North Dakota State Exemption List

Only State Exemptions Allowed

In the state of North Dakota you can only use the State of North Dakota Bankruptcy Exemption List. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your North Dakota Bankruptcy Attorney.

North Dakota has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in North Dakota. There may be certain residency requirements to use the State of North Dakota Bankruptcy Exemption List.

The following table will outline the North Dakota Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption.

Exemptions Exemption Amount Statutes
Homestead Real property, mobile home, or house trailer up to $80,000 28-22-02 & 47-18-01

Miscellaneous

Child support payments 14-09-09.31

Insurance

Fraternal benefit society benefits
Life insurance proceeds payable to the decedent's estate (not to a specific beneficiary).

Life insurance surrender value to $100,000 per policy if beneficiary is relative of the insured and the policy has been in existence for more than 1 year before filing for bankruptcy. No limit if needed for support.
26.1-15.1-18 & 26.1-33-
40
26.1.33-40
28-22-03.1

Tools of Trade

See Personal Property section 2.

 

 
Public Benefits

Social Security.
Public assistance; crime victims' compensation.
Unemployment compensation.
Survivor insurance and old age insurance program benefits.

Workers' compensation
28-22-03.1
28-22-19
52-06-30
52-09-22
65-05-29

Pensions

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person.
Disabled veterans' benefits (does not include military retirement pay); annuities, pensions, IRAs, Keoghs, simplified employee plans up to $100,000 each. Together with the insurance exemption under this section total may not exceed $200,000. No limit however if needed for support.
Public employees.

Public employees deferred compensation.
11 U.S.C. § 522
28-22-03.1
28-22-19
54-52.2-06

Wages

The greater of the following: 40 times the federal minimum wage or minimum of 75% of disposable weekly earnings. Judge may approve more for low income debtor.

32-09.1-.03

Personal Property

The following list applies to all debtors:

Clothing; fuel and food to last 1 year; bible; books up to $100; family pictures; church pew; burial plots; crops or grain raised on the debtor's land, limited to 160 acres; insurance proceeds for exempt property.

Motor vehicle up to $1,200 ($32,000 if modified for a physically disabled person); personal injury recoveries up to $15,000; wrongful death recoveries up to $15,000.

IN LIEU OF Homestead: cash to $7,500.

The following list applies to the head of household, not claiming crops or grain:
 $5,000 of any personal property; OR
Furniture and bedding up to $1,000; books and musical instruments up to $1,500; tools and library of a professional up to $1,000; tools of a mechanic and stock in trade up to $1,000; and farm implements and livestock up to $4,500.

The following list applied to a non-head of household not claiming crops:
$2,500 of any personal property.

28-22-02
28-22-03.1
28-22-03.1
28-22-03
28-22-04
28-22-05
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