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Pennsylvania law

Bankruptcy Laws in Pennsylvania.

Bankruptcy is governed by federal law, but Pennsylvania determines which property exemptions apply. Pennsylvania allows debtors to choose between state and federal bankruptcy exemptions. Pennsylvania has NO homestead exemption — one of the very few states without one — making it critical to use the federal exemptions when equity in a home is at stake. The wildcard exemption under federal rules can be used to protect some home equity.

Last verified: 2026-02-25

State law

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Domicile Requirement

You must have been domiciled in Pennsylvania for at least 730 days (2 years) before filing to use Pennsylvania exemptions (or federal exemptions if PA allows). Otherwise, your prior state's exemptions may apply.

State law

Key Pennsylvania Statutes

No State Homestead Exemption42 Pa.C.S. § 8123 (general exemptions)

Pennsylvania is one of the few states with NO homestead exemption. This means your home equity is not protected under state exemptions. However, Pennsylvania allows filers to choose federal bankruptcy exemptions, which include a homestead exemption of approximately $27,900 (adjusted periodically).

Pennsylvania has not opted out of federal bankruptcy exemptions under 11 U.S.C. § 522(b)(2), so filers may choose between state and federal exemptions. This is often the better choice because the federal exemptions include a homestead exemption that Pennsylvania state law does not provide. State law additionally prohibits waiver of statutory exemptions (42 Pa.C.S. § 8122).

Personal Property Exemptions42 Pa.C.S. § 8124

State exemptions protect: $300 in cash or bank deposits, wearing apparel, Bibles and schoolbooks, sewing machines, and $300 of other personal property. These are notably low compared to most states.

Retirement Account Exemptions42 Pa.C.S. § 8124(b.1)

Retirement accounts including 401(k)s, 403(b)s, IRAs, and pensions are exempt. IRAs are protected up to approximately $1,512,350 per person. Employer-sponsored plans are fully exempt under federal ERISA protections.

Wage Exemption42 Pa.C.S. § 8127

Earned but unpaid wages are generally 100% exempt from execution in Pennsylvania, except for claims related to support obligations, landlord-tenant disputes, and certain board or housing charges.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Pennsylvania.

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