North Dakota Bankruptcy Exemptions 2021
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Written by Upsolve Team.
Updated March 2, 2021
It's important to understand what the exemptions for North Dakota are and how they're most often used in a bankruptcy case.
How Do Exemptions Work?
When you file for Chapter 7 bankruptcy, one of the biggest questions is whether or not you will be able to keep your property.
That depends on which property exemptions you can use on your bankruptcy forms. They are called exemptions because they “exempt” -- or “excuse” -- certain property from being taken. In most cases, exemptions protect most day-to-day items that you own, unless you have expensive property like a house or a car.
Certain exemptions protect entire categories of property like retirements accounts, regardless of value. Other exemptions only protect specific property like a vehicle up to a certain value.
If you're looking for a deep understanding of bankruptcy exemptions, read this article.
Does North Dakota allow federal exemptions?
North Dakota does not recognize the federal exemptions.
Every state has its own set of property exemptions. And some states also allow you choose between their exemptions and a set of federal bankruptcy exemptions. When they do, they will generally let you to choose the system that is the best fit for you. Although some states allow you to use the federal bankruptcy exemptions, others do not.
North Dakota Exemptions
11 U.S.C. § 522(b)(3)(C)
Most people use 11 U.S.C. § 522(b)(3)(C) to cover tax exempt retirement accounts. For single debtors filing, it has no coverage limit.
5 U.S.C. §§ 8437(e)(g), 11 U.S.C. § 541(c)(2)
Most people use 5 U.S.C. §§ 8437(e)(g), 11 U.S.C. § 541(c)(2) to cover thrift savings plan. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1(2)
Most people use N.D. Cent. Code § 28-22-03.1(2) to cover motor vehicles. if disabled, exemption limits become $32,000/$64,000 (single/joint). For single debtors filing, it has a coverage limit of $2,950. This exemption has a limit to the number of assets it can cover.
N.D. Cent. Code § 28-22-03.1(2)
Most people use N.D. Cent. Code § 28-22-03.1(2) to cover family pictures. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-02
Most people use N.D. Cent. Code § 28-22-02 to cover wearing apparel (for family). For single debtors filing, it has a coverage limit of $5,000.
N.D. Cent. Code § 28-22-05
Most people use N.D. Cent. Code § 28-22-05 to cover personal property (single person, not claiming crops). For single debtors filing, it has a coverage limit of $3,750.
N.D. Cent. Code § 28-22-03.1 (6)
Most people use N.D. Cent. Code § 28-22-03.1 (6) to cover health aids. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-02 (6)
Most people use N.D. Cent. Code § 28-22-02 (6) to cover food and fuel to last 1 year. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (7)
Most people use N.D. Cent. Code § 28-22-03.1 (7) to cover erisa, iras, & keoghs (total). For single debtors filing, it has a coverage limit of $200,000. This bankruptcyCode has a per-item coverage limit of $100,000.
N.D. Cent. Code § 28-22-03.1(8)(e)
Most people use N.D. Cent. Code § 28-22-03.1(8)(e) to cover annuities, stock-bonus or similar plan payments. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 14-09-09.31
Most people use N.D. Cent. Code § 14-09-09.31 to cover child support. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (8)(d)
Most people use N.D. Cent. Code § 28-22-03.1 (8)(d) to cover alimony support. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-19 (3)
Most people use N.D. Cent. Code § 28-22-19 (3) to cover public assistance. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-19 (2); N.D. Cent. Code § 28-22-03.1 (9)(a)
Most people use N.D. Cent. Code § 28-22-19 (2); N.D. Cent. Code § 28-22-03.1 (9)(a) to cover crime victims' compensation. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 65-05-29
Most people use N.D. Cent. Code § 65-05-29 to cover workers' compensation. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 65-05-29
Most people use N.D. Cent. Code § 65-05-29 to cover social security. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 52-06-30; N.D. Cent. Code § 28-22-03.1 (8)(c)
Most people use N.D. Cent. Code § 52-06-30; N.D. Cent. Code § 28-22-03.1 (8)(c) to cover unemployment compensation. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (8)(b)
Most people use N.D. Cent. Code § 28-22-03.1 (8)(b) to cover disabled veterans' benefit. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 54-52.2-06
Most people use N.D. Cent. Code § 54-52.2-06 to cover public employees (deferred compensation). For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 54-52.2-06
Most people use N.D. Cent. Code § 54-52.2-06 to cover fraternal benefit. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (9)(d)
Most people use N.D. Cent. Code § 28-22-03.1 (9)(d) to cover personal injury settlement. For single debtors filing, it has a coverage limit of $18,450.
N.D. Cent. Code § 28-22-03.1 (9)(b)
Most people use N.D. Cent. Code § 28-22-03.1 (9)(b) to cover wrongful death awards. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-25-11
Most people use N.D. Cent. Code § 28-25-11 to cover earnings for 60 days. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 37-26-06
Most people use N.D. Cent. Code § 37-26-06 to cover veterans' compensation (desert shield, desert storm). For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03 (9)(e)
Most people use N.D. Cent. Code § 28-22-03 (9)(e) to cover loss of future earnings compensation. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03 (8)(c)
Most people use N.D. Cent. Code § 28-22-03 (8)(c) to cover disability, illness, unemployment benefits. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 52-09-22
Most people use N.D. Cent. Code § 52-09-22 to cover old-age and survivor insurance. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (5)
Most people use N.D. Cent. Code § 28-22-03.1 (5) to cover life insurance (unmatured, loan). For single debtors filing, it has a coverage limit of $8,000.
N.D. Cent. Code § 28-22-02 (9)
Most people use N.D. Cent. Code § 28-22-02 (9) to cover proceeds for exempt property. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 26.1-33-40
Most people use N.D. Cent. Code § 26.1-33-40 to cover life insurance proceeds (payable to deceased's estate). For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (3)
Most people use N.D. Cent. Code § 28-22-03.1 (3) to cover tools of trades. For single debtors filing, it has a coverage limit of $1,500.
N.D. Cent. Code § 28-22-02(8)
Most people use N.D. Cent. Code § 28-22-02(8) to cover crops - on 160 acres where debtor resides. For single debtors filing, it has no coverage limit.
N.D. Cent. Code § 28-22-03.1 (1)
Most people use N.D. Cent. Code § 28-22-03.1 (1) to cover wildcard. For single debtors filing, it has a coverage limit of $10,000.
