| Attention: All 94-bankruptcy
districts charge the same filing fees. Chapter 7: $299 Chapter 13: $274 |
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NORTH DAKOTA EXEMPTION LISTHow to use this table of exemptions, by Attorney Thomas A. Prediletto. The following is a summary of the North Dakota exemptions that can be claimed (used) to exempt both your real and personal property in a bankruptcy petition. North Dakota residents may use either the North Dakota exemptions or the Federal exemptions; however, if your residence has not been continuously in the state of North Dakota for the two years prior to filing a bankruptcy petition, there are laws as whether you are able use the state versus federal exemptions. Exempt property of a debtor is property of the debtor that is not available to be used (sold) to pay his/her unsecured creditors and is not subject to the claims of unsecured creditors, but may be subject to the rights of secured creditors and lien holders. When reviewing the list for exemptions for your own property you should be aware that there may not be a “matching” exemption. The North Dakota state exemptions contain a “wildcard” which can be used if a matching exemption cannot be found in the list of exemptions. Also, an individual must own an interest in the property to claim the property as exempt. The debtor may exempt the equity (value of property less the total amount owed against it) however; any equity value in the property above the exemption amount may be subject to the claims of unsecured creditors. By way of example, if you own a home worth $250,000 and owe a total of $200,000 against it (combining all mortgage/home equity lines of credit and/or liens against the property) the amount of equity you would need to protect is $50,000. So long as the homestead exemption is more than $50,000 the full amount of the equity is exempt and not subject to the claims of your unsecured creditors. In the alternative, say the home is worth $250,000 and you only owe $100,000 against it, anything over the exemption amount is subject to the claims of the unsecured creditors. The same type example would apply to a motor vehicle, though the exemption for a motor vehicle is less than the amount of the exemption for a home. Please note that all of the exemptions may be doubled if a married couple is filing, with the exception of the homestead exemption. |
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| Description | LAW |
Max Individual Amount |
Max Joint Amount |
| Aid To Dependent Children | NDCC § 28-22-19(3) | UNLIMITED | |
| Any Pers. Prop. of Single Person (along with 25-22-02 exemption) | NDCC § 28-22-05 | $3,750.00 | $3,750.00 |
| Bail Deposits | NDCC § 29-08-28 | UNLIMITED | |
| Burial Lot | NDCC § 28-22-02(3) | UNLIMITED | |
| Certain Military Compensation | NDCC § 37-26-06 | UNLIMITED | |
| Child Support | NDCC § 14-09-09.31 | UNLIMITED | |
| Clothing - Debtor and Debtor's Family | NDCC § 28-22-02(5) | UNLIMITED | |
| Crime Victims Reparation Awards | NDCC § 28-22-19(2) | UNLIMITED | |
| Crops And Grains Of Homestead Property | NDCC § 28-22-02(8) | UNLIMITED | |
| Deferred Comp. Program Benefits - Public Employees | NDCC § 54-52.2-06 | UNLIMITED | |
| Disposable Earnings | NDCC § 32-09.1-03 | UNLIMITED | |
| Earnings For Personal Services | NDCC § 28-25-11 | UNLIMITED | |
| Exemption In Lieu Of Homestead | NDCC § 28-22-03.1(1) | $7,500.00 | $15,000.00 |
| Family Bible, Schoolbooks | NDCC § 28-22-02(4) | UNLIMITED | |
| Family Library | NDCC § 28-22-02(4) | UNLIMITED | |
| Family Pictures | NDCC § 28-22-02(1) | UNLIMITED | |
| Fraternal Benefit Societies | NDCC § 26.1-15.1-18 | UNLIMITED | |
| Homestead | NDCC § 47-18-01 | $100,000.00 | $200,000.00 |
| House trailer or Mobile Home | NDCC § 28-22-02(10) | UNLIMITED | |
| Insurance Benefits Covering Absolute Exemptions | NDCC § 28-22-02(9) | UNLIMITED | |
| Life Insurance - Cash Surrender | NDCC § 26.1-33-36 | UNLIMITED | |
| Life Insurance Policy - Avails | NDCC § 26.1-33-40, 28-22-03.1( | UNLIMITED | |
| Motor Vehicle (up to $32000 for disabled debtor) | NDCC § 28-22-03.1(2) | $2,950.00 | $5,900.00 |
| Motor Vehicle Security Deposits | NDCC § 39-16.10 | UNLIMITED | |
| No-Fault Benefits | NDCC § 26.1-41-10 | UNLIMITED | |
| Old Age and Survivor Insurance program benefits | NDCC § 52-09-22 | UNLIMITED | |
| Other Personal Property Of Head of Family | NDCC § 28-22-03 | $7,500.00 | $7,500.00 |
| Partner's Interest in Partnership | NDCC § 45-17-04 | UNLIMITED | |
| Pension, Retirement - Public Employees | NDCC § 28-22-19(1) | $100,000.00 | $200,000.00 |
| Pension, Retirement, Or Life Insurance | NDCC § 28-22-03.1(7) | $200,000.00 | $400,000.00 |
| Personal Injury Payments | NDCC § 28-22-03.1(8)(d) | $18,450.00 | $18,450.00 |
| Pew in House of Worship | NDCC § 28-22-02(2) | UNLIMITED | |
| Proceeds of Homestead Sale | NDCC § 47-18-16 | UNLIMITED | |
| Property Subject To Innkeeper’s Lien | NDCC § 35-19-01 | UNLIMITED | |
| Provisions for One Year | NDCC § 28-22-02(6) | UNLIMITED | |
| Social Security Benefits | NDCC § 28-22-03.1(4)(c) | UNLIMITED | |
| Tools Of Trade - Books, Equipment | NDCC § 28-22-03.1(3) | $1,500.00 | $1,500.00 |
| Unemployment Compensation Benefits | NDCC § 52-06-30 | UNLIMITED | |
| Veteran's Disability Pension Benefits | NDCC § 28-22-03.1(8)(b) | UNLIMITED | |
| Wearing Apparel | NDCC § 28-22-02(5) | $5,000.00 | $5,000.00 |
| Workmen's Compensation Benefits | NDCC § 65-05-29 | UNLIMITED | |
| Wrongful Death Payments | NDCC § 28-22-03.1(9)(b) | UNLIMITED | |
| Wrongful Death Recoveries | NDCC § 32-21-04 | UNLIMITED |
