Ohio Bankruptcy Laws - Pensions

According to Ohio Revised Code Section 2329.66(A) the following items are exempt:  1) ERISA-qualified benefits needed for support, 2) Firefighters, police officers, 3) Firefighters’ police officers’ death benefits, 4) IRAs needed for support, 5) Keoghs needed for support, 6) Public employees, 6) Public school employees, 7) State highway patrol employees, and 8) Volunteer firefighters’ dependents. Under Ohio Revised Code Section 2329.69 - Exemptions apply to all courts - "Sections 2329.63 to 2329.71 of the Revised Code, with respect to exemptions, apply to all courts in this state, and a person is entitled to all applicable exemptions in any case or proceeding before any court or officer."

Operation of Ohio bankruptcy laws with the Code

According to 11 U.S.C. 522(l) "The debtor shall file a list of property that the debtor claims as exempt under subsection (b) of this section. If the debtor does not file such a list, a dependent of the debtor may file such a list, or may claim property as exempt from property of the estate on behalf of the debtor. Unless a party in interest objects, the property claimed as exempt on such list is exempt." The trustee, creditors, an interested party, or the Ohio bankruptcy court upon it's own motion, may file an objection to exemptions designated within a debtor's schedule. Denial requires notice to debtors and hearing.

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