Law Offices of Christopher A. Benson, PLLC

Call For A Free Consultation

(253) 815-6940

Law Offices of Christopher A. Benson, PLLC

Will I Lose My Life Insurance Policy If I File Bankruptcy?

  • By: Christopher Benson
  • Published: November 19, 2014

When you file bankruptcy, there are numerous categories of Exemptions that people can use to protect their assets. One of the categories concerns life insurance.

If you have a term life insurance policy, you list it and it will be exempt. However, when it comes to life insurance policies with cash values, you need to be careful. There are dollar limits on the different Exemption categories.

The good news is, if you have to file bankruptcy in Washington State, state exemptions allow you to keep your individual or group life insurance policy. Federal exemptions also allow you to keep life insurance policies and payments.

Washington State bankruptcy exemptions include:

  • Annuity contract proceeds up to $3,000 per month
  • Disability benefits
  • Fraternal benefit society benefits
  • Group life insurance policy or proceeds
  • Life insurance proceeds if the beneficiary is not the insured

Federal exemptions also include disability, illness or unemployment benefits, life insurance payments from a person you depended on for support, life insurance policy loan value up to $12,250, and unmatured life insurance contracts.

In Washington State, you’re allowed to choose between state and federal exemptions, so depending on what kind and how large your benefit is, and what other assets you hope to keep, you can decide which exemption to take.

Over the past 27 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can stop your garnishment and change your monthly payments for all your combined unsecured debt, and if you have had more than $600 garnished within the last 90 days, we can get all of the money back in most cases. But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.

Christopher Benson

About the Author Chris served on the Board of Directors for Habitat for Humanity
Seattle/S. King County for 10 years and served as Vice President
of the organization during part of that time. Read More