Wyoming
Bankruptcy in Wyoming (2026): Exemptions & Means Test
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 4 primary sources cited on this page. How we verify our legal content
Bankruptcy is governed by federal law, but the property you can protect when you file in Wyoming is set largely by Wyoming's own exemption statutes. Wyoming has opted out of the federal bankruptcy exemptions, so filers here use the state list in Title 1, Chapter 20 of the Wyoming Statutes rather than the federal menu. The figures below reflect amounts in effect in 2026, and you should confirm the current numbers before relying on them.
This page is general legal information, not legal advice. It is part of our Bankruptcy by State series.
Does Wyoming use state or federal bankruptcy exemptions?
Wyoming is an opt-out state. Under 11 U.S.C. 522(b), a state may bar its residents from using the federal bankruptcy exemptions, and Wyoming has done so in Wyo. Stat. 1-20-109. A debtor whose domicile has been in Wyoming for the applicable period before filing must use the Wyoming exemptions in Title 1, Chapter 20 rather than the federal 522(d) list. You cannot pick the federal menu, and you cannot mix the two systems.
Even though the federal 522(d) menu is off the table, a Wyoming filer can still claim the federal nonbankruptcy exemptions, which protect items like Social Security benefits and certain federal pensions, alongside the Wyoming exemptions. Domicile timing matters: the rules in 11 U.S.C. 522(b)(3) look back over the years before filing to decide which state's exemptions apply, so a recent move can change which list governs your case. Married couples filing jointly can generally each claim a full set of the Wyoming exemptions.
Wyoming homestead exemption
Wyoming's homestead exemption is the headline protection for homeowners. Under Wyo. Stat. 1-20-101, every resident is entitled to a homestead not exceeding $100,000 in value, exempt from execution and attachment. The legislature raised the amount to $100,000 effective in 2023, so it is far higher than the $20,000 cap that applied for many years before.
The exemption is granted per person. Under Wyo. Stat. 1-20-102, when two or more persons jointly own and occupy the same residence, each is entitled to the homestead exemption, so a married couple who jointly own and live in the home can protect up to $200,000 combined. The homestead may consist of a house and the land it sits on, or a mobile home, under the terms of Wyo. Stat. 1-20-104.
Homestead protection covers equity, not the full value of the home. A residence worth more than the mortgage plus the available exemption can still leave non-exempt equity that a Chapter 7 trustee may reach. Because the figure is fixed by statute rather than indexed, confirm the current amount in Wyo. Stat. 1-20-101 before filing.
Vehicle, wildcard, and personal-property exemptions
Beyond the home, Wyoming protects a range of everyday property, chiefly under Wyo. Stat. 1-20-105 and 1-20-106:
- Motor vehicle: up to $5,000 of equity in one vehicle under subsection (a)(iv).
- Bedding, furniture, household articles, and food: up to $4,000 in value per person living in the home under subsection (a)(iii).
- Tools of the trade, or a library and the implements of a profession, or the team, stock in trade, and equipment used in a business or trade: up to $4,000 under subsection (b).
- Firearms: not more than three firearms with a combined value of up to $3,000, plus their associated ammunition up to 1,000 rounds per firearm, under subsection (a)(v).
- Necessary wearing apparel: up to $2,000 in value under Wyo. Stat. 1-20-105, a separate section from the list above. It does not cover jewelry of any type other than wedding rings.
- The family Bible, family pictures, and schoolbooks: exempt with no dollar limit under subsection (a)(i). A lot in a cemetery or burial ground is exempt under subsection (a)(ii).
- Wages and earnings: protected by the garnishment limits in Wyo. Stat. 1-15-511, generally the greater of 75% of disposable weekly earnings or 30 times the federal minimum hourly wage.
- Retirement accounts: tax-qualified plans are protected under Wyo. Stat. 1-20-110 and under federal law.
Wyoming does not provide a separate general dollar wildcard the way the federal exemptions do, so the per-category limits above set what household property a filer can keep. Confirm the current figures in the statute before filing, because the legislature can amend them.
The Chapter 7 means test in Wyoming
The means test screens who can file Chapter 7. The first step compares your household's current monthly income, annualized, to the median family income for a Wyoming household of the same size. If your income is at or below the Wyoming median, you generally pass and may proceed with Chapter 7. If it is above the median, you complete the longer calculation that subtracts allowed expenses to see whether you have disposable income that should fund a Chapter 13 plan instead.
The U.S. Trustee Program publishes the median figures and updates them periodically. For cases filed on or after April 1, 2026, the Wyoming median family income is:
| Household size | Wyoming median annual income |
|---|---|
| 1 | $71,745 |
| 2 | $91,502 |
| 3 | $98,476 |
| 4 | $110,297 |
Add $11,100 for each additional person beyond four. These figures apply only to cases filed on or after April 1, 2026. The U.S. Trustee Program revises the median income data roughly twice a year, so confirm the current numbers for your filing date.
