North Dakota State Bankruptcy Exemptions

The chart below contains a summary of North Dakota state bankruptcy exemptions and other relevant statutory laws.
Click here for complete State of North Dakota bankruptcy exemptions laws.

Note: Federal bankruptcy exemptions are not available.

Personal exemptions allowed by North Dakota Bankruptcy Laws

Note:Under the 2005 bankruptcy law, almost all types of tax-exempt retirement accounts are exempt in bankruptcy whether state or Federal exemptions are used. Exemptions for 401(k)s, 403(b)s, profit-sharing and money purchase plans, and defined benefit plans include the entire account amounts. However, with traditional and Roth IRAs, the exemption is limited to a total value of $1,171,650 per person for all accounts held by the debtor (not per account). The total value amount is adjusted every three years for inflation. The relevant statutes: 11 U.S.C. §522(d)(12) for Federal bankruptcy exemptions; 11 U.S.C. §522(b)(3)(C) for state bankruptcy exemptions.

ASSETEXEMPTIONLAW
North Dakota HomesteadReal property, house trailer, or mobile home to $100,00028-22-02(10); 47-18-01
WagesMinimum 75% of disposable weekly earnings or 40 times the Federal minimum wage (whichever is greater). Bankruptcy judge may authorize more for low-income debtors.32-09.1-03
AutomobileUp to $2,950 ($32,000 if automobile is modified to accommodate the owner’s disability28-22-03.1(2)
Other propertyFraternal benefit society benefits26.1-15.1-18
Child support payments14-09-09.31; 28-22-03.1(8)(d)
Wearing apparel to $5,000 and all clothing and family pictures28-22-02(1), (5)
Insurance proceeds for exempt property28-22-02(9)
Burial plots, church pew28-22-02(2), (3)
Implements, books, and tools of trade to $1,50028-22-03.1(3)
Wildcard$7,500 of any property in lieu of homestead28-22-03.1(1)

Note: While this reference information is current as of August 2010, it may not reflect the most up-to-date exemption figures on official state of North Dakota bankruptcy court statutes.

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