Maryland State Exemption List
Only State Exemptions Allowed
In the state of Maryland, you can not choose the federal bankruptcy list and must use the State of Maryland Bankruptcy Exemption List. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your Maryland Bankruptcy Attorney.
Maryland has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Maryland. There may be certain residency requirements to use the State of Maryland Bankruptcy Exemption List.
The following table will outline the Maryland Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption.
| Exemptions | Exemption Amount | Statutes |
|---|---|---|
| Homestead | None But 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) |
| Miscellaneous | Property of business partnership | Corporation 9-502 |
| Pensions | Deceased Baltimore police officers (only benefits building up) | 73B-49 |
| ERISA-qualified benefits, except IRAs | Courts & Jud. Proceedings 11-504(b) | |
| State employees | Pers. & Pens. 21-502 | |
| State police | 88B-31 | |
| Wages | Earned but unpaid wages, the greater of 75% or $415 per week; in Kent, Caroline and Queen Anne’s of Worcester Counties, the greater of 75% of actual wages or 30% of federal minimum wage | Commercial 15-601.1 |
| Tools of the Trade | Clothing, books, tools, instruments and appliances to $5,000; can not include car | Courts & Jud. Proceedings 11-504(b)(1) |
| Insurance | Disability or health benefits, including court awards, arbitrations and settlements | Courts and Jud. Proceedings 11-504(b)(2) |
| Fraternal benefit society benefits | Insurance 8-431; Estates & Trusts 8-115 | |
| Life insurance or annuity contract proceeds or available if beneficiary is insured’s dependent, child or spouse | Insurance 16-111(a), Estates & Trusts 8-115 | |
| Medical benefits deducted from wages | Commercial 15-601.1 | |
| Personal Property | Appliances, furnishings, household goods, books, pets and clothing to $1,000 total | Courts & Jud. Proceedings 11-504(b)(4) |
| Burial plots and crypts | 5-503 | |
| Health aids | Courts & Jud. Proceedings 11-504(b)(3) | |
| Lost future earnings recoveries | Courts & Jud. Proceedings 11-504(b)(2) | |
| Public Benefits | AFDC, general assistance | 88A-73 |
| Crime victims’ compensation | Proc. 11-816 | |
| Unemployment compensation | Labor & Employment 8-106 | |
| Workers’ compensation | Labor & Employment 9-732 | |
| Wild Card | $6,000 of cash or property of any kind and $5,000 of real or personal property | Courts 7 Jud. Proceedings 11-504(b)(5), (f) |