Chapter 7 vs. Chapter 13 in Wyoming
Chapter 7 is a liquidation. A trustee can sell non-exempt property to pay creditors, but because Wyoming's exemptions protect most household property and significant home equity, many Chapter 7 cases are "no-asset" cases where nothing is sold. Most remaining unsecured debt, such as credit cards and medical bills, is discharged in a few months.
Chapter 13 is a reorganization for filers with regular income. You keep your property and repay some or all of what you owe through a three-to-five-year plan. Chapter 13 is often chosen by homeowners who are behind on a mortgage, because the plan can spread out the missed payments and stop a foreclosure while you catch up.
In both chapters, filing triggers the automatic stay under 11 U.S.C. 362. The stay immediately halts most collection activity, including foreclosure sales, wage garnishment, repossession, and collection calls, while the case proceeds.
Where you file bankruptcy in Wyoming
Wyoming is a single federal bankruptcy district. All Wyoming bankruptcy cases are filed in the U.S. Bankruptcy Court for the District of Wyoming, which has offices in Cheyenne and Casper and covers the entire state. Before filing, federal law requires you to complete an approved credit-counseling course, and you must complete a debtor-education course before your debts are discharged.
What bankruptcy can and cannot do
Bankruptcy discharges most unsecured debts, but several categories generally survive: most student loans (absent a separate showing of undue hardship), recent income taxes, child support and alimony, and debts from fraud or willful injury. Secured debts like a car loan or mortgage continue if you want to keep the collateral and keep paying.
Because exemption amounts change, and the choice between Chapter 7 and Chapter 13 depends on your full financial picture, many people consult a licensed Wyoming bankruptcy attorney before filing.
Frequently Asked Questions
Does Wyoming use state or federal bankruptcy exemptions?
Wyoming has opted out of the federal exemptions under Wyo. Stat. 1-20-109, so a filer domiciled in Wyoming must use the Wyoming exemptions in Title 1, Chapter 20 and cannot use the federal 522(d) list. Federal nonbankruptcy exemptions, such as those for Social Security, remain available.
What is the homestead exemption in Wyoming?
Wyoming's homestead exemption protects up to $100,000 of equity in a residence under Wyo. Stat. 1-20-101. It is granted per person, so when two or more owners jointly own and occupy the home each may claim it, for up to $200,000 for a couple under Wyo. Stat. 1-20-102. The amount is fixed by statute, so confirm the current figure before filing.
What is the Wyoming median income for the means test?
For cases filed on or after April 1, 2026, the Wyoming median family income is $71,745 for 1 person, $91,502 for 2, $98,476 for 3, and $110,297 for 4, adding $11,100 for each additional person. The U.S. Trustee Program updates these figures periodically.
Will I lose my house or car if I file bankruptcy in Wyoming?
Often no. Wyoming's homestead exemption protects up to $100,000 of home equity per person ($200,000 for a couple), and the vehicle exemption protects up to $5,000 of car equity. Most filers keep their home and car as long as they stay current on the related loans, though equity above the exemption can be at risk in Chapter 7.
How much equity can I protect in my car in Wyoming?
Up to $5,000 of equity in one motor vehicle is exempt under Wyo. Stat. 1-20-106(a)(iv). Equity above that amount can be reachable by a Chapter 7 trustee unless another exemption applies.
Where do I file for bankruptcy in Wyoming?
All Wyoming bankruptcy cases are filed in the U.S. Bankruptcy Court for the District of Wyoming, which has offices in Cheyenne and Casper. You must complete approved credit counseling before filing.
What debts cannot be discharged in a Wyoming bankruptcy?
Most student loans (absent a showing of undue hardship), recent income taxes, child support, alimony, and debts arising from fraud generally are not discharged. Most credit-card and medical debt usually is.
Does filing bankruptcy stop a foreclosure in Wyoming?
Filing triggers the automatic stay under 11 U.S.C. 362, which immediately halts most collection activity, including foreclosure and wage garnishment. Chapter 13 can also let a homeowner cure missed mortgage payments over time.
Overwhelmed by debt in Wyoming? Get a free bankruptcy consultation
Bankruptcy can stop foreclosure, wage garnishment, and creditor calls, and which debts you can clear and what property you keep depend on Wyoming's exemptions. Get a free, confidential consultation with a Wyoming bankruptcy attorney to understand your options. There is no obligation.
