Immunity from liability; recovery from recipient
Sec. 2. (a) A civil suit may not be maintained against:
(1) the county auditor; or
(2) the county auditor's bondsmen;
for the issuance of the warrant, even if the warrant was drawn
according to an order of the board of commissioners or judgment of
the court that is either void or voidable.
(b) However, the validation of the act of the auditor does not
prevent the recovery of any money from any person receiving it that
might have been recovered if this chapter had not been enacted.
As added by P.L.1-1998, SEC.26.
&DNM.IC 34-55-10
&YENC.
&YAMD.
Chapter 10. Sales and Execution of Real Estate: Exemptions
&DNM.IC 34-55-10-1
&YENC.1998
&YAMD.2005
Bankruptcy exemptions
IC 34-55-10-1 Sec. 1. In accordance with Section 522(b) of the
Bankruptcy Code of 1978 (11 U.S.C. 522(b)), in any bankruptcy
proceeding, an individual debtor domiciled in Indiana is not entitled to
the federal exemptions as provided by Section 522(d) of the
Bankruptcy Code of 1978 (11 U.S.C. 522(d)).
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.9.&EHST.
&DNM.IC 34-55-10-2
&YENC.1998
&YAMD.2005
List of exemptions; limitations
IC 34-55-10-2 Sec. 2. (a) This section does not apply to judgments
obtained before October 1, 1977.
(b) The amount of each exemption under subsection (c) applies until
a rule is adopted by the department of financial institutions under
section 2.5 of this chapter.
(c) The following property of a debtor domiciled in Indiana is
exempt:
(1) Real estate or personal property constituting the personal or
family residence of the debtor or a dependent of the debtor, or
estates or rights in that real estate or personal property, of not
more than fifteen thousand dollars ($15,000). The exemption
under this subdivision is individually available to joint debtors
concerning property held by them as tenants by the entireties.
(2) Other real estate or tangible personal property of eight
thousand dollars ($8,000).
(3) Intangible personal property, including choses in action,
deposit accounts, and cash (but excluding debts owing and
income owing), of three hundred dollars ($300).
(4) Professionally prescribed health aids for the debtor or a
dependent of the debtor.
(5) Any interest that the debtor has in real estate held as a tenant
by the entireties. The exemption under this subdivision does not
apply to a debt for which the debtor and the debtor's spouse are
jointly liable.
(6) An interest, whether vested or not, that the debtor has in a
retirement plan or fund to the extent of:
(A) contributions, or portions of contributions, that were made
to the retirement plan or fund by or on behalf of the debtor or
the debtor's spouse:
(i) which were not subject to federal income taxation to the
debtor at the time of the contribution; or
(ii) which are made to an individual retirement account in
the manner prescribed by Section 408A of the Internal
Revenue Code of 1986;
(B) earnings on contributions made under clause (A) that are
not subject to federal income taxation at the time of the levy;
and
(C) roll-overs of contributions made under clause (A) that are
not subject to federal income taxation at the time of the levy.
(7) Money that is in a medical care savings account established
under IC 6-8-11.
(8) Any interest the debtor has in a qualified tuition program, as
defined in Section 529(b) of the Internal Revenue Code of 1986,
but only to the extent funds in the program are not attributable to:
(A) excess contributions, as described in Section 529(b)(6) of
the Internal Revenue Code of 1986, and earnings on the excess
contributions;
(B) contributions made by the debtor within one (1) year
before the date of the levy or the date a bankruptcy petition is
filed by or against the debtor, and earnings on the
contributions; or
(C) the excess over five thousand dollars ($5,000) of aggregate
contributions made by the debtor for all programs under this
subdivision and education savings accounts under subdivision
(9) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by
or against the debtor, and earnings on the aggregate
contributions.
(9) Any interest the debtor has in an education savings account,
as defined in Section 530(b) of the Internal Revenue Code of
1986, but only to the extent funds in the account are not
attributable to:
(A) excess contributions, as described in Section 4973(e) of
the Internal Revenue Code of 1986, and earnings on the excess
contributions;
(B) contributions made by the debtor within one (1) year
before the date of the levy or the date a bankruptcy petition is
filed by or against the debtor, and earnings on the
contributions; or
(C) the excess over five thousand dollars ($5,000) of aggregate
contributions made by the debtor for all accounts under this
subdivision and qualified tuition programs under subdivision
(8) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by
or against the debtor, and earnings on the excess contributions.
(10) The debtor's interest in a refund or a credit received or to be
received under section 32 of the Internal Revenue Code of 1986.
(d) A bankruptcy proceeding that results in the ownership by the
bankruptcy estate of a debtor's interest in property held in a tenancy by
the entireties does not result in a severance of the tenancy by the
entireties.
(e) Real estate or personal property upon which a debtor has
voluntarily granted a lien is not, to the extent of the balance due on the
debt secured by the lien:
(1) subject to this chapter; or
(2) exempt from levy or sale on execution or any other final
process from a court.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.10.&EHST.
&DNM.IC 34-55-10-2.5
&YENC.2005
&YAMD.2005
Exemption amounts; adoption of rules
IC 34-55-10-2.5 Sec. 2.5. (a) The department of financial
institutions shall adopt a rule under IC 4-22-2 establishing the amount
for each exemption under section 2(c)(1) through 2(c)(3) of this
chapter to take effect not earlier than January 1, 2010, and not later
than March 1, 2010.
(b) The department of financial institutions shall adopt a rule under
IC 4-22-2 establishing new amounts for each exemption under section
2(c)(1) through 2(c)(3) of this chapter every six (6) years after
exemption amounts are established under subsection (a). The rule
establishing new exemption amounts under this subsection must take
effect not earlier than January 1 and not later than March 1 of the sixth
calendar year immediately following the most recent adjustments to the
exemption amounts.
