Kentucky Revised Statutes

Ky. Rev. Stat. § 304.39-260 (2026)

Exemption of benefits

✓ current as of May 2026

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(1) Basic or added reparation benefits for medical expense are exempt from garnishment, attachment, execution, and any other process or claim, except upon a claim of a creditor who has provided products, services, or accommodations.

(2) Basic reparation benefits other than those for medical expense are exempt from garnishment, attachment, execution, and any other process or claim. Effective: July 1, 1975 History: Created 1974 Ky. Acts ch. 385, sec. 26, effective July 1, 1975.

Notes of Decisions

Cited in 3 cases, 1986–2019 · leading case: In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999).

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In Re Ballard, 238 B.R. 610 (Bankr. M.D. La. 1999). “Ky.Rev.Stat. Ann. §§ 304.39-260, 427.150(2)(b), (c) and (d) Maine: Claims for Negligence or Tortious Conduct Debtor may exempt wrongful death or compensation for loss of future earnings to the extent necessary for support; not to exceed $12,500 for bodily injury not including…”

Blue Cross & Blue Shield of Kentucky, Inc. v. Baxter, 713 S.W.2d 478 (Ky. Ct. App. 1986). “Further, BRB are qualifiedly exempt from execution (KRS 304.39-260[l]), and are not subject to deductions or set-off.”

Chenault v. The Univ. of Kentucky (UK) (E.D. Ky. 2019). · cites it 3× “Ky. Rev. Stat. Ann. § 304.39-260 (1).15 The upshot is this: PIP benefits would not be accessible to general creditors; the limits are available and subject only to the categories of loss enumerated.”

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