North Dakota Bankruptcy Exemptions

Homestead of any person, consisting of lands & dwelling where debtor resides & appurtenances

$100,000 (proceeds of sale of homestead are exempt)

N.D. Cent. Code § 47-18-01 & 28-22-02(7)

One motor vehicle

$2,950 ($32,000 for vehicle modified for disabled owner)

N.D. Cent. Code § 28-22-03.1(2)

Exemption in lieu of homestead

$7,500

N.D. Cent. Code § 28-22-03.1(1)

Property of any kind

$500 (applies only against judgments on criminal bond forfeitures)

N.D. Cent. Code § 28-22-16

Disposable earnings (earnings less deductions required by law. Includes periodic pension and retirement benefits)

The greater of 75% or 40 times the federal minimum hourly wage per week, plus $20 per week for each dependent family member residing with debtor

N.D. Cent. Code § 32-09.1-03 & N.D. Cent. Code § 28-22-18

Earnings for personal services within last 60 days

Amount necessary to support debtor’s family (See Note below)

N.D.CENT. CODE§28-25-11

Benefits from fraternal benefits societies

100%

N.D. Cent. CODE § 26.1-15.1-18

Payment in compensation for loss of future earnings of debtor or individual of whom debtor was a dependent

amount necessary for support of debtor and dependents

N.D. Cent. CODE § 28-22-03.1(9)(e)

Payment under life insurance contract insuring life of an individual of whom debtor was a dependent

amount necessary for support of debtor and dependents

N.D. Cent. CODE § 28-22-03.1(9)(c)

Insurance proceeds received from destruction of homestead

100%

N.D. Cent. CODE § 28-22-02(9)

Avails of life insurance policy or mutual aid contract of benevolent society

100% (must be payable to deceased or estate)

N.D. Cent. Code § 26.1-33-40

Cash surrender value of life insurance policies payable to wife, children or dependent relative of debtor

amount specified in NDCC § 28-22-03.1 (see above for limits)

N.D. Cent. Code § 26.1-33-36

Loan value of unmatured life insurance on debtor or of whom debtor is a dependent

$8,000

N.D. Cent. Code § 28-22-03.1(5)

Unmatured life insurance contract owned by the debtor

100%

N.D. Cent. Code § 28-22-03.1(4)

Payment on the account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent

$18,450

N.D. Cent. CODE § 28-22-03.1(9)(d)

Recoveries for wrongful death

100%

N.D. Cent. Code § 32-21-04 & N.D. Cent. Code § 28-22-03.1(9)(b)

Personal property of any kind

$3750 (this exemption applies only to a single person who does not claim the crop and grain exemption under § 28-22-02)

N.D. Cent. Code § 28-22-05

Professionally prescribed health aids

100%

N.D. Cent. Code § 28-22-03.1(6)

Personal property of any kind

$7,500

N.D. Cent. Code § 28-22-03

Family pictures, pew in place of worship, lots in burial ground, family Bible, school books, family library, wearing apparel and clothing of debtor and family, one-year’s provisions and fuel for debtor and family, crops and grain grown on 160 acres, benefits from insurance covering absolute exemptions, and house trailer or mobile home occupied as residence

100%, except $500 limit on wearing apparel (these are absolute exemptions and are applicable to any debtor, whether or not he is a head of family)

N.D. Cent. Code § 28-22-02

All pensions or annuities or retirement, disability, death or other benefits paid or payable by a retirement system of the state or a political subdivision thereof or by a firemen's relief association

100% (except child support)

N.D. Cent. CODE § 28-22-19(1)

Retirement funds that have been in effect for at least 1 year and are qualified under IRC, and proceeds therefrom

$100,000 limit for each plan, pension or policy, with $200,000 aggregate limit for all plans, pensions or policies; OR amount necessary for support of debtor and dependents, WHICHEVER IS GREATER

N.D. Cent. Code § 28-22-03.1(7)

Compensation of veterans of Desert Shield and Storm

100%

N.D. Cent. CODE § 37-26-06

Payments under stock bonus, pension, profit-sharing, or annuity plan qualified under IRC

amount necessary for support of debtor and dependents

N.D. Cent. CODE § 28-22-03.1(8)(e)

Veteran's disability pension benefits

100% (except child support)

N.D. Cent. CODE § 28-22-03.1(8)(b)

Library, tools or implements of the trade

$1,500

N.D. Cent. Code § 28-22-03.1(3)

Awards to crime victims

100%

N.D. Cent. CODE § 28-22-19(2) & N.D. Cent. CODE § 28-22-03.1(9)(a)

Workmens compensation benefits

100% (except child support)

N.D. Cent. Code § 65-05-29

Unemployment compensation benefits

100% (except child support)

N.D. Cent. Code § 52-06-30 & N.D. Cent. Code § 28-22-03.1(8)©

Disability, illness or unemployment benefit

100%

N.D. Cent. Code § 28-22-03.1(8)(c)

Social Security benefits

100% (except child support)

N.D. Cent. CODE § 28-22-03.1(8)(a)

Aid to dependent children

100%

N.D. Cent. CODE § 28-22-19(3)

Alimony, support, or maintenance

100%

N.D. Cent. CODE § 28-22-03.1(8)(d)

Specific partnership property

100% of partner's interest

N.D. Cent. CODE § 45-17-01