Updates
Corrected the clothing exemption, which is capped at $2,000 and excludes jewelry other than wedding rings under Wyo. Stat. 1-20-105 rather than falling under the family Bible and schoolbooks paragraph, and added the Wyoming firearms and cemetery-lot exemptions to the personal-property list.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 20: Property Exempt From Execution or Attachment
§ 1-20-109Exemptions from estates in bankruptcy.In force
In accordance with 11 U.S.C. § 522(b)(1), the exemptions from property of the estate in bankruptcy provided in 11 U.S.C. § 522(d) are not authorized in cases where Wyoming law is applicable on the date of the filing of the petition and the debtor's domicile has been located in Wyoming for the one hundred eighty (180) days immediately preceding the date of the filing of the petition or for a longer portion of the one hundred eighty (180) day period than in any other place.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at wyoleg.gov
United States Code Title 11
§ 522ExemptionsIn forcecited in 53 of our articles
In this section— “dependent” includes spouse, whether or not actually dependent; and “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 7,574 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Taylor v. Freeland & Kronz (1992) held that a trustee who does not object within the 30-day period cannot later challenge an exemption claimed under 522(l), even one with no statutory basis. Owen v. Owen (1991) held that 522(f) lien avoidance is not defeated by a state exemption written to exclude lien-encumbered property.
Opinions citing this section in our collection:
- Taylor v. Freeland & Kronz (Supreme Court of the United States 1992, 503 U.S. 638)✓A Chapter 7 debtor listed the entire proceeds of her TWA discrimination suit as exempt and the trustee let the 30-day objection window lapse; the Court held that under § 522(l) the property is exempt once no one objects, even absent a colorable statutory basis.
- Patterson v. Shumate (Supreme Court of the United States 1992, 504 U.S. 753)✓A debtor's $250,000 ERISA pension interest was excluded from his estate under § 541(c)(2); answering a surplusage argument, the Court read § 522(d)(10)(E) as exempting a broader set of plans, and expressly declined to decide whether § 522(b)(2)(A) also applied.
- Owen v. Owen (Supreme Court of the United States 1991, 500 U.S. 305)✓An ex-wife's judgment lien attached to a Florida condo before state law made it a homestead; the Court held § 522(f) measures impairment against the exemption the debtor would have had but for the lien, so Florida's carve-out for prior liens did not defeat avoidance.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy Laws by State (2026): Exemptions & Means Test, Bankruptcy in Alaska (2026): Exemptions & Means Test, Bankruptcy in Arkansas (2026): Exemptions & Means Test
§ 362Automatic stayIn forcecited in 53 of our articles
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; any act to create, perfect, or enforce any lien against property of the estate; any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; any act to…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 19,606 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (1988) held that an undersecured creditor gets no interest as adequate protection under 362(d)(1) for delay caused by the stay. NLRB v. Bildisco & Bildisco (1984) applied 362(a) in requiring claims be pursued through bankruptcy administration, not suit.
Opinions citing this section in our collection:
- Clinton v. Jones (Supreme Court of the United States 1997, 520 U.S. 681)“…ublic interests. Brief for Petitioner 34-36. See, e. g., 11 U. S. C. § 362 (litigation against debtor stayed upon…”
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (Supreme Court of the United States 1988, 484 U.S. 365)✓An undersecured lender on a Houston apartment project sought monthly payments as the price of continuing the § 362(a) automatic stay; the Court held that 'adequate protection' under § 362(d)(1) does not entitle it to interest for the delay in foreclosing on its collateral.
- Pennzoil Co. v. Texaco Inc. (Supreme Court of the United States 1987, 481 U.S. 1)“…if it were forced to file for bankruptcy under Chapter 11. 11 U. S. C. §362 . Texaco, or its successor in interest,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy in Arizona (2026): Exemptions & Means Test, Bankruptcy in Alabama (2026): Exemptions & Means Test, Bankruptcy in Georgia (2026): Exemptions & Means Test
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Wyo. Stat. Title 1, ch. 20, Property Exempt from Execution or Attachment: homestead 1-20-101 ($100,000), joint owners 1-20-102, homestead composition 1-20-104, personal property 1-20-106 (motor vehicle (a)(iv) $5,000), opt-out 1-20-109(wyoleg.gov).gov
- Wyo. Stat. Title 1 (codified statutes incl. 1-20-101 homestead $100,000 and 1-20-109 opt-out)(wyoleg.gov).gov
- U.S. Trustee Program, Census Bureau Median Family Income by family size, cases filed on or after April 1, 2026(justice.gov).gov
- 11 U.S.C. 522, exemptions, including the state opt-out authority in 522(b) and the federal exemption schedule in 522(d)(law.cornell.edu)
- U.S. Bankruptcy Court for the District of Wyoming (Cheyenne, Casper)(wyb.uscourts.gov).gov