Massachusetts Bankruptcy Exemptions

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 PropertyExemption DescriptionStatute / CodeNotes
HomesteadProperty 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 \$300Limited amounts for deposits and essential food expenses.M.G.L. c. 235 § 34
Beds, Bedding, Heating Unit, Needed ClothingFully exempt if necessary.M.G.L. c. 235 § 34
Bibles & Books to \$200; Sewing Machine to \$200Some limited personal item exemptions for these categories.M.G.L. c. 235 § 34
Burial Plots, Tombs, Church PewFully exempt.M.G.L. c. 235 § 34
Cash for Fuel, Heat, Water or Light to \$75/monthExempt 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 \$100Limited equity interest in a co-op.M.G.L. c. 235 § 34
2 Cows, 12 Sheep, 2 Swine, 4 Tons of HaySpecific farm animals/hay exemption.M.G.L. c. 235 § 34
Furniture to \$3,000; Motor Vehicle to \$750Limited 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 \$500Exempt deposit amount.M.G.L. c. 246 § 28A
Disability Benefits up to \$400/weekExempt from attachment/garnishment.M.G.L. c. 175 § 110A
Fraternal Benefit Society BenefitsFully exempt.M.G.L. c. 176 § 22
Group Annuity Policy / ProceedsFully exempt.M.G.L. c. 175 § 132C
Group Life Insurance PolicyFully exempt.M.G.L. c. 175 § 135
Life / Endowment Policy, Proceeds or Cash ValueGenerally 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-InsuranceExempt coverage or trust for malpractice.M.G.L. c. 175F § 15
Property of Business PartnershipExempt from partner’s individual creditors.M.G.L. c. 108A § 25
ERISA-Qualified BenefitsGenerally exempt from attachment/garnishment.M.G.L. c. 235 § 34A, c. 246 § 28
Private Retirement BenefitsExempt (some exceptions).M.G.L. c. 32 § 41
Public EmployeesRetirement benefits exempt.M.G.L. c. 32 § 19
Savings Bank EmployeesSome pension/retirement benefits exempt.M.G.L. c. 168 §§ 41, 44
AFDCFully exempt.M.G.L. c. 118 § 10
Aid to Aged, DisabledFully exempt.M.G.L. c. 235 § 34
Unemployment CompensationFully exempt.M.G.L. c. 151A § 36
Veterans’ BenefitsFully exempt.M.G.L. c. 115 § 5
Workers’ CompensationFully exempt.M.G.L. c. 152 § 47
Arms, Accouterments, Uniforms Required to KeepFully exempt for service members.M.G.L. c. 235 § 34
Boats, Fishing Tackle, Nets (Fisherman) up to \$500Exemption for essential commercial fishing gear.M.G.L. c. 235 § 34
Materials You Designed / Procured to \$500Possibly references specialized materials or prototypes.M.G.L. c. 235 § 34
Tools, Implements & Fixtures to \$500 totalTools of trade for non-farmer, non-fisher.M.G.L. c. 235 § 34
WagesEarned but unpaid wages to \$125/week.M.G.L. c. 246 § 28

Disclaimer

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.