FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE All Bankruptcy law references are to Annotated Code of Maryland unless otherwise noted. |
ASSET |
EXEMPTION |
LAW PROVISION |
HOMESTEAD
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NONE, however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse |
In re Sefren
41 B.R. 747 (D. Md. 1984) |
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INSURANCE |
Disability or health benefits, including court awards, arbitrations and settlements |
Courts and Jud. Proceedings 11-504(b)(2) |
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Fraternal benefit society benefits |
48A-328, Estates & Trusts 8-115 |
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Life insurance or annuity contract proceeds or avails if beneficiary is insureds dependent, child or spouse |
48A-385, Estates & Trusts 8-115 |
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Medical benefits deducted from wages |
Commercial 15-601.1 |
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MISCELLANEOUS |
Property of business partnership |
Corporation 9-502 |
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PENSIONS |
Deceased Baltimore police officers (only benefits building up) |
73B-49 |
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ERISA-qualified benefits, except IRAs |
Courts & Jud. Proceedings 11-504(b) |
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State employees |
73B-17, 73B-125 |
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State police |
88B-60 |
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Teachers |
73B-96, 73B-152 |
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PERSONAL PROPERTY |
Appliances, furnishings, household goods, books, pets and clothing to $5,000 total |
Courts & Jud. Proceedings 11-504(b)(4) |
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Burial plot |
23-164 |
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Health aids |
Courts & Jud. Proceedings 11-504(b)(3) |
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Lost future earnings recoveries and any other real or personal property up to $5,000 total |
Courts & Jud. Proceedings 11-504(b)(2) |
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PUBLIC BENEFITS |
AFDC, general assistance |
88A-73 |
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Crime victims’ compensation |
26A-13 |
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Unemployment compensation |
Labor & Employment
8-106 |
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Workers compensation |
Labor & Employment
9-732 |
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TOOLS OF TRADE |
Clothing, books, tools, instruments and appliances to $5,000; cant include car (In re Chapman, 68 B R 745 (D. Md. 1986) |
Courts & Jud. Proceedings 11-504(b)(1) |
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WAGES |
Earned but unpaid wages, the greater of 75% or $415 per week; in Kent, Caroline and Queen Annes of Worcester Counties, the greater of 75% of actual wages or 30% of federal minimum wage |
Commercial
15-601.1 |
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WILD CARD |
$6,000 of any property |
Courts 7 Jud. Proceedings 11-504(b)(5),(f) |