Bankruptcy Exemption Citations
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Exemption: Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
NOTE: This exemption is only applicable in garnishment proceedings.
N.D. Cent. Code § 28-22-02 (7) - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
N.D. Cent. Code § 28-22-02 - 1. All debtors may exempt: Bible, schoolbooks; other books
Burial plots, church pew;
Wearing apparel to $5,000, and all clothing of the debtor & debtor's family
Family pictures ;
Crops or grain raised by debtor on 160 acres where debtor resides; 28-22-02(8)
Food & fuel to last 1 year
Insurance proceeds for exempt property, if held in cash or invested in other exempt property
Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner's disability 28-22-03.1(2)
Personal injury recoveries to $7,500
Wrongful death recoveries to $7,500
N.D. Cent. Code § 28-22-03 - Head of household not claiming crops or grain may claim $7,500 of any personal property
N.D. Cent. Code § 28-22-03.1 (3) - Tools, implements, or professional books of the trade of the debtor or the trade of a dependent of the debtor to $10,000
N.D. Cent. Code § 28-22-03.1 (9)(d) - Payments to debtor or to individual of whom debtor is a dependent, on account of bodily injury or financial loss to $18,450
N.D. Cent. Code § 28-22-03.1 (e) - Payments from an ERISA-qualified stock bonus, profit-sharing, annuity or similar plan, to extemt extent necessary for support.
N.D. Cent. Code § 28-22-03.1 (7) - ERISA-qualified retirement funds, IRAs, & Keoghs to $200,000 per plan; or $400,000 for all accounts; no limit if more needed for support
N.D. Cent. Code § 28-22-03.1 - 1. All debtors may exempt: Bible, schoolbooks; other books
Burial plots, church pew;
Wearing apparel to $5,000, and all clothing of the debtor & debtor's family
Family pictures ;
Crops or grain raised by debtor on 160 acres where debtor resides; 28-22-02(8)
Food & fuel to last 1 year
Insurance proceeds for exempt property, if held in cash or invested in other exempt property
Motor vehicle to $2,950 or $32,000 for vehicle that has been modified to accommodate owner's disability 28-22-03.1(2)
Personal injury recoveries to $7,500
Wrongful death recoveries to $7,500
N.D. Cent. Code § 28-22-05 - Non-head of household not claiming crops or grain may claim $3,750 of any personal property
N.D. Cent. Code § 28-22-17 - North Dakota has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NDCC § 28-22-17.
N.D. Cent. Code § 28-22-18 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
NOTE: This exemption is only applicable in garnishment proceedings.
N.D. Cent. Code § 32-09.1-03 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
NOTE: This exemption is only applicable in garnishment proceedings.
N.D. Cent. Code § 47-18-01 - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
N.D. Cent. Code § 47-18-04 (4) - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
Alaska Stat. § 09.38.030 (a),(b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
Alaska Stat. § 09.38.050 (b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
Alaska Admin. Code tit. 8, § 95.030 (d),(e) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
Ala. Code § 5-19-15 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
Ala. Code § 6-10-7 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
Ark. Code Ann. § 16-66-208 - Earned but unpaid wages due for 60 days; in no event less than $25 per week
Ariz. Rev. Stat. § 33-1131 - 90% of earned but unpaid weekly net earnings or 60 times the federal minimum hourly wage; 50% of wages for support orders; bankruptcy judge may authorize more for low-income debtors
In re Nye, 210 B.R. 857 (D. Colo. 1997) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
In re Kobernusz, 160 B.R. 844 (D. Colo. 1993) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
Colo. Rev. Stat. § 13-54-104 - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
Conn. Gen. Stat. Ann. § 52-361a (f) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j).
Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
Conn. Gen. Stat. Ann. § 52-352b (d) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j).
Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
Conn. Gen. Stat. Ann. § 52-367b (c) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j).
Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
Fla. Stat. Ann. § 222.11 - 100% of wages for heads of family up to $750 per week either unpaid or paid and deposited into bank account for up to 6 months
Fla. Stat. Ann. § 222.21 - Federal government employees' pension payments needed for support & received 3 months prior
Ga. Code Ann. § 18-4-20 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
Ga. Code Ann. § 18-4-21 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
Haw. Rev. Stat. § 353-1 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
Haw. Rev. Stat. § 353-22 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
Haw. Rev. Stat. § 353-22.5 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
Iowa Code § 537.5105 - Expected annual earnings Amount NOT exempt per year
$0 to $12,000 -- $250
$12,000 to $16,000 -- $400
$16,000 to $24,000 -- $800
$24,000 to $35,000 -- $1,000
$35,000 to $50,000 -- $2,000
More than $50,000 -- 10%
Not exempt from spousal or child support
In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
Iowa Code § 627.6 (10) - Expected annual earnings Amount NOT exempt per year
$0 to $12,000 -- $250
$12,000 to $16,000 -- $400
$16,000 to $24,000 -- $800
$24,000 to $35,000 -- $1,000
$35,000 to $50,000 -- $2,000
More than $50,000 -- 10%
Not exempt from spousal or child support
In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
In re Irish, 311 B.R. 63 (8th Cir. B.A.P. 2004) - Expected annual earnings Amount NOT exempt per year
$0 to $12,000 -- $250
$12,000 to $16,000 -- $400
$16,000 to $24,000 -- $800
$24,000 to $35,000 -- $1,000
$35,000 to $50,000 -- $2,000
More than $50,000 -- 10%
Not exempt from spousal or child support
In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
Iowa Code § 642.21 - Expected annual earnings Amount NOT exempt per year
$0 to $12,000 -- $250
$12,000 to $16,000 -- $400
$16,000 to $24,000 -- $800
$24,000 to $35,000 -- $1,000
$35,000 to $50,000 -- $2,000
More than $50,000 -- 10%
Not exempt from spousal or child support
In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
Idaho Code § 11-605 (12) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $2,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
Idaho Code § 11-207 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $2,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
735 Ill. Comp. Stat. 5/12-803 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
In re Mayer, 388 BR 869 (Bankr.ND Ill 2008) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
But see, In re Koeneman, 410 B.R. 820 (Bankr.N.D.Ill 2009) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
But see, In re Radzilowsky, 448 BR 767 (Bankr. N.D. Ill 2011) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
740 Ill. Comp. Stat. 170/4 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
In re Haraughty, 403 BR 607 (Bankr. SD Indiana 2009) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
Ind. Code Ann. § 24-4.5-5-105 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
In re Urban, 262 B.R. 865 (Bankr. D.Kan 2001) - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Kan. Stat. Ann. § 60-2310 - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Ky. Rev. Stat. Ann. § 427.010 (2),(3) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
La. Rev. Stat. Ann. § 13:3881 (A)(1) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Mass. Gen. Laws ch. 246, § 28 - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
Mass. Gen. Laws ch. 235, § 34 (15) - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
Md. Code Ann., [Com. Law] § 15-601.1 - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
Marshall v. Safeway, Inc., 437 Md. 542 (MD 2014) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (e) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
In re Stine, 360 F.3d 455 (4th Cir. 2004) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
Bank of America v. Stine, 379 Md. 76, 839 A.2d 727 ( 2003) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
Mich. Comp. Laws § 600.5311 - Head of household may keep 60% of earned but unpaid wages (no less than $15/week), plus $2/week per nonspouse dependent; if not head of household may keep 40% (no less than $10/week)
Minn. Stat. Ann. § 550.37 subd. 14 - Wages, paid within 6 mos. of returning to work, after receiving welfare or after incarceration; includes earnings deposited in a financial institution in the last 60 days 550.37 subd. 14
Minn. Stat. Ann. § 571.922 - Minimum 75% of weekly disposable earnings or 40 times federal minimum hourly wage, whichever is greater
Mo. Rev. Stat. § 525.030 - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
In re Parsons, 437 B.R. 854 (Bankr. E.D. Mo. 2010) - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
Miss. Code Ann. § 85-3-4 - Earned but unpaid wages owed for 30 days; after 30 days, minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater (bankruptcy judge may authorize more for low-income debtors)
Mont. Code Ann. § 25-13-614 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
N.C. Gen. Stat. § 1-362 - Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support
N.D. Cent. Code § 32-09.1-03 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
NOTE: This exemption is only applicable in garnishment proceedings.
