ND Bankruptcy Exemptions
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FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE
All Bankruptcy law references are to North Dakota bankruptcy Code unless noted. |
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ASSET |
EXEMPTION |
LAW PROVISION |
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HOMESTEAD
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Real property, house trailer or mobile home to $100,000 |
28-22-02(10), 47-18-01 |
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INSURANCE |
Fraternal benefits society benefits
Life insurance proceeds payable to deceased’s estate, not to a specific beneficiary
Life insurance surrender value to $100,000 per policy, if beneficiary is insured’s relative & owned over 1 year before filing for bankruptcy; no limit if more needed for support; withERISA-qualified benefits, IRAs and Keoghs exempt under 28-22-03.1 (except pensions for disabled veterans), total cannot exceed $200,000 |
26.1-15.1-18, 26.1-33-40
26.1-33-40
28-22-03.1(3) |
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MISCELLANEOUS |
Property of business partnership |
45-08-02 |
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PENSIONS |
Disabled veterans’ benefits, except military retirement pay
ERISA-qualified benefits to $100,000 per plan; no limit if more needed for support; with insurance exempt under 28-22-03.1, total cannot exceed $200,000
IRAs to $100,000 per plan; no limit if more needed for support; with insurance exempt under 28-22-03.1, total cannot exceed $200,000
Keoghs to $100,000 per plan; no limit if more needed for support; with insurance exempt under 28-22-03.1, total cannot exceed $200,000
Public employees |
28-22-03.1(4) (d)
28-22-03.1(3)
28-22-03.1(3)
28-22-03.1(3)
28-22-19(1) |
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PERSONAL PROPERTY |
1. All debtors may exempt:
- Bible, books to $100 & pictures; clothing
- Burial plots, church pew
- Cash to $7500, in lieu of homestead
- Crops or grain raised on debtor’s tract to 160 acres (64.75 hectares) on 1 tract
- Food & fuel to last 1 year
- Motor vehicle to $2,900
- Personal injury recoveries to $15,500 (not to include pain and suffering)
- Wrongful death recoveries to $7500
2. Head of household not claiming crops or grain may claim $5000 of any personal property or:
- Books & musical instruments to $1500
- Furniture, including bedsteads & bedding, to $1000
- Library & tools of professional to $1000
- Livestock & farm implements to $4500
- Tools of mechanic & stock in trade to $1,500
3. Non-head of household not claiming crops or grain, may claim $7,500 of any personal property |
28-22-02(1), (4), (5)
28-22-02(2), (3)
28-22-03.1(1)
28-22-02(8)
28-22-02(6)
28-22-03.1(2)
28-22-03.1(4) (b)
28-22-03.1(4) (a)
28-22-03.1(4) (a)
28-22-03
28-22-04(1)
28-22-04(2)
28-22-04(4)
28-22-04(3)
28-22-04(4)
28-22-05 |
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PUBLIC BENEFITS |
AFDC
Crime victims’ compensation
Social security
Unemployment compensation
Vietnam veterans’ adjustment compensation
Workers’ compensation |
28-22-19(3)
28-22-19(2)
28-22-03.1(4) ( c)
52-06-30
37-25-07
65-05-29 |
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TOOLS OF TRADE |
See personal property |
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WAGES |
Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors |
32-09.1-03 |
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WILD CARD |
See personal property |
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ND Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.
| BANKRUPTCY COURTS |
NUMBER OF COPIES |
District Of North Dakota
P.O. Box 1110
655 First Avenue North
Room 236
Fargo, ND 58102
Telephone: (701) 239-5129
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contact clerks office |
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