Maryland is an opt-out state, meaning most bankruptcy filers use **Maryland**-specific exemptions rather than the federal set, with some exceptions (e.g. certain federal retirement protections). Below is a list of common **Maryland** exemptions. Always confirm amounts and interpretations with a **licensed attorney** or **Maryland Code**, as laws can change.
Asset / Type of Property | Exemption Description | Statute / Code | Notes |
---|---|---|---|
Homestead | Maryland does **not** have a specific homestead exemption, but **tenancy by the entirety** property may be protected against debts owed by only one spouse. | In re Sefren, 41 B.R. 747 (D. Md. 1984) | TBE property is safe unless both spouses are liable for the debt. |
Disability / Health Benefits | Includes court awards, arbitrations, settlements. | Md. Courts & Jud. Proc. § 11-504(b)(2) | |
Fraternal Benefit Society Benefits | Fully exempt. | Md. Ins. § 8-431; Md. Est. & Trusts § 8-115 | |
Life Insurance / Annuity Contract if Beneficiary is Dependent | Exempt proceeds / avails if spouse, child, or other dependent is beneficiary. | Md. Ins. § 16-111(a); Md. Est. & Trusts § 8-115 | |
Medical Benefits Deducted from Wages | Exempt from garnishment. | Md. Commercial Law § 15-601.1 | |
Property of Business Partnership | Exempt from individual partner’s creditors. | Md. Corp. & Ass'ns § 9-502 | |
Deceased Baltimore Police Officers (Payments Building Up) | Exempt only for benefits accruing (not necessarily lumpsum). | 73B-49 (possibly local code reference) | |
ERISA-Qualified Benefits (Except IRAs) | Generally exempt under state law. | Md. Courts & Jud. Proc. § 11-504(b) | |
State Employees | Exempt pension / retirement. | Md. State Pers. & Pens. § 21-502 | |
State Police | Exempt retirement benefits. | Md. Code Pub. Safety § 88B-31 | |
Appliances, Furnishings, Books, Pets, Clothing | Up to \$1,000 total value. | Md. Courts & Jud. Proc. § 11-504(b)(4) | |
Burial Plots / Crypts | Fully exempt. | Md. Code § 5-503 (possibly CR or ET code?) | |
Health Aids | Fully exempt. | Md. Courts & Jud. Proc. § 11-504(b)(3) | |
Lost Future Earnings Recoveries | Exempt to extent needed for support. | Md. Courts & Jud. Proc. § 11-504(b)(2) | |
AFDC / General Assistance | Fully exempt. | Md. Code Human Services? 88A-73 | |
Crime Victims’ Compensation | Fully exempt. | Md. Code Crim. Proc. § 11-816 | |
Unemployment Compensation | Fully exempt. | Md. Lab. & Empl. § 8-106 | |
Workers’ Compensation | Fully exempt. | Md. Lab. & Empl. § 9-732 | |
Clothing, Books, Tools, Instruments, Appliances for Work | Up to \$5,000 total. Does not include a car (per In re Chapman). | Md. Courts & Jud. Proc. § 11-504(b)(1);In re Chapman, 68 B.R. 745 (D. Md. 1986) | No vehicle under “tools of trade” unless it is specialized work equipment. |
Wages | Minimum 75% of earned but unpaid wages or **\$415/week** (whichever is greater). In certain counties (Kent, Caroline, Queen Anne’s, Worcester), the greater of 75% or 30x federal minimum wage. | Md. Commercial Law § 15-601.1 | |
Wildcard | \$6,000 of cash or any propertyplus \$5,000 of real or personal property | Md. Courts & Jud. Proc. § 11-504(b)(5), (f) | Total possible wildcard = \$11,000 (6k in any form + 5k in real/personal). |
This list is intended for general educational purposes only and does not constitute legal advice. Exemption amounts and interpretations can vary or change over time. Always consult a licensed Maryland bankruptcy attorney or the official Maryland Code to confirm exact eligibility and current amounts.