Maryland Bankruptcy Exemptions

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UPDATED: Jul 16, 2021

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Written By: Jeffrey JohnsonUPDATED: Jul 16, 2021Fact Checked

Federal bankruptcy exemptions available? NO

Maryland has no statutory homestead exemption, but a court has held that a residence owned by a married couple as a tenancy by the entirety is exempt if only one spouse is the debtor.

The references to Maryland statutes are to the Maryland Code of Courts and Judicial Proceedings.


United States Bankruptcy Court, District of Maryland

Maryland Bankruptcy Attorneys

Maryland Bankruptcy Exemptions
Assets Exemption State Statute
Homestead No exemption  
Insurance Health or disability benefits, including settlements and arbitration and court awards: all Courts and Judicial Proceedings 11-504(b)(2)
  Medical insurance benefit deductions from wages and medical insurance payments: are included in the exemptions for wages up to $145 per week or 75% of disposable weekly wages, whichever is greater. Commercial Law 15-601.1(b)
  Fraternal benefit society benefits: all. Insurance 8-431; Estates and Trusts 8-115
  Life insurance/annuity proceeds and avails: all if beneficiary is the child, spouse, or dependent of the insured. Insurance 16-111(a); Estates and Trusts 8-115
Pensions Federal pension exemptions.  
  State employee pensions: all. State Personnel and Pensions 21-502
Personal Property Burial plot: all. Business Regulationv 5-503v
  Perpetual care trust fund: all Business Regulation 5-602
  Recoveries for lost future earnings: all. Courts and Judicial Proceedings 11-504(b)(2)
  Health aids: all. Courts and Judicial Proceedings 11-504(b)(3)
  Household goods, furniture, appliances, books, pets, and clothing: up to $1,000 total. Courts and Judicial Proceedings 11-504(b)(4)
  Prepaid college trust fund: all. Education 18-1913
Public Benefits Death benefits for Baltimore police: all. Code of 1957 article 24, 16-103
  Crime victims’ compensation benefits: all. Criminal Procedure 11-816(b)
  Unemployment compensation benefits: all. Labor and Employment 8-106
  Workers’ compensation benefits: all. Labor and Employment 9-732
Tools of Your Trade Tools, instruments, appliances, books, and clothing: up to $5,000. Courts and Judicial Proceedings 11-504(b)(1)
Wages Wages earned but not yet paid, for Kent, Caroline, and Queen Anne’s of Worchester counties: at least 75% of weekly wage or 30 times the federal minimum hourly wage, whichever is greater. Commercial Law 15-601.1
  Wages earned but not yet paid, for the rest of the state: at least 75% of the weekly wage or $145 multiplied by number of weeks wages earned, whichever is greater. Commercial Law 15-601.1
Wildcard Any property or cash: up to $6,000 if claimed within 30 days of levy or attachment. Courts and Judicial Proceedings 11-504(b)(5)
  Any real or personal property: up to $5,000 in addition to wildcard above. Courts and Judicial Proceedings 11-504(f)

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

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