North Dakota Bankruptcy Exemptions

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Assets Exemption State Statutes
Homestead Real property, house trailer, or mobile home to $100,000 (husband & wife may not double). 28-22-02   47-18-01 
Insurance Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract. 28-22-03.1 (4)
  Fraternal benefit society benefits. 26.1-15.1-18 26.1-33-40
  Life insurance proceeds payable to deceased’s estate, not to a specific beneficiary. 26.1-33-40
  Unmatured Life Insurance. 28-22-03.1 (5)
Misc. Alimony, child support needed for support of debtor and dependents. 28-22-03.1 (8)(d)
  Child support payments. 14-09-09.3
Pensions Disabled veterans’ benefits, except military retirement pay. 28-22-03.1 (8)(b)
  ERISA-qualified benefits, IRAs, & Keoghs to $100,000 per plan; no limit if more needed for support; total exemption (with life insurance surrender value) cannot exceed $200,000. 28-22-03.1 (7)
  Public employees deferred compensation. 54-52.2-06
  Public employees’ pensions. 28-22-19 (1)
  Payments from an ERISA-qualified stock bonus, profit-sharing, annuity or similar plan, to extent necessary for support. 28-22-03.1 (8)(e)
Personal Property Payments to debtor or to individual of whom debtor is a dependent, on account of bodily injury or financial loss to $18,450. 28-22-03.1 (9)(d)
  Professionally prescribed health aids for the debtor or a dependent. 28-22-03.1 (6)
  1. All debtors may exempt: Bible, schoolbooks; other books to $100; Burial plots, church; Clothing & family pictures;
Crops or grain raised by debtor on 160 acres where debtor resides;
Food & fuel to last 1 year;
Insurance proceeds for exempt property;
Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner’s disability;
Personal injury recoveries to $7,500;
Wrongful death recoveries to $7,500.
28-22-02 28-22-03.1
  2. Head of household not claiming crops or grain may claim $7,500 of any personal property, or: Books & musical instruments to $1,500; Household & kitchen furniture, beds & bedding, to $1,000; Library & tools of professional, tools of mechanic, & stock in trade, to $1,000; Livestock & farm implements to $4,500. 28-22-03 
  3. Non-head of household not claiming crops or grain may claim $3,750 of any personal property. 28-22-05
Public Benefits Crime victims’ compensation. 28-22-19 (2) 28-22-03.1 (9)(a)
  Old age and survivor insurance program benefits. 52-09-22
  Public assistance. 28-22-19 (3)
  Social Security. 28-22-03.1 (4)(c)
  Unemployment compensation. 52-06-30 28-22-03.1 (8)(c)
  Workers’ compensation. 65-05-29
Tools of Your Trade See personal property, option 2. 28-22-03.1 (3)
Wages Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. 32-09.1-03
Wildcard $7,500 of any property in lieu of homestead. 28-22-03.1 (1)

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