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North Carolina Exemption Notes

OPT OUT STATUS:

Can I use the §522(d) Federal Bankruptcy Exemptions in North Carolina?

No. N.C. Gen. Stat. § 1C-1601(f).

KEY EXEMPTIONS:

Homestead

Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property

Motor Vehicle

Motor vehicle to $3,500

Wildcard

$5,000 less any amount claimed for homestead or burial exemption, of any property
$500 of any personal property

Personal Property

Animals, crops, musical instruments, books, clothing, appliances, household goods & furnishings to $5,500 total; may add $1,000 per dependent, up to $4,000 total additional (all property must have been purchased at least 90 days before filing)
Implements, books, & tools of trade to $2,000

See Also:

Since the federal exemptions are not available, North Carolina residents are stuck with their state law exemptions.

Vehicles exempted to $2,950 is less than the federal limit, and If not using the homestead for real estate, you can use up to $5,000 of the unused amount as a wildcard exemption for any other property. And you can protect $5,000 of other property - more if have dependents, and $2,000 in tools of trade.

The North Carolina homestead of only $35,000 may not protect much, but North Carolina recognizes tenancy by the entirety which could help some debtors who owe debts separate from their spouse and are filling separately.

North Carolina Exemptions Discussed On The Web

Both UpSolve and Nolo have discussions of North Carolina bankruptcy exemptions.

 

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  • Homestead

  • Homestead [US] Real property, including co-op or mobile home, or burial plot to $27,900; unused portion of homestead to $13,950 may be applied to any property
  • Tenancy by Entirety

  • Tenancy by Entirety [US] Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
  • Insurance — Life, Disability

  • Insurance — Life, Disability [US] Disability, illness, or unemployment benefits
  • Insurance — Life, Disability [US] Life insurance payments from policy for person you depended on, needed for support
  • Insurance — Life, Disability [US] Life insurance policy loan value, in accured dividends or interest, to $14,875
  • Insurance — Life, Disability [US] Unamtured life insurance contract, except credit insurance policy
  • Pensions & Retirement Savings

  • Pensions & Retirement Savings [US] All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
  • Personal Property

  • Personal Property [US] Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $700 per item, $14,875 total
  • Personal Property [US] Health aids
  • Personal Property [US] Jewelry to $1,875
  • Personal Property [US] Lost earnings payments
  • Personal Property [US] Motor vehicle to $4,450
  • Personal Property [US] Personal injury recoveries to $27,900 (not to include pain & suffering or pecuniary loss)
  • Personal Property [US] Wrongful death recoveries for person you depended on
  • Public Benefits

  • Public Benefits [US] Crime victims' compensation
  • Public Benefits [US] Social Security
  • Public Benefits [US] Unemployment compensation
  • Public Benefits [US] Veteran's benefits
  • Tools of Trade

  • Tools of Trade [US] Implements, books, & tools of trade to $2,800
  • Wages

  • Wages [US] None
  • Wild Card

  • Wild Card [US] $1,475 of any property
  • Wild Card [US] Up to $13,950 of unused homestead exemption amount, for any property.
  • Miscellaneous

  • Miscellaneous [US] Alimony, child support needed for support
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