(1) To the extent reasonably necessary for the support of an individual and his dependents in addition to property totally exempt under subsection (2) of this section, that individual shall be entitled to exemption of money or property received and rights to receive money or property for alimony, support, or separate maintenance.
(2) An individual shall be entitled to exemption of the following property:
(a) An award under a crime victim's reparation law;
(b) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(c) A payment, not to exceed seven thousand five hundred dollars ($7,500), on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent;
(d) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(e) Assets held, payments made and amounts payable under pensions exempt pursuant to KRS 61.690, 161.700, and 427.125; or
(f) The right or interest of a person in an individual retirement account or annuity, deferred compensation account, tax sheltered annuity, simplified employee pension, pension, profit-sharing, stock bonus, or other retirement plan described in the Internal Revenue Code of 1986, or Section 408 or 408A of the Internal Revenue Code, as amended which qualifies for the deferral of income tax until the date benefits are distributed. This exemption shall also apply to the operation of the Federal Bankruptcy Code, for the purpose of applying the provisions of 11 U.S.C. sec. 522(b)(3) in a federal bankruptcy proceeding and only to the extent otherwise allowed by applicable federal law. This exemption shall not apply to any amounts contributed to an individual retirement account or annuity, deferred compensation account, a pension, profit-sharing, stock bonus, or other qualified retirement plan or annuity if the contribution occurs within one hundred twenty (120) days:
1. Before the debtor files for bankruptcy if this exemption is being applied in a federal bankruptcy proceeding; or
2. Before the earlier of the entry of the judgment or other ruling against the debtor or the issuance of the levy, attachment, garnishment, or other execution or order against which this exemption is being applied, if this exemption is being applied in other than a federal bankruptcy proceeding. This exemption shall not apply to the right or interest of a person in an individual retirement account or annuity, deferred compensation account, pension, profit-sharing, stock bonus, or other retirement plan to the extent that that right or interest is subject to any of the following:
a. An order of a court for payment of maintenance;
b. An order of a court for payment of child support. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 313, effective January 1, 2015. -- Amended 2010 Ky. Acts ch. 155, sec. 5, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 376, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 220, sec. 2, effective July 13, 1990. -- Created 1980 Ky. Acts ch. 236, sec. 8, effective April 9, 1980.
Notes of Decisions
MPM Fin. Grp., Inc. v. Morton, 289 S.W.3d 193 (Ky. 2009).
· cites it 15× “KRS 427.150, KRS 427.160 and KRS 427.170, were enacted in 1980, as a legislative response to the 1978 revision of the federal bankruptcy code which was codified as 11 U.”
In Re Worthington, 28 B.R. 736 (Bankr. W.D. Ky. 1983).
· cites it 5× “00, and an Individual Retirement Account pursuant to KRS 427.150 in the amount of $5,959.68. These exemptions are claimed under the Kentucky Revised Statutes since the Commonwealth of Kentucky pursuant to the election granted by the Bankruptcy Code, 11 U.”
Am. Honda Fin. Corp. v. Cilek (In Re Cilek), 115 B.R. 974 (Bankr. W.D. Wis. 1990).
“Therefore, it must be acknowledged that the legislature in enacting KRS 427.150 did not intend to restrict exempt status to only those arrangements expressly set forth therein, since it recognized the existence of other sophisticated benefit systems regardless of their generic…”
In Re Gilbert, 213 B.R. 502 (Bankr. E.D. Ky. 1997).
· cites it 4× “00 personal injury settlement pursuant to KRS 427.150(2)(c) and (d). The trustee has objected to such exemption primarily on the basis that the debtors, whose sole source of income is government assistance, cannot claim that compensation for loss of future wages comprises any…”
Cottrell v. Schilling (In Re Cottrell), 82 B.R. 45 (W.D. Ky. 1987).
· cites it 2× “Debtors have claimed the limited exemptions available to them under KRS 427.150. Title 11 U.S.C. § 522 (b)(1) grants to each state the right to “opt out” of the federal exemptions and set up a separate mandatory statutory exemption scheme.”
Hovis v. Sopkin (In Re Sopkin), 57 B.R. 43 (Bankr. D.S.C. 1985).
“Therefore, it must be acknowledged that the legislature in enacting KRS 427.150 did not intend to restrict exempt status to only those arrangements expressly set forth therein, since it recognized the existence of other sophisticated benefit systems regardless of their generic…”
In re Prichard, 339 B.R. 635 (Bankr. W.D. Ky. 2006).
· cites it 18× “00 arising out of a personal injury action under KRS 427.150(2)(c), which allows a $7,500.”
Norman Radtke v. Ernest Eggers (Ky. Ct. App. 2021).
· cites it 9× “KRS 427.150 describes property that is either totally or partially exempt from the enforcement of a judgment through garnishment.”
In re T L G Computing Servs., Inc., 20 B.R. 568 (W.D. Ky. 1982).
· cites it 2× “A new section 427.150, created in the 1980 legislation, makes certain exemptions available to “an individual.”
Kathy Ellen Richards (Bankr. W.D. Ky. 2022).
