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New Mexico Exemptions

   

Federal supplemental exemptions can be used in conjunction with your New Mexico exemptions and can be viewed here.

In New Mexico, you may choose to use the federal exemption set instead of your state exemptions.

Also see New Mexico bankruptcy forms.

ASSET

EXEMPTION DESCRIPTION

LAW SECTION

Homestead

Married, widowed or supporting another may claim real property to $30,000 (joint owners may double)

42-10-9

Insurance

Benevolent association benefits to $5000

Fraternal benefit society benefits

Life, accident, health or annuity benefits, withdrawal or cash value, if beneficiary is a New Mexico citizen

42-10-4

59A-44-18

42-10-3

Miscellaneous

Ownership interest in unincorporated association

Property of business partnership

53-10-3

54-1-25

Pensions

Pension or retirement benefits

Public school employees

42-10-1, 42-10-2

22-11-42A

Personal Property

Books, health equipment & furniture

Building materials

Clothing

Cooperative association shares, minimum amount needed to be member

Jewelry to $2500

Materials, tools & machinery to dig, torpedo, drill, complete, operate or repair oil line, gas well or pipeline

Motor vehicle to $4000

42-10-1, 42-10-2

48-2-15

42-10-1, 42-10-2

53-4-28

42-10-1, 42-10-2

70-4-12

42-10-1, 42-10-2

Public Benefits

AFDC, general assistance

Crime victims’ compensation paid before 7/1/93

Occupational disease disablement benefits

Unemployment compensation

Workers’ compensation

27-2-21

31-22-15

52-3-37

51-1-37

52-1-52

Tools of Trade

$1500

42-10-1, 42-10-2

Wages

Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low- income debtors

35-12-7

Wild Card

$500 of any personal property

$2000 of any property in lieu of homestead

42-10-1

42-10-10

 


     

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