Sec. 0.2. (a) The amendments made to IC 34-2-28 (before its repeal, now codified in this chapter) by P.L.182-1986 do not apply to causes of action in tort that accrue before September 1, 1986. (b) The amendments made to IC 34-2-28-1 (before its repeal, now codified at section 2 of this chapter) by P.L.290-1989 apply […]
Sec. 1. In accordance with Section 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. 522(b)), in any bankruptcy proceeding, an individual debtor domiciled in Indiana is not entitled to the federal exemptions as provided by Section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)). [Pre-1998 Recodification Citation: 34-2-28-0.5.] As added by P.L.1-1998, […]
[Pre-1998 Recodification Citation: 34-2-28-9.] As added by P.L.1-1998, SEC.51. Repealed by P.L.179-2005, SEC.20.
Sec. 11. In all cases in which real property is claimed as exempt from sale on execution, if the real property is susceptible of division by metes and bounds without material injury, the real property shall be divided to exempt the principal dwelling house or homestead of the debtor. [Pre-1998 Recodification Citation: 34-2-28-10.] As added […]
Sec. 12. Before a debtor receives the benefit of the exemption provided by this chapter, the debtor shall deliver to the officer holding the execution a schedule of all the debtor’s property, as required by law, if an exemption from sale on execution is claimed. [Pre-1998 Recodification Citation: 34-2-28-11.] As added by P.L.1-1998, SEC.51. Amended […]
Sec. 13. In any case when the execution defendant is absent from Indiana, or is absent himself or herself from home, and an attachment or execution is directed against the execution defendant’s property, the spouse may: (1) make out and verify the schedule of the absent spouse’s property, and claim and receive for the absent […]
Sec. 14. The exemption under this chapter does not: (1) affect any laborer’s or mechanic’s lien or lien for the purchase money of the real property exempted; or (2) exempt any property from taxation or from sale for taxes. [Pre-1998 Recodification Citation: 34-2-28-14.] As added by P.L.1-1998, SEC.51.
Sec. 2. (a) This section does not apply to judgments obtained before October 1, 1977. (b) The amount of each exemption under subsection (c) applies until a rule is adopted by the department of financial institutions under section 2.5 of this chapter. (c) The following property of a debtor domiciled in Indiana is exempt: (1) […]
Sec. 2.5. (a) The department of financial institutions shall adopt a rule under IC 4-22-2 establishing the amount for each exemption under section 2(c)(1) through 2(c)(3) of this chapter to take effect not earlier than January 1, 2010, and not later than March 1, 2010. (b) The department of financial institutions shall adopt a rule […]
Sec. 3. The debtor may designate real property, personal property, or both, as the exempted property. [Pre-1998 Recodification Citation: 34-2-28-2.] As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.12.
Sec. 4. For the appraisal of any property to be exempted under this chapter, two (2) appraisers shall be chosen, one (1) by the plaintiff or the plaintiff’s agent or attorney, and one (1) by the debtor. These two (2), in case of disagreement, shall select a third. If either party fails to select an […]
Sec. 5. The appraisers shall make a schedule of the real and personal property selected by the debtor, describing the real estate by metes and bounds, and the personal property by separate items, affixing to each the value they agree upon. The appraisers, or a majority, shall affix to the schedule an affidavit in substance […]
Sec. 6. The schedule of real and personal property shall be delivered to the officer holding the execution or other process. The officer shall return the schedule with the execution or other process and make the schedule a part of the return. However, all second or subsequent appraisals under this chapter are at the cost […]
[Pre-1998 Recodification Citation: 34-2-28-6.] As added by P.L.1-1998, SEC.51. Repealed by P.L.179-2005, SEC.20.
Sec. 8. If the debtor claims as exempt from execution personal property only, the officer holding the execution shall cause the property to be appraised and set apart to the debtor, and shall proceed to sell such other property, if any, that is subject to execution according to law. [Pre-1998 Recodification Citation: 34-2-28-7.] As added […]
Sec. 9. (a) If the value of a debtor’s interest in property for which an exemption is claimed exceeds the amount of the exemption, the property may be sold. However, the debtor must be paid an amount equal to the debtor’s exemption in the property from the proceeds of the sale. (b) In making the […]