· cites it 2× “May 26, 2016) (court addressed whether the exempt status under KRS 427.150 follows funds from a 401(k) account when liquidated and deposited into a personal checking account in a spouse’s name); In re Powell, 173 B.”
Ontrac, Inc. D/B/A Blitz Builders, Inc v. James Ivy (Ky. Ct. App. 2026).
“KRS 427.150, relating to the enforcement of judgments, confirms this garnishment exemption for “[a]ssets held, payments made and amounts payable under pensions -38- exempt pursuant to KRS 61.”
In re Cornett, 332 B.R. 289 (Bankr. E.D. Ky. 2005).
· cites it 2× “KRS 427.150 provides in pertinent part: (1) To the extent reasonably necessary for the support of an individual and his dependents in addition to property totally exempt under subsection (2) of this section, that individual shall be entitled to exemption of money or property…”
— Ky. Rev. Stat. § 427.150(2) — 1 case
Norman Radtke v. Ernest Eggers (Ky. Ct. App. 2021).
“KRS 427.150 describes property that is either totally or partially exempt from the enforcement of a judgment through garnishment.”
— Ky. Rev. Stat. § 427.150(2)(D) — 1 case
MPM Fin. Grp., Inc. v. Morton, 289 S.W.3d 193 (Ky. 2009).
“KRS 427.150, KRS 427.160 and KRS 427.170, were enacted in 1980, as a legislative response to the 1978 revision of the federal bankruptcy code which was codified as 11 U.”
— Ky. Rev. Stat. § 427.150(2)(c) — 3 cases
In Re Gilbert, 213 B.R. 502 (Bankr. E.D. Ky. 1997).
“00 personal injury settlement pursuant to KRS 427.150(2)(c) and (d). The trustee has objected to such exemption primarily on the basis that the debtors, whose sole source of income is government assistance, cannot claim that compensation for loss of future wages comprises any…”
Cottrell v. Schilling (In Re Cottrell), 82 B.R. 45 (W.D. Ky. 1987).
“Debtors have claimed the limited exemptions available to them under KRS 427.150. Title 11 U.S.C. § 522 (b)(1) grants to each state the right to “opt out” of the federal exemptions and set up a separate mandatory statutory exemption scheme.”
In re Prichard, 339 B.R. 635 (Bankr. W.D. Ky. 2006).
“00 arising out of a personal injury action under KRS 427.150(2)(c), which allows a $7,500.”
— Ky. Rev. Stat. § 427.150(2)(d) — 2 cases
MPM Fin. Grp., Inc. v. Morton, 289 S.W.3d 193 (Ky. 2009).
“KRS 427.150, KRS 427.160 and KRS 427.170, were enacted in 1980, as a legislative response to the 1978 revision of the federal bankruptcy code which was codified as 11 U.”
In re Prichard, 339 B.R. 635 (Bankr. W.D. Ky. 2006).
“00 arising out of a personal injury action under KRS 427.150(2)(c), which allows a $7,500.”
— Ky. Rev. Stat. § 427.150(2)(e) — 2 cases
Kathy Ellen Richards (Bankr. W.D. Ky. 2022).
“May 26, 2016) (court addressed whether the exempt status under KRS 427.150 follows funds from a 401(k) account when liquidated and deposited into a personal checking account in a spouse’s name); In re Powell, 173 B.”
In re Prichard, 339 B.R. 635 (Bankr. W.D. Ky. 2006).
“00 arising out of a personal injury action under KRS 427.150(2)(c), which allows a $7,500.”
— Ky. Rev. Stat. § 427.150(2)(f) — 1 case
Norman Radtke v. Ernest Eggers (Ky. Ct. App. 2021).
“KRS 427.150 describes property that is either totally or partially exempt from the enforcement of a judgment through garnishment.”
— Ky. Rev. Stat. § 427.150(c) — 1 case
In Re Gilbert, 213 B.R. 502 (Bankr. E.D. Ky. 1997).
“00 personal injury settlement pursuant to KRS 427.150(2)(c) and (d). The trustee has objected to such exemption primarily on the basis that the debtors, whose sole source of income is government assistance, cannot claim that compensation for loss of future wages comprises any…”
— Ky. Rev. Stat. § 427.150(d) — 2 cases
MPM Fin. Grp., Inc. v. Morton, 289 S.W.3d 193 (Ky. 2009).
“KRS 427.150, KRS 427.160 and KRS 427.170, were enacted in 1980, as a legislative response to the 1978 revision of the federal bankruptcy code which was codified as 11 U.”
In Re Gilbert, 213 B.R. 502 (Bankr. E.D. Ky. 1997).
“00 personal injury settlement pursuant to KRS 427.150(2)(c) and (d). The trustee has objected to such exemption primarily on the basis that the debtors, whose sole source of income is government assistance, cannot claim that compensation for loss of future wages comprises any…”
— Ky. Rev. Stat. § 427.150(l)(b) — 1 case
In Re Worthington, 28 B.R. 736 (Bankr. W.D. Ky. 1983).
“00, and an Individual Retirement Account pursuant to KRS 427.150 in the amount of $5,959.68. These exemptions are claimed under the Kentucky Revised Statutes since the Commonwealth of Kentucky pursuant to the election granted by the Bankruptcy Code, 11 U.”
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