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)
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