North Dakota Bankruptcy Exemptions
Homestead
28-22-02 & 47-18-01 - Real property, mobile home, or house trailer up to
$80,000:
Personal Property
The following list applies to all debtors:
28-22-02 - 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 tract of land, limited to 1 tract of 160 acres; insurance proceeds
for exempt property.
28-22-03.1 - Motor vehicle up to $1,200 ($32,000 if modified for a
physically disabled person); personal injury recoveries up to $7,500;
wrongful death recoveries up to $7,500.
28-22-03.1 - IN LIEU OF Homestead: cash to $7,500.
The following list applies to the head of household, not claiming crops or
grain:
28-22-03 - $5,000 of any personal property; OR
28-22-04 - 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:
28-22-05 - $2,500 of any personal property.
Wages
32-09.1-.03 - 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.
Pensions
11 U.S.C. § 522 - Tax exempt retirement accounts; Traditional and Roth IRAs
up to $1,095,000 per person.
28-22-03.1 - Disabled veterans' benefits (does not include military
retirement pay); annuities, pensions, IRAs, Keoghs, simplified employee
plans up to $100,000. Together with the insurance exemption under this
section total may not exceed $200,000. No limit however if needed for
support.
28-22-19 - Public employees.
54-52.2-06 - Public employees deferred compensation.
Public Benefits
28-22-03.1 - Social Security.
28-22-19 - Public assistance; crime victims' compensation.
52-06-30 - Unemployment compensation.
52-09-22 - Survivor insurance and old age insurance program benefits.
65-05-29 - Workers' compensation.
Tools of Trade
See Personal Property section 2.
Insurance
26.1-15.1-18 & 26.1-33-40 – Fraternal benefit society benefits
26.1.33-40 - Life insurance proceeds payable to the decedent's estate (not
to a specific beneficiary).
28-22-03.1 - 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.
Miscellaneous
14-09-09.31 - Child support payments.