rev. Stat. § 18.385(8).

Homestead: Or. Rev. Stat. §§ 18.395, 18.398, 18.402.

Amount: $40,000 in a residence (explicitly covers purchaser’s interest in a land sale contract), manufactured or floating home explicitly included (Or. Rev. Stat. §§ 18.395(1), 18.395(9), 18-395(10)); if two members of household are debtors whose interests in homestead are subject to execution, may not exceed $50,000 (Or. Rev. Stat. § 18.395(1)); may not exceed 160 acres if outside town or city; may not exceed one block if within town or city (Or. Rev. Stat. § 18.402); homestead exemption subject to certain liens.

Procedural requirements: None specified in exemption statute.

Special provisions: Proceeds exempt for one year if debtor intends to use them to purchase another homestead. Or. Rev. Stat. §§ 18.395(2), 18.395(3). No homestead may be sold for a debt of $3000 or less, except for two or more judgments for the same judgment creditor that total $3000 or more. Or. Rev. Stat. §§ 18.395(5) through 18.395(7).

Waiver: Not specified in exemption statute.

Tangible personal property: Or. Rev. Stat. §§ 18.345, 18.362.

Household goods: $3000 in household goods, a 60-day supply of fuel and provisions. Or. Rev. Stat. § 18.345(1)(f).

Motor vehicles: $3000 (joint debtors may stack). Or. Rev. Stat. §§ 18.345(l)(d), 18.345(3).

Tools of trade: $5000 (joint debtors may stack). Or. Rev. Stat. §§ 18.345(1)(c), 18.345(3).

Clothing and jewelry: $1800 in wearing apparel, jewelry, and other personal items (joint debtors may stack). Or. Rev. Stat. §§ 18.345(1)(b), 18.345(3).

Miscellaneous and wildcard: $400 which can be stacked by joint debtors and applied toward any personal property, but which cannot be used to increase another exemption (Or. Rev. Stat. § 18.345(1)(p)); $600 in books, pictures, and musical instruments (joint debtors may stack) (Or. Rev. Stat. §§ 18.345(1)(a), 18.345(3)); all health aids; $1000 in animals, poultry and 60-day supply of feed (Or. Rev. Stat. § 18.345(1)(e)); and a rifle or shotgun and one pistol, the combined value of which may not exceed $1000. Or. Rev. Stat. § 18.362.

Waiver: Not specified in exemption statute.

Benefits, retirement plans, insurance, judgments, and other intangibles: Or. Rev. Stat. §§ 18.345, 18.348, 18.352, 18.358.

Public benefits: The right to receive an earned income tax credit under federal law, and all moneys traceable to a payment of an earned income tax credit. Or. Rev. Stat. § 18.345(1)(n). Veterans’ benefits and loans. Or. Rev. Stat. § 18.345(1)(m). Numerous other public benefits are exempted by the statutes establishing the benefit programs. See, e.g., Or. Rev. Stat. § 411.760. Unemployment, workers’ compensation, and most other state or Federal benefits may be reached for family support.

Pensions, retirement plans, and annuities: Certain pensions and private retirement plans and annuities, including rollovers from employee pensions to individual accounts. Or. Rev. Stat. § 18.358.

Insurance, judgments, or other compensation for injury: Right to receive, or property traceable to, award under crime victim reparation law (Or. Rev. Stat. § 18.345(1)(j)); right to receive, or property traceable to, personal injury compensation up to $10,000 (Or. Rev. Stat. § 18.345(1)(k)); right to receive, or property traceable to, compensation for loss of future earnings, to extent needed for support. Or. Rev. Stat. § 18.345(1)(l).

Bank accounts: Not specified in exemption statute (except as to survival of exemption in certain exempt funds). Or. Rev. Stat. § 18.348. Medical or health savings account. Or. Rev. Stat. § 18.345(1)(o).

Alimony, child support: Spousal support, child support, or separate maintenance, to the extent needed for support. Or. Rev. Stat. § 18.345(1)(i).

Tax refunds: The right to receive an earned income tax credit under federal law, and all moneys traceable to a payment of an earned income tax credit. Or. Rev. Stat. § 18.345(1)(n).

Survival after payment or deposit: Funds exempt under other specified statutes (including retirement plans, wages, public employees’ pensions, vocational rehabilitation, college tuition savings, veterans’ loans, public assistance, aid to blind or disabled, old age assistance, Medicaid, benefits for injured inmates, workers’ compensation, unemployment, benefits from fraternal organizations, Social Security, and veterans’ benefits) remain exempt if deposited in bank account, so long as traceable, but exemption lost if more than $7500 accumulated. The limit on accumulation does not apply to funds exempted by 42 U.S.C. § 407 (the anti-alienation provision of the Social Security law). Or. Rev. Stat. § 18.348.