Massachusetts is a dual-choice state—meaning you can opt for either the **Massachusetts** exemptions or **federal** exemptions when filing bankruptcy. Below is a **comprehensive list** of common Massachusetts-specific exemptions, referencing the **Massachusetts General Laws (M.G.L.)**. Always confirm the latest amounts and interpretations with a **licensed attorney**, as laws may change or be interpreted differently.
Asset / Type of Property | Exemption Description | Statute / Code | Notes |
---|---|---|---|
Homestead | Property you occupy, up to \$100,000; or \$200,000 if over age 65 or disabled. Joint owners may not double. Must record a **homestead declaration** before filing. Spouse/child of deceased owner may claim. | M.G.L. c. 188 §§ 1, 1A (older citations might say 188-1, 188-1A); c. 188 § 2 (recordation); c. 188 § 4 (surviving spouse/child) | Tenancy by the entirety property also may be protected from non-necessity debts (M.G.L. c. 209 § 1). |
Bank Deposits to \$125; Food or Cash for Food to \$300 | Limited amounts for deposits and essential food expenses. | M.G.L. c. 235 § 34 | |
Beds, Bedding, Heating Unit, Needed Clothing | Fully exempt if necessary. | M.G.L. c. 235 § 34 | |
Bibles & Books to \$200; Sewing Machine to \$200 | Some limited personal item exemptions for these categories. | M.G.L. c. 235 § 34 | |
Burial Plots, Tombs, Church Pew | Fully exempt. | M.G.L. c. 235 § 34 | |
Cash for Fuel, Heat, Water or Light to \$75/month | Exempt monthly allotment if needed for utilities. | M.G.L. c. 235 § 34 | |
Cash to \$200/month for Rent (In Lieu of Homestead) | If not claiming a homestead, you may claim cash for rent. | M.G.L. c. 235 § 34 | |
Cooperative Association Shares to \$100 | Limited equity interest in a co-op. | M.G.L. c. 235 § 34 | |
2 Cows, 12 Sheep, 2 Swine, 4 Tons of Hay | Specific farm animals/hay exemption. | M.G.L. c. 235 § 34 | |
Furniture to \$3,000; Motor Vehicle to \$750 | Limited exemptions for household furniture and a car. | M.G.L. c. 235 § 34 | |
Moving Expenses (Eminent Domain) | Reimbursement exempt. | M.G.L. c. 79 § 6A | |
Trust Company / Bank / Credit Union Deposits to \$500 | Exempt deposit amount. | M.G.L. c. 246 § 28A | |
Disability Benefits up to \$400/week | Exempt from attachment/garnishment. | M.G.L. c. 175 § 110A | |
Fraternal Benefit Society Benefits | Fully exempt. | M.G.L. c. 176 § 22 | |
Group Annuity Policy / Proceeds | Fully exempt. | M.G.L. c. 175 § 132C | |
Group Life Insurance Policy | Fully exempt. | M.G.L. c. 175 § 135 | |
Life / Endowment Policy, Proceeds or Cash Value | Generally exempt if policy states it is exempt, or if beneficiary is spouse/child/dependent. | M.G.L. c. 175 §§ 119A, 125, 126 (Policy w/ anti-creditor clause) | |
Medical Malpractice Self-Insurance | Exempt coverage or trust for malpractice. | M.G.L. c. 175F § 15 | |
Property of Business Partnership | Exempt from partner’s individual creditors. | M.G.L. c. 108A § 25 | |
ERISA-Qualified Benefits | Generally exempt from attachment/garnishment. | M.G.L. c. 235 § 34A, c. 246 § 28 | |
Private Retirement Benefits | Exempt (some exceptions). | M.G.L. c. 32 § 41 | |
Public Employees | Retirement benefits exempt. | M.G.L. c. 32 § 19 | |
Savings Bank Employees | Some pension/retirement benefits exempt. | M.G.L. c. 168 §§ 41, 44 | |
AFDC | Fully exempt. | M.G.L. c. 118 § 10 | |
Aid to Aged, Disabled | Fully exempt. | M.G.L. c. 235 § 34 | |
Unemployment Compensation | Fully exempt. | M.G.L. c. 151A § 36 | |
Veterans’ Benefits | Fully exempt. | M.G.L. c. 115 § 5 | |
Workers’ Compensation | Fully exempt. | M.G.L. c. 152 § 47 | |
Arms, Accouterments, Uniforms Required to Keep | Fully exempt for service members. | M.G.L. c. 235 § 34 | |
Boats, Fishing Tackle, Nets (Fisherman) up to \$500 | Exemption for essential commercial fishing gear. | M.G.L. c. 235 § 34 | |
Materials You Designed / Procured to \$500 | Possibly references specialized materials or prototypes. | M.G.L. c. 235 § 34 | |
Tools, Implements & Fixtures to \$500 total | Tools of trade for non-farmer, non-fisher. | M.G.L. c. 235 § 34 | |
Wages | Earned but unpaid wages to \$125/week. | M.G.L. c. 246 § 28 |
This list is intended for general educational purposes only and does not constitute legal advice. Exemption amounts, references, and interpretations may change over time or differ by local court. Always consult a licensed Massachusetts bankruptcy attorney or the Massachusetts General Laws for exact amounts and current applicability.