New Jersey State Exemption List

Federal or State Exemptions Allowed

In the state of New Jersey, you may choose either the state or federal exemptions. Exemptions have been created to allow you to maintain certain personal property, pensions, wages, and assets so you can start over after bankruptcy. If you choose the New Jersey exemptions, there may be a few federal supplemental exemptions allowed. There also may be certain residency requirements to use the state exemption list.

The following table will outline the New Jersey State Exemptions. Many of your assets may not have a matching exemption. It is important to discuss your assets with a New Jersey Bankruptcy Attorney prior to filing bankruptcy.

Exemptions Exemption Amount Statutes
Homestead The New Jersey Consolidated Statutes contains no provision for a homestead exemption.  
Personal Property Clothing; goods, personal property, and stock or interest in corporations up to $1,000 total. 2A:17-19
  Household good and furniture up to $1,000. 2A:26-4
  Burial plots 45:27-21

Wages

17-56 - 90% of earned but unpaid wages if your annual income is less than 250 percent of the federal poverty level. If income is higher, 75%. 2A:17-56
  Military personnel wages and allowances 38A:4-8
Pensions Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person. 11 U.S.C. § 522
  Civil defense workers.  A:9-57.6
  State police 53:5A-45
  Street and water department employees 43:19-17
  City boards of health employees. 43:18-12
  Police officers, firefighters, and traffic officers 43:16-7 & 43:16A-17
  Public employees. 43:15A-53
  Municipal employees. 43:13-44
  City workers' ERISA-qualified benefits 43:13-9
  County employees 43:10-57 & 43:10-105
  Alcohol beverage control officers. 43:8A-20
  Prison employees 43:7-13
  Judges 43:6A-41
  Trust containing personal property if it was created pursuant to federal tax law. 18A:66-116
  Teachers. 18A:66-51
  Trust containing personal property if it was created pursuant to federal tax law. 25:2-1

Public Benefits

Workers' compensation 34:15-29
  Unemployment compensation. 43:21-53
  Old-age, permanent disability assistance 44:7-35

Insurance

Health and disability benefits. 17:18-12 & 17B:24-8
  Military member disability or death benefits. 38A:4-8
  Life insurance proceeds if policy prohibits use to pay creditors. 17B:24-10
  Group life or health policy or proceeds. 17B:24-9
  Civil defense workers' disability, death, medical or hospital benefits. A:9-57.6
  Health and disability benefits. 17:18-12 & 17B:24-8
  Life insurance proceeds, dividends, interest, loan, cash, or surrender value, if not the insured 17B:24-6b

There are certain debts such as deeds of trust, taxes. And mortgages which will not be discharged by filing bankruptcy. Failure to pay these debts will allow the lender the right to pursue legal debt collection efforts

For more information call us at 866-210-1722 or fill out the form below.
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