HOMESTEAD

Real property, house trailer or mobile home to $80,000

28-22-02(10), 47-18-01

INSURANCE

Fraternal benefits society benefits

26.1-15.1-18, 26.1-33-40

Life insurance proceeds payable to deceased’s estate, not to a specific beneficiary

26.1-33-40

Life insurance surrender value to $100,000 per policy, if beneficiary is insured’s relative & owned over 1 year before filing for bankruptcy; no limit if more needed for support;

28-22-03.1

MISCELLANEOUS

Child support payments.

14-09-09.31

PENSIONS

Disabled veterans’ benefits, except military retirement pay

28-22-03.1(4) (d)

ERISA-qualified benefits to $100,000 per plan; no limit if more needed for support; with insurance exempt under 28-22-03.1, total cannot exceed $200,000

28-22-03.1(3)

IRAs to $100,000 per plan; no limit if more needed for support; with insurance exempt under 28-22-03.1, total cannot exceed $200,000

28-22-03.1(3)

Keoghs to $100,000 per plan; no limit if more needed for support; with insurance exempt under 28-22-03.1, total cannot exceed $200,000

28-22-03.1(3)

Public employees

28-22-19(1)

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person.

11 U.S.C. § 522

Public employees deferred compensation.

54-52.2-06

PERSONAL PROPERTY

1. 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 tract of land, limited to 1 tract of 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 $7,500; wrongful death recoveries up to $7,500.

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

28-22-02

28-22-03.1

28-22-03.1

2. 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.

28-22-03

28-22-04

3. Non-head of household not claiming crops or grain, may claim $2,500 of any personal property

28-22-05

PUBLIC BENEFITS

AFDC

28-22-19(3)

Crime victims’ compensation

28-22-19(2)

Social security

28-22-03.1(4) ( c)

Unemployment compensation

52-06-30

Workers’ compensation

65-05-29

Survivor insurance and old age insurance program benefits.

52-09-22

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