Maryland Bankruptcy Exemptions

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 PropertyExemption DescriptionStatute / CodeNotes
HomesteadMaryland 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 BenefitsIncludes court awards, arbitrations, settlements.Md. Courts & Jud. Proc. § 11-504(b)(2)
Fraternal Benefit Society BenefitsFully exempt.Md. Ins. § 8-431; Md. Est. & Trusts § 8-115
Life Insurance / Annuity Contract if Beneficiary is DependentExempt proceeds / avails if spouse, child, or other dependent is beneficiary.Md. Ins. § 16-111(a); Md. Est. & Trusts § 8-115
Medical Benefits Deducted from WagesExempt from garnishment.Md. Commercial Law § 15-601.1
Property of Business PartnershipExempt 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 EmployeesExempt pension / retirement.Md. State Pers. & Pens. § 21-502
State PoliceExempt retirement benefits.Md. Code Pub. Safety § 88B-31
Appliances, Furnishings, Books, Pets, ClothingUp to \$1,000 total value.Md. Courts & Jud. Proc. § 11-504(b)(4)
Burial Plots / CryptsFully exempt.Md. Code § 5-503 (possibly CR or ET code?)
Health AidsFully exempt.Md. Courts & Jud. Proc. § 11-504(b)(3)
Lost Future Earnings RecoveriesExempt to extent needed for support.Md. Courts & Jud. Proc. § 11-504(b)(2)
AFDC / General AssistanceFully exempt.Md. Code Human Services? 88A-73
Crime Victims’ CompensationFully exempt.Md. Code Crim. Proc. § 11-816
Unemployment CompensationFully exempt.Md. Lab. & Empl. § 8-106
Workers’ CompensationFully exempt.Md. Lab. & Empl. § 9-732
Clothing, Books, Tools, Instruments, Appliances for WorkUp 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.
WagesMinimum 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 propertyMd. Courts & Jud. Proc. § 11-504(b)(5), (f)Total possible wildcard = \$11,000 (6k in any form + 5k in real/personal).

Disclaimer

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.

Consult a Maryland Bankruptcy Attorney