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FEDERAL BANKRUPTCY EXEMPTIONS ARE AVAILABLE All Bankruptcy law references are to Massachusetts Code unless noted. |
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ASSET |
EXEMPTION |
LAW PROVISION |
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HOMESTEAD
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The land and building which is owned, occupied or intended to be occupied by an individual as his principal residence is generally exempt from levy on execution and sale for payment of debts to the extent of $500,000.00.
Any person who is 62 years of age or older, and has filed an elderly or disabled person's declaration of homestead, may be entitled to a homestead exemption on the real property or manufactured home which he uses, occupies, and intends to use and occupy as his principal residence to the extent of $500,000.00. |
188.1,
188-1A |
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Must record homestead declaration before filing bankruptcy |
188-2 |
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Spouse or child of deceased owner may claim homestead exemption |
188-4 |
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Property held as tenancy be the entirety may be exempt against non-necessity debts |
209-1 |
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PERSONAL PROPERTY
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Bank deposits to $125; food or cash for food to $300 |
235-34 |
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Beds, bedding and heating unit; clothing needed |
235-34 |
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Bibles and books to $500 total; sewing machine to $300 |
235-34 |
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Burial plots, tombs and church pew |
235-34 |
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Cash for fuel, heat, water or light to $500 per month |
235-34 |
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Cash to $200 per month for rent, in lieu of homestead |
235-34 |
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Cooperative association shares to $100 |
235-34 |
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2 cows, 12 sheep, 2 swine, 4 tons of hay |
235-34 |
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Furniture to $15,000; motor vehicle to $7,500 ($15,000 if disabled) |
235-34 |
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Moving expenses for eminent domain |
79-6A |
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Trust company, bank or credit union deposits to $500 |
246-28A |
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INSURANCE
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Disability benefits to $400 per week |
175-110A |
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Fraternal benefit society benefits |
176-22 |
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Group annuity policy or proceeds |
175-132C |
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Group life insurance policy |
175-135 |
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Life or endowment policy, proceeds or cash value |
175-125 |
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Life insurance annuity contract which says it’s exempt |
175-125 |
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Life insurance policy if beneficiary is married woman |
175-126 |
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Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors |
175-119A |
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Medical malpractice self-insurance |
175F-15 |
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MISCELLANEOUS |
Property of business partnership |
108A-25 |
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PENSIONS
also see wages |
ERISA-qualified benefits |
235-34A, 246-28 |
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Private retirement benefits |
32-41 |
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Public employees |
32-19 |
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Savings bank employees |
168-41, 168-44 |
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PUBLIC BENEFITS
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AFDC |
118-10 |
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Aid to ages, disabled |
235-34 |
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Unemployment compensation |
151A-36 |
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Veterans’ benefits |
115-5 |
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Workers’ compensation |
152-47 |
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TOOLS OF TRADE |
Arms, accouterments and uniforms your required to keep |
235-34 |
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Boats, fishing tackle and nets of fisherman to $1,500 |
235-34 |
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Materials you designed and procured to $5,000 |
235-34 |
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Tools, implements and fixtures to $5,000 total |
235-34 |
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WAGES |
85% of your gross earnings, or
50 times the Massachusetts minimum hourly wage per week (whichever is greater).
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246-28 |