(c) The department of financial institutions shall determine the
amount of each exemption under subsections (a) and (b) based on
changes in the Consumer Price Index for All Urban Consumers,
published by the United States Department of Labor, for the most
recent six (6) year period.
(d) The department of financial institutions shall round the amount
of an exemption determined under subsections (a) and (b) to the
nearest fifty dollars ($50).
(e) A rule establishing amounts for exemptions under this section
may not reduce an exemption amount below the exemption amount on
July 1, 2005.
&HST.As added by P.L.179-2005, SEC.11.&EHST.
&DNM.IC 34-55-10-3
&YENC.1998
&YAMD.2005
Designation of exempt property by debtor
IC 34-55-10-3 Sec. 3. The debtor may designate real property,
personal property, or both, as the exempted property.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.12.&EHST.
&DNM.IC 34-55-10-4
&YENC.1998
&YAMD.2005
Appraisal of exempt property; selection of appraisers
IC 34-55-10-4 Sec. 4. For the appraisal of any property to be
exempted under this chapter, two (2) appraisers shall be chosen, one
(1) by the plaintiff or the plaintiff's agent or attorney, and one (1) by the
debtor. These two (2), in case of disagreement, shall select a third. If
either party fails to select an appraiser, one (1) shall be selected by the
officer holding the execution.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.13.&EHST.
&DNM.IC 34-55-10-5
&YENC.1998
&YAMD.2005
Schedule of exempt property; affidavit of appraisers
IC 34-55-10-5 Sec. 5. The appraisers shall make a schedule of the
real and personal property selected by the debtor, describing the real
estate by metes and bounds, and the personal property by separate
items, affixing to each the value they agree upon. The appraisers, or a
majority, shall affix to the schedule an affidavit in substance as follows:
"We, the undersigned, swear that, in our opinion, the property
described in the schedule above is valued justly.".
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.14.&EHST.
&DNM.IC 34-55-10-6
&YENC.1998
&YAMD.2005
Delivery of schedule of exempt property; second or subsequent
appraisals
IC 34-55-10-6 Sec. 6. The schedule of real and personal property
shall be delivered to the officer holding the execution or other process.
The officer shall return the schedule with the execution or other
process and make the schedule a part of the return. However, all second
or subsequent appraisals under this chapter are at the cost of the party
or parties asking for the reappraisal, unless the property of the debtor
at the time of the reappraisal is appraised at enough over and above the
legal exemption to meet the costs.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.15.&EHST.
&DNM.IC 34-55-10-7
&YENC.
&YAMD.
Repealed
(Repealed by P.L.179-2005, SEC.20.)
&DNM.IC 34-55-10-8
&YENC.1998
&YAMD.2005
Personal property only claimed as exemption; procedure
IC 34-55-10-8 Sec. 8. If the debtor claims as exempt from execution
personal property only, the officer holding the execution shall cause the
property to be appraised and set apart to the debtor, and shall proceed
to sell such other property, if any, that is subject to execution according
to law.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.16.&EHST.
&DNM.IC 34-55-10-9
&YENC.1998
&YAMD.2005
Personal and real property claimed as exemption; procedure
IC 34-55-10-9 Sec. 9. (a) If the value of a debtor's interest in
property for which an exemption is claimed exceeds the amount of the
exemption, the property may be sold. However, the debtor must be paid
an amount equal to the debtor's exemption in the property from the
proceeds of the sale.
(b) In making the sale under subsection (a), the officer may not
accept a bid unless the bid exceeds the exempt value of the property.
If indebtedness secured by a valid lien is chargeable against the
proceeds of the sale, a bid may not be accepted if the bid is less than
the sum of the amount of the indebtedness secured by the lien and the
exempt value of the property.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.17.&EHST.
&DNM.IC 34-55-10-10
&YENC.
&YAMD.
Repealed
(Repealed by P.L.179-2005, SEC.20.)
&DNM.IC 34-55-10-11
&YENC.1998
&YAMD.2005
Division of real property claimed as exemption; exemption of
homestead
IC 34-55-10-11 Sec. 11. In all cases in which real property is
claimed as exempt from sale on execution, if the real property is
susceptible of division by metes and bounds without material injury,
the real property shall be divided to exempt the principal dwelling
house or homestead of the debtor.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.18.&EHST.
&DNM.IC 34-55-10-12
&YENC.1998
&YAMD.2005
Debtor's schedule required
IC 34-55-10-12 Sec. 12. Before a debtor receives the benefit of the
exemption provided by this chapter, the debtor shall deliver to the
officer holding the execution a schedule of all the debtor's property, as
required by law, if an exemption from sale on execution is claimed.
&HST.As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005,
SEC.19.&EHST.
&DNM.IC 34-55-10-13
&YENC.1998
&YAMD.1998
Absence of execution defendant; rights of spouse
IC 34-55-10-13 Sec. 13. In any case when the execution defendant
is absent from Indiana, or is absent himself or herself from home, and
an attachment or execution is directed against the execution
defendant's property, the spouse may:
(1) make out and verify the schedule of the absent spouse's
property, and claim and receive for the absent spouse the
exemption provided in this chapter; and
(2) claim and exercise all the rights that would belong to the
absent spouse if the absent spouse were present.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-10-14
&YENC.1998
&YAMD.1998
Certain lands and taxes unaffected
IC 34-55-10-14 Sec. 14. The exemption under this chapter does not:
(1) affect any laborer's or mechanic's lien or lien for the purchase
money of the real property exempted; or
(2) exempt any property from taxation or from sale for taxes.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006