N.D. Cent. Code § 28-22-18 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
NOTE: This exemption is only applicable in garnishment proceedings.
Neb. Rev. Stat. § 25-1558 - Minimum 85% of earned but unpaid weekly disposable earnings or pension payments for head of family; minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, for all others; bankruptcy judge may authorize more for low-income debtors
N.H. Rev. Stat. Ann. § 512:21 (II) - 50 times the federal minimum hourly wage per week
NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
In re Damast, 136 B.R. 11 (Bankr. D. N.H. 1991) - 50 times the federal minimum hourly wage per week
NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
N.J. Stat. Ann. § 2A:17-56 - 90% of earned but unpaid wages if annual income under 250% of the poverty level for family size; 75% if annual income is more than that amount
N.M. Stat. Ann. § 35-12-7 - Minimum 75% of disposable earnings or 40 times the hourly minimum wage (state, fed, or local), whichever is more; bankruptcy judge may authorize more for low-income debtors
Nev. Rev. Stat. Ann. § 31.295 - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
Nev. Rev. Stat. Ann. § 21.090 (1)(g) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
In re Christensen, 122 Nev. 1309, 149 P.3d 40 ( 2006) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
N.Y. CPLR § 5205 (f) - 90% of earnings from dairy farmer's sales to milk dealers
N.Y. CPLR § 5205 (e) - 100% of pay of noncommissioned officer, private, or musician in U.S. or N.Y. state armed forces
Ohio Rev. Code Ann. § 2329.66 (A)(13) - Minimum 75% of disposable weekly earnings or 40 times the federal hourly minimum wage, whichever is higher; bankruptcy judge may authorize more for low-income debtors
12 Okla. Stat. Ann. § 1171.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
31 Okla. Stat. Ann. § 1 (A)(18) - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
31 Okla. Stat. Ann. § 1.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
Or. Rev. Stat. § 18.385 - 75% of disposable wages or $170 per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Tenn. Code Ann. § 26-2-106 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
Tenn. Code Ann. § 26-2-107 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
15 U.S.C. § 1673 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. NOTE: Declared not a bankruptcy exemption by numerous Federal courts
46 U.S.C. § 11109 - Seaman's wages (while on a voyage) persuant to a written contract
Utah Code Ann. § 78B-5-505 (1)(a)(xvi) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
Utah R. Civ. Proc. Rule 64D (a) - Earnings to lesser of (1) 75% of debtor's disposable earnings (50% for child support) or (2) amount by which disposable earnings exceed 37x the minimum wage per week.
Gladwell v. Reinhart, 2012 UT 82 ( 2012) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
Va. Code Ann. § 34-4.2 - Parent w household gross income, including any support payments for children living in the home, less than $1,750 per month, can exempt from wage garnishment:
* $34 per week for one child;
* $52 per week for two children;
* $66 per week for three or more children
Va. Code Ann. § 34-29 - Minimum 75% of weekly disposable earnings or 40 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Vt. Stat. Ann. tit. 12, § 3170 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Wash. Rev. Code Ann. § 6.27.150 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Wis. Stat. Ann. § 815.18 (3)(h) - 75% of weekly net income or 30 times the greater of the federal or state minimum hourly wage; bankruptcy judge may authorize more for lowincome debtors
W. Va. Code § 38-5A-3 - Minimum 30 times the federal minimum hourly wage per week; bankruptcy judge may authorize more for low-income debtors