North Dakota Bankruptcy Exemptions

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Exemptions in North Dakota

Many of the exemptions available when filing bankruptcy in North Dakota are listed below. North Dakota residents cannot use the federal bankruptcy exemptions, and must instead file under state bankruptcy laws. Some of the amounts listed may be higher for married couples filing bankruptcy together. Please consult an attorney for more details on how to file for North Dakota bankruptcy.

• Homestead (equity in dwelling used as residence)
- Up to $100,000 in home, trailer, or mobile home
• Equity in automobile
- Up to $2,900
- Up to $32,000 if vehicle accommodates a disability
• Personal property
- Up to $5,000 in wearing apparel, and all personal/family clothing 
- Food and fuel for one year
- Up to 160 acres of crops and grain
- Bibles and other religious texts, school books, family library
- Burial plot
- Church pew
- Family pictures
- Professionally prescribed health aids
• Tools of the trade
- Up to $1,500 in tools, books, and implements
• Wages
- No wage exemption in bankruptcy
• Insurance
- Insurance proceeds for exempt property
- Survivor/old age insurance program benefits
- Fraternal benefit society benefits
- Most unmatured life insurance
- Life insurance proceeds payable to estate
- Cash value of life insurance policy up to $8,000
• Pensions and retirement
- Tax exempt retirement accounts such as IRAs (limited exemption for IRAs, Roth IRAs, ERISA benefits, Keoghs, and some other plans to $100,000 each, $200,000 total)
- Public employee pensions and other benefits
• Public benefits
- Workers’ compensation
- Unemployment compensation
- Public assistance
- Social security
- Veterans’ benefits
- Crime victims’ compensation
• Alimony and child support
- Child support payments
• Other
- Personal injury recoveries up to $18, 450
- Wrongful death recoveries as needed for support
- Business partnership property
• Wildcard (exemption for personal property of your choice)
- $3,750 in personal property if no claim for crops or grain, $7,500 if head of household
- $10,000 in personal property if no homestead exemption taken

Do I Need a Bankruptcy Lawyer?

Bankruptcy is complex, and it is important to use the exemptions above properly and to file all paperwork correctly. If you are considering filing for bankruptcy in North Dakota, please consult a bankruptcy attorney for advice and assistance.

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Last Modified: 12-30-2015 01:58 PM PST

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