New Rhode Island Homestead Exemption Preemption

Help Finding Lawyers and Attorney Fee Guidelines

As part of a pervasive national reform agenda, all U.S. citizens are now required to pay a greater portion of their income to large financial institutions. The Bankruptcy Abuse Prevention Act replaced state jurisdiction that had existed for over 225 years, and created a maximum cap on the value of homestead protection states could legally provide citizens.

According to the Rhode Island Homestead Exemption Act, $200,000 exempt equity in a primary residence is protected from seizure by creditors. As of April 25, 2005, the Rhode Island homestead exemption law is no longer enforceable in federal bankruptcy proceedings, but only to the extent of value authorized. the new federal limit is now $125,000.